[WSBARP] Improperly transferred title & deceased Grantor on Deed of Trust (mortgage balance remaining)

[David Faber]

List,

C purchased property on a Quit Claim Deed a decade ago from a Seller (S). S
had a mortgage and did not properly assign to C at closing. S died in 2017.
C has continued paying the mortgage for the last ten years, and now C wants
to sell the property. The mortgage company is refusing to provide a payoff
number citing a lack of authority on the part C to request this information
or to execute on the payoff/reconveyance.

Is there an easier route for something like this other than filing an
intestacy for S (S had no Will)? Is there a process akin to using a Small
Estate Affidavit or a Lack of Probate Affidavit for this? Total debt is
about $22k, if that matters. Any other thoughts on the easiest method of
dealing with this?

Thank you.

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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