[WSBARP] Old HELOC blocking title

[Pam Rohr]

I have a very old deed of trust from a bank on commercial property.  The bank refuses to reconvey or answer the complaint for quiet title (it is always coming soon).

 

RCW 7.28 is very clear how to clean up old liens on real property and allows for costs and attorney fees to be assessed.  However, it takes a lot more time that having a title company insure around title.

 

Pamela H. Rohr, Esq.

Trunkenbolz | Rohr pllc

P.O.  Box 14033        

Spokane, WA  99214

(509) 928-4100

 <mailto:phr at trlaw-spokane.com> phr at trlaw-spokane.com

 <http://www.SpokaneLegalEagle.com> www.SpokaneLegalEagle.com

 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Joseph McIntosh
Sent: Monday, October 4, 2021 3:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Old HELOC blocking title

 

Did you ask Chase if they would issue a lien release?  If it is confirmed they acquired the loan, and in the absence of documentation on their end showing an unpaid balance, I would think they would do a release as successor to the original lender. I don’t think you have a justiciable controversy to support a quiet title under the circumstances, unless they say the lien remains valid.

 

The tougher cases, and where judicial intervention is often required, is where you can’t find the lienholder and you need to publish notice of your intent to quiet title.  

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jan Kelly
Sent: Monday, October 4, 2021 2:13 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto: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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