[WSBARP] Clearing title question

[Claudia A Gowan]

Colleagues, I need help getting clear on how best to handle the following.

I represent the estate of decedent Son.

Son's Mother died 11 months before Son.

Son had borrowed money from Mother to help buy his house.

Son's house will now be sold.

A second deed of trust for the benefit of Mother is recorded with the county. (Mother's subordination agreement to primary lender is also recorded.)

Son did not pay Mother back.

Mother's Florida trust/estate does not include an original note. The trust has been terminated and funds distributed.

No reconveyance to Son was signed or delivered.

I keep ruminating about:

How do we handle the second deed of trust so Son's PR can transfer clear title on sale of Son's home when the original note is lost and there is no reconveyance of record?

There are no other major issues. Mother's trust estate and Son's probate estate had/have the same beneficiaries. Everyone is on the same page. We just need to transfer clear title. I am sure this will come up when the title company proceeds with issuing title insurance.

Any guidance is appreciated.

Many thanks, Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
2212 Queen Anne Avenue No., # 338 (Mailing only)
Seattle, WA 98109
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

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


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