[WSBARP] Cloud on Title

[Mark Anderson]

And so none of you have to look it up, here are the elements per Rorvig v. Douglas, 123 Wn.2d 854, 873 P.2d 492 (Wash. 1994):

Slander of title is defined as: (1) false words; (2) maliciously published; (3) with reference to some pending sale or purchase of property; (4) which go to defeat plaintiff's title; and (5) result in plaintiff's pecuniary loss.  Pay 'N Save Corp. v. Eads, 53 Wash.App. 443, 448, 767 P.2d 592 (1989) (citing Brown v. Safeway Stores, Inc., 94 Wash.2d 359, 375, 617 P.2d 704 (1980)).

I would expect that the second element (malice) would be the most challenging to prove.

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 Eric Nelsen
Sent: 12/29/2023 12:07 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Cloud on Title

I've reviewed it several times but never had the right facts to bring one. My memory is that meeting the elements is harder than it looks at first glance.

I ran across it on the issue of (improper) attorney fee liens also-see Ross v. Scannell, 97 Wn.2d 598, 602-603, 607-608, 647 P.2d 1004 (1982).

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.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 Paul Neumiller
Sent: Friday, December 29, 2023 11:50 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Cloud on Title

I came upon something called Slander of Title that allows attorney fees.  Has anyone used this before?  The main case appears to be Rorvig v. Douglas, 123 Wn.2d 854.  There aren't many cases on this tort.

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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 Mark Anderson
Sent: Thursday, December 28, 2023 3:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Cloud on Title

The "Notice" seems analogous to a nonconsensual lien on title and subject to removal under RCW 60.70.060.  Unfortunately, that RCW does not really help you here except to the extent that it provides sort of an outline as to how to go about clearing this up.

Did any of the orders entered in prior litigation give authority to anyone to act as trustee to execute any deeds that were necessary to give effect to the decisions?  If not, in my view, the most appropriate course of action would be to initiate a quiet title action.

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 Paul Neumiller
Sent: 12/27/2023 4:41 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Cloud on Title

Listmates,  parents sell residence to daughter with a reversionary interest if daughter dies before parent's loan paid in full.  Daughter dies before loan paid in full and husband (whom parents absolutely despise) probates daughter's estate.  Parties go to lengthy and acrimonious TEDRA arbitration regarding effectiveness of reversionary interest.  Arbitrator says husband has to pay off the balance of the loan (which he does) and says reversionary interest fully null and void and daughter's estate gets the residence.  The probate was closed three years ago.  Now, three years later, parents record a "Notice of Interest in Ownership and Title" claiming parents own the residence due to the reversionary interest and claim they own the residence because the daughter's estate never owned the residence because the reversion clause in the purchase agreement was self-executing so the TEDRA action was illegal.  The parents are quite elderly and the "Notice" contains much nonsensical and bewildering language that I associate with constitutionalists.

So, what to do?  Should husband re-open the probate and bring a TEDRA action to enforce the terms of the arbitration and ask for a deed clearing title?  Should husband bring a quiet title action and summary judgement motion citing the arbitration decision?  Some other action?  Can husband get attorney fees in any of this.


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