[WSBARP] "Lost mortgage" analysis

[Tom Westbrook]

Terhune v. North Cascade Trustee Services, Inc., 446 P.3d 683 (2019)

Decided August 13th.



There is also a Division I case a few months ago saying the same thing.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Gregory L. Ursich
*Sent:* Monday, September 16, 2019 9:09 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] "Lost mortgage" analysis



Recent court of appeals decision on this issue, can’t recall the cite or
name right now, but decided in last 3 months. If Loan HAS NOT BEEN
ACCELERATED, then the SOL has not run because you count 6 years from each
payment due. They can still start a new foreclosure. If the original note
is truly lost, that is another issue. -Greg Ursich, Inslee Best

Sent from my iPhone


On Sep 16, 2019, at 8:17 AM, Craig Blackmon <
craig at lawofficeofcraigblackmon.com> wrote:

'Mates, I just picked up a "lost mortgage" case and could use a little
input to make sure I am on the right track.



Facts: Loan in 2006, default in 2008. NOD and NOTS served and filed in
2009, with sale then discontinued in 2010.. and nothing since. But lender
(apparently) continues to pay property taxes.



My analysis: Client no longer liable on Note due to 6 year SOL. But under
the DOT, client remains liable (by way of lien) for last six years of
missed payments, plus outstanding principal.



Can anyone lend a hand? If I am way off base, perhaps a call?



Thank you, thank you, thank you...



Craig

Craig Blackmon, Attorney at Law

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