[WSBARP] Release of bank lien on adverse possession.

[Doug Owens]

Dear Craig, this is an interesting question.  I have not done any research on the point but it seems to me that the principle behind adverse possession is that the open, notorious and hostile possession for the statutory term should be something that would motivate the person entitled to protect the property interest to take action to eject the trespasser.  Under this principle I ask myself what could the lien holder have done to eliminate the trespass?  And is the lien holder charged with knowledge of the adverse possession such that the lien holder could declare a breach of the deed of trust for the borrower’s failure to protect the title?  On what basis would such knowledge be imputed?  An alternative analysis is that the adverse possessor takes title “subject to” the lien.  At a minimum if the adverse possessor did not serve the lender with the summons and complaint it would seem anomalous that the lien could be invalidated by the award of title through adverse possession.  Good luck.  Yours truly, Doug Owens

On Sep 10, 2020, at 6:47 PM, Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>> wrote:

Listmates,  When a party is awarded title to property by adverse possession is the lender lien automatically stripped?  We have an uncooperative lender that refuses to recon the adversely possessed parcel and we really don’t want to file a quiet title over a planter box.  However, this small cloud on title is preventing our clkient’s sale of the property.  Thoughts?





Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>


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