[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?
>>>
>>>         **
>>>
>>>         **
>>>
>>>         **
>>>
>>>         **
>>>
>>>         *Gourley Law Group*
>>>
>>>         *Snohomish Escrow*
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>>>         *The Exchange Connection*
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