[WSBARP] Old HELOC blocking title

Kokie Adams Kokie at adamslawgroupnw.com
Mon Oct 4 14:48:59 PDT 2021


I have had title company remove old liens if client signs an indemnification agreement with the title company.

Best regards,

Kokie Adams
(pronouns she/her/hers)

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7127 - 196th Street S.W.
Suite 201
Lynnwood, WA  98036
425.774.0444 (phone)
kokie at adamslawgroupnw.com<mailto:kokie at adamslawgroupnw.com>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jan Kelly
Sent: Monday, October 4, 2021 2:07 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Old HELOC blocking title

Fellow list mates:

My client is selling real property from an estate. There is a title exception for a very old HELOC that was most likely paid off, but no reconveyance was recorded.  I received the following from the title company; does anyone have a recommendation short of a quiet title action? The Closing is suppose to occur in about one week.

"We are still pending documentation to clear par 7 on the title report that shows the HELOC on title. It appears it may have been paid off by the Washington Mutual Line of Credit, which is now Chase. I have reached out to Chase to see if they could provide documentation showing the old HELOC being paid off and they were unable to locate any documentation on this due to the fact that It was originally with Washington Mutual Bank and how far back this was dated. I have also attempted to reach out to Fidelity National Title, who was the trustee on the original HELOC, to see if they had any record of the reconveyance, and they did not. We will need documentation, from Washington Mutual or Greenpoint Mortgage, either a closing letter, statement or something showing this paid off, which would of been provided if this was closed. We have to have some sort of documentation for this in order to proceed with closing as we have not been able to obtain documentation from the associated parties."

--

Jan Kelly, JD/MBA
Attorney at Law

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733
Facsimile (360) 779-2265

Licensed in Nevada and Washington.

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