[WSBARP] Release of bank lien on adverse possession.

[Joseph McIntosh]

Was the lien given before the adverse possession?  If so, the encumbered interest should be free and clear of the AP claim, and could be auctioned to a buyer at foreclosure free and clear.  However, lenders typically want to conform their lien to match current property lines, which makes properties free of title uncertainties and more marketable, and that may be one way to sell the voluntary partial release.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Thursday, September 10, 2020 6:54 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Release of bank lien on adverse possession.

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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