[WSBARP] Quiet Title for lack of Reconveyance- really old loan

Wed Sep 22 10:54:31 PDT 2021

I filed the motion for service by publication at the same time.  I've attached the form of my motion - the caption should answer at least some of the remaining questions.

FYI, the named defendants in this case were sellers under a real estate contract.  No fulfillment deed was recorded and, 45 years later, the Plaintiffs wanted to sell.  Surprise.

I don't think that you would need to name the DOT Trustee as a defendant.  The Trustee does not have an interest in the property - only a job to do.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Athena Dickerson
Sent: Wednesday, September 22, 2021 10:32 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Quiet Title for lack of Reconveyance- really old loan

Hi Mark,

Thanks for responding.   When you filed the initial quiet title action did you file a motion to serve by publication at the same time?  I can just name  "unknown heirs of"? as the Defendants I assume.   Did you include the bank who was the Trustee for the DOT even though they weren't the Holder of the loan since they serviced and collected payments (probably not is my guess, but first time I am doing one of these)

Athena Makratzakis Dickerson
DETHLEFS SPARWASSER<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,3MignbV7JN3fDW35Ex6-X8EUG7nEGjNuKTlfq-Aje1rdb6fDs8Yt68iJDkX__xogulPxvRxqczE1jab42wQRIayCHjlfyP0fLjpZdlZRIPinoeG9OpKmAQ,,&typo=1>
REICH DICKERSON PLLC<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,bLSaO3IzGA_4xpDLui54w20Gh4qqnIdqihOO9lsFaFpEr3IyQlnxxNFTiURyp45gMfqeZoZNVArN8uCnWCEWoTGD7jQGcUGBlkqV6h6b1rlgrg,,&typo=1>
100 Second Avenue South, Suite 190  I  Edmonds, WA 98020
P  425.776.1352  I  F 425.776.2467
athena at detsparlaw.com<mailto:athena at detsparlaw.com>

This message and the documents attached to it, if any, contains confidential information from DETHLEFS SPARWASSER REICH DICKERSON PLLC, is intended only for the use of the addressee and may contain information that is privileged and confidential under applicable law, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this communication in error, please delete all electronic copies of this message and its attachments, destroy any hard copies you may have created and notify our office immediately.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Mark Anderson
Sent: Wednesday, September 22, 2021 10:20 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Quiet Title for lack of Reconveyance- really old loan

I've done several of these as well, including one where the seller was a long-defunct entity represented by a long-deceased trustee.  We served by publication and got the default.  Pretty straightforward.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Bryce Dille
Sent: Tuesday, September 21, 2021 3:05 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Quiet Title for lack of Reconveyance- really old loan

Yes I have done several of these lately and name the benrficiary  as deceased and all unknown heirs etc and then get an order permitting service by publication

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Athena Dickerson
Sent: Tuesday, September 21, 2021 2:58 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Quiet Title for lack of Reconveyance- really old loan

Hi all,

I have had this come up quite a few times recently where the bank has not recorded or prepared a Reconveyance for a Note and DOT, causing clients to scramble at closing when title insurance flags this issue.  In the past we have always been able to resolve by either a short holdback period for funds, convincing title to insure around the DOT depending on time and amount, etc.   I am stuck on this current one where a very old loan from the 80's which was a private loan being paid to Seller of a property which was being collected on through Seafirst Contract Collection Department.   BOA (successor to Seafirst is not much help).   The loan was paid off in the mid 90's, but no one has any cancelled checks or statements.  There is a document from the holder of the Note (beneficiary of the DOT) which says that only 40K was left on this loan in the late 80's.   Well, title hasn't bought my argument that they should insure around it due to the passage of time and amount and the beneficiary is deceased, her PR of her estate from 20 years ago is also deceased.  I think I am stuck filing a quiet title action but would the heirs of the deceased be who I name for the beneficiary who cant confirm the loan was paid off?  Also open to any other suggestions anyone may have in this situation.

Athena Makratzakis Dickerson
DETHLEFS SPARWASSER<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,3MignbV7JN3fDW35Ex6-X8EUG7nEGjNuKTlfq-Aje1rdb6fDs8Yt68iJDkX__xogulPxvRxqczE1jab42wQRIayCHjlfyP0fLjpZdlZRIPinoeG9OpKmAQ,,&typo=1>
REICH DICKERSON PLLC<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,bLSaO3IzGA_4xpDLui54w20Gh4qqnIdqihOO9lsFaFpEr3IyQlnxxNFTiURyp45gMfqeZoZNVArN8uCnWCEWoTGD7jQGcUGBlkqV6h6b1rlgrg,,&typo=1>
100 Second Avenue South, Suite 190  I  Edmonds, WA 98020
P  425.776.1352  I  F 425.776.2467
athena at detsparlaw.com<mailto:athena at detsparlaw.com>

This message and the documents attached to it, if any, contains confidential information from DETHLEFS SPARWASSER REICH DICKERSON PLLC, is intended only for the use of the addressee and may contain information that is privileged and confidential under applicable law, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this communication in error, please delete all electronic copies of this message and its attachments, destroy any hard copies you may have created and notify our office immediately.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210922/3fd5b0d6/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: MService by Publication example.docx
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
Size: 19124 bytes
Desc: MService by Publication example.docx
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210922/3fd5b0d6/MServicebyPublicationexample.docx>