[WSBARP] Q re: Unreconveyed DOTs

[Rob Wilson-Hoss]

>From a complaint recently:

 

            Pursuant to RCW 61.16.020 and .030, applicable to deeds of trust through RCW 61.24.020, the beneficiary has refused to acknowledge satisfaction of the debt evidenced by the promissory note and secured by the subject deed of trust, and has refused to reconvey the same.  Plaintiff is therefore entitled to entry of Judgment in her favor for damages and attorney fees.

 

The threat of a judgment for attorney fees worked pretty quickly.  This was also a situation where the original lender was defunct and it was hard to figure out who thought they should be the beneficiary.  

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jay Goldstein
Sent: Tuesday, June 06, 2017 1:09 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Q re: Unreconveyed DOTs

 

Threaten quiet title if lender refuses to reconvey -- is one strategy: 

 

Our client paid off mortgage long ago, bank #1 went under and successor bank #2 had no records—since mortgage paid off before bank #2 took over.

 

Bank #2 refused to reconvey.

 

We drafted quiet title action, threatened to file it, and bank reconveyed.

 

J

 

Jay A. Goldstein

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1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502  

Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net <http://www.jaglaw.net/>   

jay at jaglaw.net

 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of MK Henderson
Sent: Tuesday, June 06, 2017 1:00 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Q re: Unreconveyed DOTs

 

Craig., In the past I have contacted the title or escrow company that filed the DOT and if that doesn't work the mortgage department of the bank has processed the reconvyance. Mary

 

On Tue, Jun 6, 2017 at 12:46 PM, Craig Blackmon <craig at lawofficeofcraigblackmon.com> wrote:

Listmates, I have a client with two DOTs where the underlying debt was repaid but the DOT was never reconveyed. I know RCW 61.24.110 provides a mechanism for extinguishing the lien, but I am wondering if there is any good practical advice about how to address this problem in the most efficient manner possible. 

 

For example, a "reconveyance fee" is routinely paid at closing, it was my understanding to facilitate reconveyance in the future. Is that right and how would I trigger an obligation to obtain reconveyance?

 

My apologies for what is likely a question I should know the answer to - and thanks in advance for any insight you can provide. A call is fine as well.

 

Craig


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Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/> 

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Mary K. Henderson

Henderson Law Office PLLC
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