[WSBARP] What do Title companies want?

[Robert McDonald]

Jeanne, Doug:

I see this issue a lot as to request for reconveyance for a DOT once the debt has satisfied. The issues that Trustees have is in practice the loan servicers for the beneficiaries will use an in-house title company to process the reconveyance post reconciliation of the debt.

The proper statute to apply is below, which directs the release of the DOT to the County Auditor.

RCW 61.16.030<http://app.leg.wa.gov/RCW/default.aspx?cite=61.16.030>
Failure to acknowledge satisfaction of mortgage—Damages—Order.
If the mortgagee fails to acknowledge satisfaction of the mortgage as provided in RCW 61.16.020<http://app.leg.wa.gov/RCW/default.aspx?cite=61.16.020> sixty days from the date of such request or demand, the mortgagee shall forfeit and pay to the mortgagor damages and a reasonable attorneys' fee, to be recovered in any court having competent jurisdiction, and said court, when convinced that said mortgage has been fully satisfied, shall issue an order in writing, directing the auditor to immediately record the order.
[ 1999 c 233 § 8<http://lawfilesext.leg.wa.gov/biennium/1999-00/Pdf/Bills/Session%20Laws/House/1647-S.SL.pdf?cite=1999%20c%20233%20§%208>; 1995 c 62 § 15<http://lawfilesext.leg.wa.gov/biennium/1995-96/Pdf/Bills/Session%20Laws/House/1086.SL.pdf?cite=1995%20c%2062%20§%2015>; 1984 c 14 § 1<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c14.pdf?cite=1984%20c%2014%20§%201>; 1886 p 117 § 2<http://leg.wa.gov/CodeReviser/Pages/session_laws.aspx?cite=1886%20p%20117%20§%202>; RRS § 10615.]

Robert W. McDonald |  General Counsel
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From: wsbarp-bounces at lists.wsbarppt.com <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.
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Spokane, WA 99207-2317
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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

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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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