[WSBARP] last minute cloud on title

[Kathleen Hopkins]

Intentional interference with contractual expectancy?



Kathleen J. Hopkins
Real Property Law Group, PLLC
1326 Fifth Avenue, Suite 654
Seattle, WA 98101
Phone & Fax: (206) 625-0404
email: khopkins at rp-lawgroup.com
www.rp-lawgroup.com


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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Tuesday, March 07, 2017 10:02 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] last minute cloud on title

The Seller is demanding clear title?

Holdback/indemnification might work for the parties at 1.5 times the amount but there isn't any requirement that the Title Company agree to it.  My guess is that it depends on the amount in dispute.  Unfortunately, Slander of Title won't work until the sale actually fails as I understand that cause of action because as of now you don't actually have a loss, just a potential loss.  It wouldn't be ripe if memory serves.

On mobile so sorry this is cryptic

Rich Holland
rich at pnwle.com<mailto:rich at pnwle.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Douglas W. Scott
Sent: Tuesday, March 07, 2017 8:04 AM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>) <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] last minute cloud on title

CR2A Agreement states that a party to the litigation gets a percent of the proceeds on the sale of the Property.  No requirement that they be informed of pre-closing info because they may hamper closing.  2 days before closing the party records the CR2A against the Property alleging wrongfully that it has been breached.  Title Co. acknowledges that it is not a lien, but won't clear title because of "risk".  Seller demands clear title . Property Owner is 94 years old and closing is in jeopardy.  OPTIONS:  slander of title action; holdback of funds to indemnify title co.; give party all info and hope they don't use leverage and ask for more money.  Any suggestions?

Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829
www.davisscottlaw.com<http://www.davisscottlaw.com/>

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