[WSBARP] Fouled up Deed of Trust
John McCrady
j.mccrady at pstitle.com
Thu Mar 5 08:53:20 PST 2020
I would consider the deed of trust still enforceable as a mortgage; still, the RCW does provide in RCW 64.24.010 (2):
If a trustee is not appointed in the deed of trust, or upon the resignation, incapacity, disability, absence, or death of the trustee, or the election of the beneficiary to replace the trustee, the beneficiary shall appoint a trustee or a successor trustee.
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rich Holland
Sent: Wednesday, March 04, 2020 1:45 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Fouled up Deed of Trust
I could be mistaken but isn't the recorded instrument still enforceable as a mortgage?
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Joseph McIntosh <jmcintosh at McCarthyHolthus.com<mailto:jmcintosh at McCarthyHolthus.com>>
Sent: Wednesday, March 4, 2020 11:57:23 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Fouled up Deed of Trust
If you can get it amended, with the grantors' notarized signature, I think that is ideal.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com<mailto:nestor at pplsweb.com>
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Subject: [WSBARP] Fouled up Deed of Trust
PC call me because they borrowed money from a family member they filled it out and recorded the deed of trust, but failed to name a Trustee.
Which way is the best way to go here. Rerecord a new Amended, Restated and Corrective Trust (with Borrower and lender signing off) or just a "Substitution of Trustee" or "Appointment Of Successor Trustee".
Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary
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