[WSBARP] encumbering a partial interest.

[Catherine Clark]

“Common sense is not a bad precedent.” State v. Hornaday, 105 Wn.2d 120, 132, 713 P.2d 71 (1978) (J. Brachtenbach dissenting).

Look at Logan v. Brooks, 60 Wn. App. 777 (1991) addressing a prejudgment writ of attachment and subsequent judgment lien against proportional share held by co-tenant.

This is a cotenancy seems to me absent some express agreement that it is JTROS.

Catherine “Cat” Clark
Law Office of Catherine C. Clark PLLC
110 Prefontaine Place South, Ste. 304
Seattle, WA 98104
Phone: (206) 838-2528
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Email: cat at loccc.com<mailto:cat at loccc.com>

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From: Craig Gourley<mailto:craig at glgmail.com>
Sent: Friday, July 7, 2023 12:55 PM
To: WSBA Real Property Listserv<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] encumbering a partial interest.

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

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