[WSBARP] Cloud on Title

[Paul Neumiller]

Mr. Bickle, I have performed many different searches and can't find a criminal action for slander of title.  Where is it?


[cid:image001.jpg at 01DA40AE.1560E610]

IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.


From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dwight Bickel
Sent: Sunday, December 31, 2023 11:21 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Cloud on Title

The Lis Pendens statute<https://apps.leg.wa.gov/RCW/default.aspx?cite=4.28.328> is often forgotten when the recorded document is not a Lis Pendens. However, the statute also applies to any other document that clouds title. That could be an easier basis to obtain judicial relief and attorney's fees.

If the proof establishes the malicious element for slander of title, it probably also satisfies the intent necessary for the criminal code as a gross misdemeanor. I've never seen that enforced, but haven't been afraid to remind people about it when urging for voluntary removal of an improperly-recorded document that appears intended to cloud title and blackmail an owner into paying or giving up something to enable a timely sale or refinance.

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at dwightbickel.com<mailto:Dwight at dwightbickel.com>
http://dwightbickel.com
206-484-1976

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.

[cid:image001.jpg at 01DA40AE.1560E610]


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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=p9vJsp0aoiE7RjUE9pW-_Qg_OI-6qMHlnZdfSllgAtM&m=Ev_BjNFC3zEPdX917kDp1kNpSQD_zI7aLvSnVfUIVRAyXm-FqczA12gIJ7byD7IY&s=VDtG2UQFSCHH9PW30N9Z53Z8q_CQlfe7JP5zW0x-YdY&e=>
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.


[cid:image001.jpg at 01DA40AE.1560E610]


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20240106/d84952cf/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20240106/d84952cf/image001.jpg>