[WSBARP] Deed in Lieu of Forfeiture
Rob Wilson-Hoss
rob at hctc.com
Wed Oct 16 14:45:40 PDT 2019
That can go in the deed itself. Belt and suspenders, if you get a title report and make sure you have clear title anyway.
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 Andrew Hay
Sent: Wednesday, October 16, 2019 2:34 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Deed in Lieu of Forfeiture
In addition to the quit claim or deed in lieu, I would do an agreement that the Real Estate Contract or Deed of Trust is not merged into the deed so that if a subsequent foreclosure is needed, that can be done.
Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
<http://www.washingtonlaw.net/> www.washingtonlaw.net
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Wednesday, October 16, 2019 2:17 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Deed in Lieu of Forfeiture
I suggested that the client get a title report done.
James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
On Wed, Oct 16, 2019 at 2:06 PM Kary Krismer <Krismer at comcast.net> wrote:
There is the issue of non-merger if there's an unknown junior interest.
Kary L. Krismer
206 723-2148
On 10/16/2019 1:52 PM, Jim Doran wrote:
Maybe the good old Quit Claim Deed is the only assurance that the Seller needs and that's all.
James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
On Wed, Oct 16, 2019 at 1:49 PM Kailei Feeney <kailei at westseattlelaw.com> wrote:
Hello Jim,
I think Mr. Owen’s valid point is that with a real estate contract, the seller does not convey a deed to the buyer until all obligations under the real estate contract have been satisfied.
As such, perhaps a deed back to seller is not appropriate (although once the contract was rescinded, if the rescission remained private, I could certainly see a QCD being used to clear title).
Regards,
Kailei
Kailei B. Feeney
Attorney-at-Law
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Seattle, WA 98116-3705
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jim Doran
Sent: Wednesday, October 16, 2019 1:25 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed in Lieu of Forfeiture
No. There is such a thing as a Deed in Lieu of Forfeiture. I could bootstrap a Quit Claim Deed into it. but I thought a standard form would be available.
Thanks anyway for the thought.
Jim
James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
On Wed, Oct 16, 2019 at 1:16 PM Doug Owens <dougowens at seattlerelawyer.com> wrote:
Dear Jim, it seems to me that since the vendee on a real estate contract has not previously received a deed that person would be unable to execute a deed back to the vendor. Perhaps a rescission of the contract could be executed and recorded. Just a thought. Yours truly, Doug Owens
On Oct 16, 2019, at 11:20 AM, Jim Doran <jim at doranlegal.com> wrote:
Does anyone have a form for a Deed in Lieu of Forfeiture? This is a real estate contract situation. Forfeiture not foreclosure.
Thank you.
Jim Doran
James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com <http://www.doranlegal.com/>
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