[WSBARP] Removal of ex-spouse from Deed of Trust

[John McCrady]

I agree; I would prepare a single document that amends both the promissory note and the deed of trust.  It would be executed by all parties, but  I don’t think the document needs to be recorded.


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

Beginning January 1, 2024, recording fees for most documents recorded in Washington will increase by $100.
Recording fees will be $303.50 for the first page, plus $1 for each additional page
Deed of Trust will be $304.50 for the first page, plus $1 for each additional page
2024 Recording Fee Schedule<https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.piercecountywa.gov%2FDocumentCenter%2FView%2F130967%2Frecordingfeeschedule20240101%3FbidId%3D&wdOrigin=BROWSELINK>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Tuesday, February 27, 2024 10:37 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Removal of ex-spouse from Deed of Trust

What if you just amend the note to affirmatively release the friend?  The note would still be secured by the deed of trust, which would still give the seller the desired interest in the property.

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/>
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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 David Faber
Sent: Monday, February 26, 2024 10:57 AM
To: wsbarp <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Removal of ex-spouse from Deed of Trust

I'm helping a friend out with a breakup. Everyone is amicable, including the people holding the promissory note & deed of trust (seller carried the note). I'm trying to find the lowest impact way to get the friend released from the promissory note & deed of trust. My initial research looked like we'd have to do a full reconveyance and record a new deed of trust with just the remaining debtor, but would just a partial reconveyance to the person getting out of the property successfully eliminate them as a debtor without creating additional complications? This is a pro bono transaction and nobody has an extra $300+ to pay for another recording fee, so cost is a primary factor in me trying to find the lowest-impact approach.

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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