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

[Kary Krismer]

I had a similar situation a couple of years ago where the debtor on the 
mortgage simply disappeared, and after not paying HOA dues for some time 
lost the property to foreclosure.  The HOA then wanted to sell, but the 
mortgage servicing company would not give a payoff due to lack of authority.

It took dozens of phone calls which resulted in a number of hopeful 
situations soon soured.   What I can tell you from that experience is 
that talking to the people who answer the phones and their management 
will not get you anywhere.  What it took was finding a VP of something 
or other who understood the situation and took enough interest to get 
the underlings to do something. Getting them to act voluntarily was a 
difficult, time-consuming process.

Kary L. Krismer
206 723-2148

On 3/10/2021 12:11 PM, David Faber wrote:
> 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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