[WSBARP] WSBARP Digest, Vol 91, Issue 24
Stephen Whitehouse
swhite8893 at aol.com
Wed Apr 20 14:35:29 PDT 2022
Steve, On your issue with Bank of America and Ocwen, you will not get anywhere with either of them. It is a waste of time. File a quiet title action and ask for attorneys fees. If you need any more information, call me.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com
-----Original Message-----
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Sent: Wed, Apr 20, 2022 12:00 pm
Subject: WSBARP Digest, Vol 91, Issue 24
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Today's Topics:
1. Seattle Commercial Non-Payment of Rent GURUs (Kaitlyn Jackson)
2. Real property terms for Will (Adrienne Keith Wills)
3. Helena, MT Commercial Real Estate Lawyer (Brian Dano)
4. Re: Forms (Mark Anderson)
5. Hybrid RP/Family Law issue (Leighann Hansing)
6. Need to clear off of title an old (2006) DOT securing Note
paid off (in 2010) (Stephen Crane)
7. Re: Need to clear off of title an old (2006) DOT securing
Note paid off (in 2010) (John McCrady)
8. Re: Forms (Bryce Dille)
9. Kauai (Chris B)
10. Re: Need to clear off of title an old (2006) DOT securing
Note paid off (in 2010) (Stephen Crane)
11. Re: Kauai (Nicholas Pleasants)
12. Re: 2nd DOT invalid - After-acquired title? (Rani K. Sampson)
----------------------------------------------------------------------
Message: 1
Date: Tue, 19 Apr 2022 13:44:29 -0700
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Seattle Commercial Non-Payment of Rent GURUs
Message-ID:
<CAO+NF_5w4ZKd_BwgSuLJrAB=iG9E10vYyj+S_JSjkpXD765rTQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
As you may have gathered, I mainly practice in Residential unlawful
detainer cases. But, an interesting fact pattern came across my desk today
for a commercial landlord in Seattle. So I'm hoping that there's a
commercial attorney who is familiar with Seattle's eviction moratorium on
small businesses on this listserv who can point me in the right direction
before I start issuing notice to the tenant.
Tenant owes almost $200,000.00 in commercial rent. Has been making zero
payments since Pandemic started. Property in Seattle so a landlord/owner
has been paralyzed until the moratorium lifted at the end of February.
According to Seattle Ordinance 126066,
*A. A small business or nonprofit tenant that fails to pay rent when due
during or within six months after the termination of the civil emergency
proclaimed by Mayor Durkan on March 3, 2020, may elect to pay its overdue
rent in installments during that period on a payment schedule. *
*B. A written installment payment schedule shall be negotiated between the
lessor and the small business or nonprofit for the payment of rent in
arrears, provided that *
*1) the repayment schedule may not require the small business or nonprofit
to pay, in addition to rent due for the month or period, more than 1/3 of
late rent within any month or period following the month or period for
which full rent was not paid unless agreed by the tenant, and*
*2) rent in arrears shall be paid in full to the lessor no later than one
year after the termination of the civil emergency proclaimed by the Mayor
on March 3, 2020. *
My questions are:
1. How did this not get overturned? (Just kidding - that's not my
question).
2. If a tenant owes $200,000.00 in unpaid rent, is the payment plan really
limited to 1/3 of the monthly rent plus staying up to date on current rent?
3. If that's true, when new rent due is not paid, does that also have to be
lumped into payment plans of 1/3 of that month's rent?
4. If the tenant and landlord cannot agree on a repayment plan in
compliance with this ordinance, can the landlord just serve a pay or vacate
according to RCW 59.12.030 and move forward with an eviction?
Thanks in advance!
--
Thank you,
Kaitlyn R. Jackson, Senior Associate Attorney
Dimension Law Group, PLLC
*Office:* 206-973-3500?*Fax:* 206-577-5090
*Email: **kaitlyn**@dimensionlaw.com <http://dimensionlaw.com/>*
*www.dimensionlaw.com <http://www.dimensionlaw.com/>*
130 Andover Park East, Suite 300, Tukwila, WA 98188
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Message: 2
Date: Tue, 19 Apr 2022 21:40:54 +0000
From: Adrienne Keith Wills <akwills at willslawfirm.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Real property terms for Will
Message-ID:
<MWHPR01MB2287C4806E780678326CF691D5F29 at MWHPR01MB2287.prod.exchangelabs.com>
Content-Type: text/plain; charset="us-ascii"
Hi Listmates,
I'm working with a client on Will. She resides in Seattle and owns her home. She is in a relationship with a significant other who is living with her. She has three adult children from prior marriages/relationships.
I'm hoping to get some list insight on some thoughts she's expressed.
1. The client has indicated a timeframe she'd like for the PR to select a real estate agent who would list the property. I've not seen this timeframe specified in my work so far, and I can see where this would create a problem by overmanaging the process. However, I'm curious to know what other folks have seen.
2. Does anyone have language they'd be willing to share re: one of the children buying out the other children?
Thanks in advance! Adrienne Keith Wills
--
Adrienne Keith Wills, Attorney/Mediator
Wills Law Firm Inc. | www.WillsLawFirm.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.willslawfirm.com%2F&data=04%7C01%7Cccorwin%40reedlongyearlaw.com%7Ce0c7757a5ed14522b21c08d982c735ee%7Cc42db07999e840ff9b106ba95e2918a6%7C0%7C1%7C637684614401028032%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=W1LpXquxc2opLDSUM1EyKmBTtSMrRM7AlfTexSq4mr0%3D&reserved=0>
Helping family law and estate planning clients
1700 Seventh Ave, Suite 2100 | Seattle, WA 98101
Tel. (206) 523-3047 | Fax (206) 219-6714
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Message: 3
Date: Tue, 19 Apr 2022 22:43:02 +0000
From: Brian Dano <bricyn at danolawfirm.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Helena, MT Commercial Real Estate Lawyer
Message-ID:
<MW4PR05MB8729C128CC186A009E2068FAD6F29 at MW4PR05MB8729.namprd05.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Greetings
Have a client in need of a commercial real estate lawyer in Helena, MT. Would appreciate recommendations. Thanks
Brian Dano
Lawyer
WSBA 4793
DANO
LAW
FIRM P.S.
PO BOX 1159
100 E BROADWAY AVE
MOSES LAKE. WA 98837
P 509.765.9285
F 509.766.0087
DANOLAWFIRM.COM
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Message: 4
Date: Wed, 20 Apr 2022 00:56:32 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Forms
Message-ID:
<MW2PR12MB23794314D00CD302830AB19AC8F59 at MW2PR12MB2379.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Here you go.
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 Bryce Dille
Sent: Tuesday, April 19, 2022 9:24 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Forms
Does anyone have any assignment of promissory note and deed of trust for security purposes forms I'd appreciate a copy thank you
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
[R_Alan_Swanson-WH-200]
** 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.
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Message: 5
Date: Wed, 20 Apr 2022 01:41:52 +0000
From: Leighann Hansing <hansinglegal at outlook.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Hybrid RP/Family Law issue
Message-ID:
<MWHPR07MB31346A13158BF9DEC319821ECBF59 at MWHPR07MB3134.namprd07.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Good evening list mates,
PC is getting divorced in another state (attorney there hasn't filed yet) and has earnest money on a house here. Spouse won't sign the paperwork to buy the house in WA. I'm not a transactional real estate attorney so I'm not super familiar with the work arounds, if any, for something like this. Any ideas? Anyone interested?
Leigh Ann Hansing
Attorney | Hansing Legal
direct: (425) 202-5922
leighann at hansinglegal.com<mailto:leighann at hansinglegal.com>
Mailing Address:
14201 SE Petrovitsky Rd.
Suite 3A, Box 169
Renton, WA 98058
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Message: 6
Date: Tue, 19 Apr 2022 19:04:45 -0700
From: Stephen Crane <scrane at cranedunham.com>
To: WSBA Real Property Listserv <WSBARP at lists.wsbarppt.com>
Subject: [WSBARP] Need to clear off of title an old (2006) DOT
securing Note paid off (in 2010)
Message-ID:
<CAJnecDpFRxJ-LVe8sQo+E16m7diqQ4Ub2H3XeoZsCQXbnLpkNQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Good afternoon,Real Property Listserve Members.
My client, before he came to me, started 4 months ago trying to get a refi
of a 2005 loan.
The preliminary title report (Chicago Title) shows a 2006 Deed of Trust
originally in favor of Decision One Mortgage for $88,000 with Transnation
Title as Trustee, and its subsequent assignment to Bank of America in 2010.
The client paid off the loan around 2012, but has no saved paperwork
showing it was paid off.
Bank of America told the client that it could not reconvey the DOT without
sign off or approval by the (former) loan servicer, "Ocwen". The client
has been unsuccessful in getting a positive response from Ocwen, because it
says that it can not find any records whatsoever that it ever serviced the
2006 loan for either Decision One Mortgage or Bank of America or anyone
else.
Meanwhile, the pending refi sits, as interest rates continue to go up.
Has anyone had experience with a similar DOT situation?
What is the best, a/k/a fastest, way to get the DOT removed by the title
company when the lender says it requires an ok from the servicing company
and the servicing company won't act because it can't find the file?
Who is a contact at Bank of America that might be able to make something
positive happen?
Thanks in advance, as always, for your thoughts and suggestions!
Steve Crane
*Stephen J. Crane*
*CRANE DUNHAM PLLC*
*3600 15th Ave West, Suite 200*
*Seattle, WA 98119 *
*phone: (206) 292-9090
<%28206%29%20292-9090> email: scrane at cranedunham.com
<scrane at cranedunham.com>*
*fax: (206) 292-9736 <%28206%29%20292-9736> web: www.cranedunham.com
<http://www.cranedunham.com/>*
*This e-mail may contain confidential information which is legally
privileged. The information is solely for the use of the addressee named
above. If you are not the intended recipient, any disclosure, copying,
distribution or other use of the contents of this information is strictly
prohibited. If you have received this e-mail in error, please notify us by
return e-mail and delete this message. Thank you.*
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Message: 7
Date: Wed, 20 Apr 2022 16:00:02 +0000
From: John McCrady <j.mccrady at pstitle.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Need to clear off of title an old (2006) DOT
securing Note paid off (in 2010)
Message-ID: <719f33589b1d418598455621f90e8f3a at PST-MAIL.pstitle.com>
Content-Type: text/plain; charset="utf-8"
It may not be feasible for your client to get any of those huge bureaucracies to assume any responsibility to get the deed of trust re-conveyed. Quiet title might be the only option to quickly resolve the issue and get the deed of trust removed from the record.
On the other hand, Chicago Title may be willing to accept proof of payment from the Title Company who insured and closed the loan that paid off the 2006 loan. We will often ?insure around? a deed of trust with proof of payment from the escrow that closed the transaction that paid off the deed of trust.
I would certainly contact that escrow company and insist they get busy procuring the re-conveyance, as it was their responsibility to get one.
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00
WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds. Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received. We are not responsible for any wire sent by you to an incorrect bank account.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Stephen Crane
Sent: Tuesday, April 19, 2022 7:05 PM
To: WSBA Real Property Listserv <WSBARP at lists.wsbarppt.com>
Subject: [WSBARP] Need to clear off of title an old (2006) DOT securing Note paid off (in 2010)
Good afternoon,Real Property Listserve Members.
My client, before he came to me, started 4 months ago trying to get a refi of a 2005 loan.
The preliminary title report (Chicago Title) shows a 2006 Deed of Trust originally in favor of Decision One Mortgage for $88,000 with Transnation Title as Trustee, and its subsequent assignment to Bank of America in 2010.
The client paid off the loan around 2012, but has no saved paperwork showing it was paid off.
Bank of America told the client that it could not reconvey the DOT without sign off or approval by the (former) loan servicer, "Ocwen". The client has been unsuccessful in getting a positive response from Ocwen, because it says that it can not find any records whatsoever that it ever serviced the 2006 loan for either Decision One Mortgage or Bank of America or anyone else.
Meanwhile, the pending refi sits, as interest rates continue to go up.
Has anyone had experience with a similar DOT situation?
What is the best, a/k/a fastest, way to get the DOT removed by the title company when the lender says it requires an ok from the servicing company and the servicing company won't act because it can't find the file?
Who is a contact at Bank of America that might be able to make something positive happen?
Thanks in advance, as always, for your thoughts and suggestions!
Steve Crane
Stephen J. Crane
CRANE DUNHAM PLLC
3600 15th Ave West, Suite 200
Seattle, WA 98119
phone: (206) 292-9090<tel:%28206%29%20292-9090> email: scrane at cranedunham.com<mailto:scrane at cranedunham.com>
fax: (206) 292-9736<tel:%28206%29%20292-9736> web: www.cranedunham.com<https://f.xdref.com/?id=23K2Cmra039955&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.cranedunham.com/>
This e-mail may contain confidential information which is legally privileged. The information is solely for the use of the addressee named above. If you are not the intended recipient, any disclosure, copying, distribution or other use of the contents of this information is strictly prohibited. If you have received this e-mail in error, please notify us by return e-mail and delete this message. Thank you.
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Message: 8
Date: Wed, 20 Apr 2022 16:03:07 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Forms
Message-ID:
<SJ0PR11MB48938AD374775D2C734516C5C8F59 at SJ0PR11MB4893.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Thank you
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
[R_Alan_Swanson-WH-200]
** 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 <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Tuesday, April 19, 2022 5:57 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Forms
Here you go.
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, April 19, 2022 9:24 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Forms
Does anyone have any assignment of promissory note and deed of trust for security purposes forms I'd appreciate a copy thank you
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
[R_Alan_Swanson-WH-200]
** 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.
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Message: 9
Date: Wed, 20 Apr 2022 16:15:47 +0000
From: Chris B <chrisb at firstavenuelaw.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Kauai
Message-ID: <4A7DBDA2-29C9-4274-B31F-BD005FAFB12F at firstavenuelaw.com>
Content-Type: text/plain; charset="us-ascii"
We have a potential client looking for a referral for Atty in Kauai for defense of a claim for failure to disclose in real estate sale.
Christopher T. Benis
Sent from my iPad
------------------------------
Message: 10
Date: Wed, 20 Apr 2022 09:25:06 -0700
From: Stephen Crane <scrane at cranedunham.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Need to clear off of title an old (2006) DOT
securing Note paid off (in 2010)
Message-ID:
<CAJnecDpQPof2CAPk5z0Xz01Va3i+f6UG4MaE5P7Tvrr+9HhB2Q at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Thank you for the suggestion, John!
*Stephen J. Crane*
*CRANE DUNHAM PLLC*
*3600 15th Ave West, Suite 200*
*Seattle, WA 98119 *
*phone: (206) 292-9090
<%28206%29%20292-9090> email: scrane at cranedunham.com
<scrane at cranedunham.com>*
*fax: (206) 292-9736 <%28206%29%20292-9736> web: www.cranedunham.com
<http://www.cranedunham.com/>*
*This e-mail may contain confidential information which is legally
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On Wed, Apr 20, 2022 at 9:03 AM John McCrady <j.mccrady at pstitle.com> wrote:
> It may not be feasible for your client to get any of those huge
> bureaucracies to assume any responsibility to get the deed of trust
> re-conveyed. Quiet title might be the only option to quickly resolve the
> issue and get the deed of trust removed from the record.
>
> On the other hand, Chicago Title may be willing to accept proof of payment
> from the Title Company who insured and closed the loan that paid off the
> 2006 loan. We will often ?insure around? a deed of trust with proof of
> payment from the escrow that closed the transaction that paid off the deed
> of trust.
>
> I would certainly contact that escrow company and insist they get busy
> procuring the re-conveyance, as it was their responsibility to get one.
>
>
>
> John McCrady
>
> Counsel
>
> Puget Sound Title Company
>
> 5350 Orchard Street West
>
> University Place WA 98467
>
> 253-476-5721
>
> j.mccrady at pstitle.com
>
>
>
>
>
>
>
> *Beginning July 26, 2021, recording fees for most documents recorded in
> Washington will increase by $100
> <https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->.
> Please be sure to collect recording fees accordingly. Due to the above
> increase, our Reconveyance fees will also be increased by $100.00*
>
>
>
> *WARNING-FRAUDULENT FUNDING INSTRUCTIONS *
>
> Email hacking and fraud are on the rise to fraudulently misdirect funds.
> Please call your escrow officer immediately using contact information found
> from an independent source, such as the sales contract or internet, to
> verify any funding instructions received. We are not responsible for any
> wire sent by you to an incorrect bank account.
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Stephen Crane
> *Sent:* Tuesday, April 19, 2022 7:05 PM
> *To:* WSBA Real Property Listserv <WSBARP at lists.wsbarppt.com>
> *Subject:* [WSBARP] Need to clear off of title an old (2006) DOT securing
> Note paid off (in 2010)
>
>
>
> Good afternoon,Real Property Listserve Members.
>
>
>
> My client, before he came to me, started 4 months ago trying to get a refi
> of a 2005 loan.
>
>
>
> The preliminary title report (Chicago Title) shows a 2006 Deed of Trust
> originally in favor of Decision One Mortgage for $88,000 with Transnation
> Title as Trustee, and its subsequent assignment to Bank of America in 2010.
>
> The client paid off the loan around 2012, but has no saved paperwork
> showing it was paid off.
>
>
>
> Bank of America told the client that it could not reconvey the DOT without
> sign off or approval by the (former) loan servicer, "Ocwen". The client
> has been unsuccessful in getting a positive response from Ocwen, because it
> says that it can not find any records whatsoever that it ever serviced the
> 2006 loan for either Decision One Mortgage or Bank of America or anyone
> else.
>
>
>
> Meanwhile, the pending refi sits, as interest rates continue to go up.
>
>
>
> Has anyone had experience with a similar DOT situation?
>
> What is the best, a/k/a fastest, way to get the DOT removed by the title
> company when the lender says it requires an ok from the servicing company
> and the servicing company won't act because it can't find the file?
>
> Who is a contact at Bank of America that might be able to make something
> positive happen?
>
>
>
> Thanks in advance, as always, for your thoughts and suggestions!
>
>
>
> Steve Crane
>
>
>
> *Stephen J. Crane*
>
> *CRANE DUNHAM PLLC*
>
> *3600 15th Ave West, Suite 200*
>
> *Seattle, WA 98119 *
>
> *phone: **(206) 292-9090 <%28206%29%20292-9090> **email: **scrane at cranedunham.com
> <scrane at cranedunham.com>*
>
> *fax: **(206) 292-9736 <%28206%29%20292-9736> **web: **www.cranedunham.com
> <https://f.xdref.com/?id=23K2Cmra039955&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.cranedunham.com/>*
>
> *This e-mail may contain confidential information which is legally
> privileged. The information is solely for the use of the addressee named
> above. If you are not the intended recipient, any disclosure, copying,
> distribution or other use of the contents of this information is strictly
> prohibited. If you have received this e-mail in error, please notify us by
> return e-mail and delete this message. Thank you.*
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
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> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 11
Date: Wed, 20 Apr 2022 16:41:28 +0000
From: Nicholas Pleasants <nick at pleasantslaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>,
"chrisb at firstavenuelaw.com" <chrisb at firstavenuelaw.com>
Cc: Mia Shiraishi <mia.shiraishi at gmail.com>
Subject: Re: [WSBARP] Kauai
Message-ID:
<MW4PR20MB429634AFEC1A36B82C3896F0A3F59 at MW4PR20MB4296.namprd20.prod.outlook.com>
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Mia Shiraishi in Lihue would be a good fit. She is a licensed broker and attorney handling real estate matters.
Mia Shiraishi, Esq.
Sherman Shiraishi, AAL, ALC
2403 Ulu Maika St.
Lihue, HI 96766
Telephone: (808) 245-3361
Fax: (808) 246-0486
mia.shiraishi at gmail.com
Best,
Nick
Nicholas Pleasants | Shareholder
Oseran Hahn P.S.
11225 SE 6th Street | Suite 100 |?Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com
CONFIDENTIALITY NOTE: This e-mail message contains information belonging to the law firm of Oseran Hahn, P.S., which may be privileged, confidential and/or protected from disclosure. The information is intended only for the use of the individual or entity named above. If you think that you have received this message in error, please e-mail the sender. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited.
-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Chris B
Sent: Wednesday, April 20, 2022 9:16 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Kauai
We have a potential client looking for a referral for Atty in Kauai for defense of a claim for failure to disclose in real estate sale.
Christopher T. Benis
Sent from my iPad
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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------------------------------
Message: 12
Date: Wed, 20 Apr 2022 18:07:00 +0000
From: "Rani K. Sampson" <rani at overcastlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] 2nd DOT invalid - After-acquired title?
Message-ID:
<BN6PR1401MB198642F6D4BF3CAA22C2C349D0F59 at BN6PR1401MB1986.namprd14.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Careful ? QCDs do not convey after-acquired title unless words expressing such intention are added to the deed. RCW 64.04.050.
Rani K. Sampson
[cid:image001.png at 01D854A6.C0A9D6D0]
23 S Wenatchee Ave #320
Wenatchee WA 98801
(509) 663-5588 x 108
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer
Sent: Wednesday, March 30, 2022 7:58 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] 2nd DOT invalid?
Thank you for that additional detail about the default. I had thought the only issue was priority.
Quit claim deeds pick up after-acquired title, but AFAIK, SWDs do not. Perhaps case law (or a statute) on deeds could be applied to DOTs. Of course it's really whatever the title company thinks
Kary L. Krismer
206 723-2148
On 3/29/2022 1:42 PM, Douglas Scott wrote:
I appreciate your thoughts. In clarification, the client seller had no knowledge of the 2nd DOT. Buyer defaulted in payments and said he'd Deed In Lieu the commercial property back to the client. But when the title was searched, the client found the $440,000 2nd DOT. Client would rather not foreclose. There was no language in the 2nd DOT about it being signed before the closing but filed thereafter.
DOUGLAS W. SCOTT
Rainier Legal Advocates|LLC
465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)
www.rainieradvocates.com<http://www.rainieradvocates.com/>
Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege
On Tue, Mar 29, 2022 at 12:46 PM David R. Ambrose <drambrose at ambroselaw.com<mailto:drambrose at ambroselaw.com>> wrote:
To the collective:
1. As to the direct question, I am not aware of any Washington law which would render the 2nd DOT invalid if executed before the grantor even held title to the subject property. There could certainly be language in the 2nd DOT and presumably some promissory note which provided that the 2nd DOT would be recorded on the subject property if and when the grantor acquired ownership of the subject property. And even if there wasn?t any such language, as the 2nd DOT wasn?t recorded until after the grantor/buyer acquired ownership of the subject property, it wasn?t a lien or cloud on title against the seller?s property. Query whether the beneficiary under the 2nd DOT understood what the terms of the purchase price would be and that there would be a 1st DOT in favor of the seller?
2. Doesn?t sound like there is a priority issue, assuming the facts as stated that the seller didn?t know of the executed 2nd DOT, and that it was recorded nine days after the closing (and presumably after recording of the 1st DOT. This would technically satisfy the race/notice provision of RCW 65.08.070, and it?s irrelevant from that standpoint as to when the 2nd DOT was executed. I think the more interesting question is what would have happened if the seller knew of the 2nd DOT before closing? At the time of execution, the grantor under the 2nd DOT had no interest in the subject property, and could not have validly recorded the 2nd DOT. So, does this knowledge kick in and put the 2nd DOT effectively in first position, if the seller went ahead and just closed and recorded the seller?s deed, followed immediately by the recording of the 1st DOT? Of course, if the seller had notice, presumably the seller would never have closed on the sale without addressing this issue.
Best,
David Ambrose
drambrose at ambroselaw.com<mailto:drambrose at ambroselaw.com>
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 Kary Krismer
Sent: Tuesday, March 29, 2022 11:49 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] 2nd DOT invalid?
Assuming no knowledge of the 2nd DOT, wouldn't client be a BFP and thus take clear of the 2nd DOT? If that's not the purpose of recording statutes, I don't know what is.
Did client have title insurance? If so, that would cover the DOT even if it recorded a couple of hours or days before the deed.
Kary L. Krismer
206 723-2148
On 3/29/2022 11:41 AM, Douglas Scott wrote:
Client sells property to buyer securing the substantial balance of the payments by a 1st DOT. Unknown to the client, 2 months before the sale, the buyer had signed a 2nd DOT which buyer then recorded 9 days after the sale closed. Would executing the 2nd DOT 2 months before the buyer even bought the property render the 2nd DOT invalid?
DOUGLAS W. SCOTT
Rainier Legal Advocates|LLC
465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)
www.rainieradvocates.com<http://www.rainieradvocates.com/>
Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege
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