[WSBARP] encumbering a partial interest.

[Craig Gourley]

Listmates,  I think I know the common sense answer to this question but I have little faith that common sense applies to most legal matters.    Facts-  4 people own a home together.  Their names are all on the title with no indication of percentage or characterization ( JT or TIC or ?).  One chucklehead goes and gets a loan without the knowledge or consent of the other 3 and gives a DOT against the property.   Chucklehead then dies and loan goes into default.  Lender is now foreclosing.  The question is this.  Did Chucklehead only encumber an undivided 25% intertest or is there some legal theory that he was able to unilaterally grant a security interest in the entire property to the lender?  Thanks much to anyone still in the office on a sunny Friday.

GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092

CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies.


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230707/9f01aa72/attachment.html>