[WSBARP] Release of Deed of Trust/Quiet Title?

[Kary Krismer]

I'm not familiar with those appellate court cases, but if the statute of 
limitations argument is based on due date of periodic payments I have a 
hard time seeing how due date for a periodic payment could be after it 
was discharged.  So seemingly the bankruptcy discharge date would be the 
latest date for the statute of limitations for all the payments.  But if 
so, doesn't that line of cases presumably work in favor of the OP's 
client since all the payments would have been due over 18 years ago?

Also, to the extent that the Bankruptcy Act does have applicable 
language, it would presumably say that the creditor's claim was the full 
amount, not just those payments prior to bankruptcy.  I don't see, 
however, how such provisions would affect a states law SOL.

Kary L. Krismer
206 723-2148

On 2/3/2021 5:58 AM, Joseph McIntosh wrote:
>
> A quiet title can be maintained if the statute of limitations for 
> enforcement of the lien is expired.   Commencement of the statue 
> typically depends on when rights contractually accrue, so you would 
> have to look at the contract, and particularly, it’s maturity.  If 
> it’s an installment thirty year mortgage, there might be some payments 
> that have not yet come due (and rights to enforce that have not 
> accrued), unless there was an event of acceleration.
>
> There is some goofy language from a recent WA appellate court that 
> says a bankruptcy discharge matures a secured loan, although that 
> language has been pretty widely panned, and there’s a couple cases in 
> the pipeline seeking correction of that language. Nothing from the 
> bankruptcy code says a personal discharge matures or accelerates 
> secured debt.
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> [mailto:wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Samuel M. Meyler
> *Sent:* Tuesday, February 2, 2021 7:41 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Release of Deed of Trust/Quiet Title?
>
> Listmates,
>
> Property owner has a 1^st and 2^nd position mortgage/deeds of trust 
> encumbering the property. Owner files for bankruptcy in 2012.  
> Standard Order of Discharge enters.  Owner works out a loan 
> modification with the 1^st position lender but does not with the 2^nd 
> . 2^nd DOT continues to appear on title now that the property is being 
> sold.  It has now been over 18 years since the discharge.  What are 
> the options here?  Has anyone ever had success in getting a lender in 
> this position to release/reconvey?  Should the 2^nd DOT be removed via 
> quiet title action?  Thanks for your input.
>
> **
>
> *Samuel M. Meyler*
>
> *Meyler Legal, PLLC *
>
> 1700 Westlake Ave. N., Ste. 200
>
> Seattle, Washington 98109
>
> *Tel:*206.876.7770
>
> *Fax:*206.876.7771
>
> *Email:*samuel at meylerlegal.com <mailto:samuel at meylerlegal.com>
>
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