[WSBARP] encumbering a partial interest.

[Jimmy Garg]

Chucklehead is allowed to burden his own interest, unless the lender claims he was acting as an agent on behalf of everyone, but then RCW 5.60.030 could come into play, since chucklehead died.  One thing to be careful about is if the remaining do probate stating the deceased's share should go to them, instead of deceased's heirs.

Jimmy Garg, Esq.
Jimmy Garg, PLLC
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Seattle, WA 98121
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Friday, July 7, 2023 1:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] encumbering a partial interest.

You are correct: Chucklehead only burdened his own interest in the property. If all four names are on title, I don't see any viable theory that would allow C's signature on a deed of trust to also encumber the other three owners' interests.

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 Craig Gourley
Sent: Friday, July 7, 2023 12:50 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<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
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