[WSBARP] Release of bank lien on adverse possession.

Fri Sep 11 14:29:47 PDT 2020

Exactly, find a title company that can understand this. 

Rob

Robert D. Wilson-Hoss

Hoss & Wilson-Hoss, LLP

236 West Birch Street

Shelton, WA 98584

360 426-2999

www.hossandwilson-hoss.com <http://www.hossandwilson-hoss.com> 

rob at hctc.com <mailto:rob at hctc.com> 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of John McCrady
Sent: Friday, September 11, 2020 2:05 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Release of bank lien on adverse possession.

For what it's worth, I would have no problem removing the lien upon review
of the judgment

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

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[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Friday, September 11, 2020 1:52 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Release of bank lien on adverse possession.

It is the title company creating the problem.  I am suggesting a new title
company.  To me the language of the order is pretty clear that the lien is
stripped. 

  _____  

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<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > on behalf of Kary Krismer
<Krismer at comcast.net <mailto:Krismer at comcast.net> >
Sent: Friday, September 11, 2020 12:48:34 PM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>
<wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Release of bank lien on adverse possession. 

Would a title company remove the exception for the DOT on those facts?
Seemingly they could rely on the court order rather than needing a release.

Kary L. Krismer
206 723-2148

On 9/11/2020 1:04 PM, Craig Gourley wrote:

Thank you all. In thus case the AP claim in about 30 years old so predates
the DOT. We did serve the bank and they are subject to the award of AP.
Problem is that the bank sold the loan after the AP award so we have a new
"lender" who was not a party. Normally banks do a partial recon and we have
no issues. Here the new lender is not a party and won't respond to our
communications . 

Sent from my Verizon, Samsung Galaxy smartphone

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  _____  

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<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com> on behalf of Gregory L. Ursich
<mailto:gursich at insleebest.com> <gursich at insleebest.com>
Sent: Friday, September 11, 2020 9:59:36 AM
To: WSBA Real Property Listserv  <mailto:wsbarp at lists.wsbarppt.com>
<wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Release of bank lien on adverse possession. 

All Lender's title policies have extended coverage and therefore insurance
for AP claims. By suing the lender in the quiet title, they will instantly
tender to the title insurer and will get appointed a very reasonable
attorney, such as myself, to have the lender stipulate to adverse
possession. -Greg

Gregory L. Ursich 

Shareholder

Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004

P: 425.450.4258 | F: 425.635.7720

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[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kary Krismer
Sent: Friday, September 11, 2020 6:04 AM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: Re: [WSBARP] Release of bank lien on adverse possession.

I'm not sure Doug's issues matter based on zero research and what my wife
claims is a questionable faulty memory.  

I believe a grantee under a statutory warranty deed would take subject to
the AP claim even if the full 10 years had not passed at the time of
transfer.  The AP claimant would merely have to wait for the remaining time
to pass.  I don't see any reason a grantee of a DEED of trust would be any
different.  If the claim of ownership disappears through AP I think it
disappears as to anyone with a claim against the property, or at least
anyone claiming through the owner against which the period of AP started.

Alternatively, if the 10 years had passed at the time of the recording of
the DOT then the DOT may have never attached to the portion.  As I recall
it's the date of the expiration of 10 years that matters, not the date of
the court ruling that the 10 years passed.

As to Greg's point about title insurance, if the bank has coverage the bank
would have little motivation to act and so probably won't act.  But does a
lender's policy cover AP, or does it matter when the AP claim 10 year period
expired?  I'm pretty sure owner's policies wouldn't cover an owner when the
entire period of AP occurred after they took title.

Kary L. Krismer 
206 723-2148

On 9/10/2020 8:02 PM, Doug Owens wrote:

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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