[WSBARP] What do Title companies want?

[Joseph McIntosh]

A superior court has jurisdiction over real property sufficient to eliminate interests, including deeds of trusts that are not legally enforceable.   The ability of courts to eliminate deeds is corroborated by a number of statutes, as well.

Ordering a third party trustee to reconvey, IMO, poses all types of unnecessary issues and complications, such as, jurisdiction over the trustee, ability to order that type of injunctive relief, whether the trustee will comply (by statute, the trustee only reconveys upon instruction of the lender or satisfaction of the secured obligation).

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jeanne Dawes
Sent: Tuesday, January 18, 2022 1:16 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] What do Title companies want?

Hmm, I’m wondering if the Order should contain a direction to the Trustee to reconvey the encumbrance.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Sullivan, Brett
Sent: Tuesday, January 18, 2022 12:30 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] What do Title companies want?

Doug-

Was the deed of trust not validly created? If so, you'll likely want to include a reference to the effect that the referenced deed of trust is "void ab initio."

Brett T. Sullivan
Attorney at Law

Lucent Law, PLLC<https://lucentlaw.com>
South Hill Office
1403 S. Grand Blvd., Suite 201-S
Spokane, WA  99203-2278

P: (509) 455-3713
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On Tue, Jan 18, 2022 at 12:15 PM Douglas Scott <doug at rainieradvocates.com<mailto:doug at rainieradvocates.com>> wrote:
I am looking for language to insert into a court order which voids, invalidates and releases a currently recorded Deed of Trust. Are those words sufficient or would a title company prefer something in addition?

DOUGLAS W. SCOTT
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



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