[WSBARP] Beneficiary of DOT absent and uncooperative, even though grantor has paid in full the promissory note securing DOT

[Stephen Crane]

Listserve Mates:

I represent a client who was a Grantor of a 2009 DOT securing payment of a
Note awarded in a divorce case regarding a formerly jointly held
residential property in King County.   First American is the named Trustee.

The Grantor paid the Note in full in 2013, but he did not ask for or get
the original of the Note or a signed request for reconveyance.  The
Beneficiary filed Chapter 7 in 2015, and in her sworn Petition she did not
list the Note as an asset (since it had been paid in full).

Fast forward 8 years and the Grantor signs a PSA to sell the subject
property with a quick close, and the preliminary title report, of course,
shows the 2009 Deed of Trust.
I was able, nevertheless, to get escrow (Chicago Title) and the buyer (and
the buyer's lender!) to agree to allow the sale to close with it on the
title, upon an indemnity from the Seller/Grantor, around 10% "holdback"
from the sale proceeds (close to the face amount of the DOT/Note, and an
endorsement insuring removal of the encumbrance).

What do you recommend as the best approach to most quickly and
inexpensively obtain removal of the 2009 DOT from title, besides filing a
quiet title action?
I have reached out to the lawyers who represented the Beneficiary in the
2009 divorce and the 2015 bankruptcy, requesting that they contact the
Beneficiary (who reportedly lives in British Columbia), even offering
(prior to closing) to pay the Beneficiary for her time and cooperation in
completing the paperwork needed to remove the DOT, but without success.
Also, the Grantor's bank (Bank of America) told the Grantor that its
records from 2009 to 2013 showing payments to the Beneficiary by the
Grantor are simply too old and no longer exist in any form (could this be
accurate?).

Thanks, as always, for your thoughts and suggestions.

Steve Crane

*Stephen J. Crane*

*CRANE DUNHAM PLLC*

*3600 15th Ave West, Suite 200*

*Seattle, WA 98119 *

*phone: (206) 292-9090
<%28206%29%20292-9090>  email: scrane at cranedunham.com
<scrane at cranedunham.com>*

*fax: (206) 292-9736 <%28206%29%20292-9736>     web: www.cranedunham.com
<http://www.cranedunham.com/>*



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