[WSBARP] King County / West Side Litigation Counsel - Claim Against Title Company

samuel at meylerlegal.com samuel at meylerlegal.com
Mon Aug 22 13:43:43 PDT 2022


Robert,

 

The claim against the title company by the lender is interesting to me.  Does the lender have a claim against the title company?  Isn’t the lender’s deed of trust still in place and effective if it was properly recorded and hasn’t been paid off?  Shouldn’t the lender foreclose and the arm’s length-buyer of the property tender a claim on their homeowners title insurance policy for missing the deed of trust?  

 

Sam

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rob Rowley
Sent: Monday, August 22, 2022 1:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] King County / West Side Litigation Counsel - Claim Against Title Company

 

I need to refer a good Spokane private lender client to west side litigation counsel.  I have been working with them on a claim against the title company.

 

Private lender's deed of trust was recorded in King County six weeks prior to a residential sale closing by a large national title company who both issued title and closed the sale of the residential property to a new arms length third-party.  Completely missed the deed of trust.

 

Claims underwriter says no liability.

 

Self referrals are welcome.

 

I am of a certain age where remember title companies would actually accept coverage and write checks when they clearly missed something that is recorded.  Just the ever episodic expansion and contraction of title company underwriters writing checks.

 

Robert R. Rowley

Attorney & Counselor At Law

p: 509.252.5074  m: 509.994.1143

f: 509.928.3084

a: 7 S Howard St, Ste 218, Spokane, WA 99201

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