[WSBARP] Release of bank lien on adverse possession.
Kary Krismer
Krismer at comcast.net
Fri Sep 11 17:42:34 PDT 2020
My thought was it's more that the assignee is that of a party to the
litigation that lost. The decision is therefore directly binding on
them because their rights are no greater than their assignor.
I'm also assuming there was a lis pendens filed, but I'm not even sure
that would matter. That would be an alternative theory.
Kary L. Krismer
206 723-2148
On 9/11/2020 4:07 PM, Gregory L. Ursich wrote:
> Craig: Thinking about this more; the judgment is IN REM against the
> property and to quiet title as to the recorded deed of trust,
> regardless of who owns this now. The Deed of trust is gone from title
> for the AP area I assume was legally described in the judgment.
> Yes, get another title company to insure the sale. -Greg Ursich
>
> Sent from my iPhone
>
>> On Sep 11, 2020, at 1:55 PM, Craig Gourley <craig at glgmail.com> wrote:
>>
>>
>> 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.
>> ------------------------------------------------------------------------
>> *From:* wsbarp-bounces at lists.wsbarppt.com
>> <wsbarp-bounces at lists.wsbarppt.com> on behalf of Kary Krismer
>> <Krismer at comcast.net>
>> *Sent:* Friday, September 11, 2020 12:48:34 PM
>> *To:* wsbarp at lists.wsbarppt.com <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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>>> ------------------------------------------------------------------------
>>> *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 Gregory L.
>>> Ursich <gursich at insleebest.com> <mailto:gursich at insleebest.com>
>>> *Sent:* Friday, September 11, 2020 9:59:36 AM
>>> *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.
>>>
>>> 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
>>>
>>> <image003.jpg>
>>>
>>>
>>> *Gregory L. Ursich *
>>>
>>> Shareholder
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>>> *From:*wsbarp-bounces at lists.wsbarppt.com
>>> <mailto:wsbarp-bounces at lists.wsbarppt.com>
>>> [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?
>>>
>>> **
>>>
>>> **
>>>
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>>>
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