[WSBARP] Amendment of a Deed of Trust

Mon Oct 7 11:51:31 PDT 2024

Be careful if considered a novation then priority is lost.

Cordially,

Nestor Gorfinkel, Attorney at Law
Licensed in Florida & Washington State
Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeanne Dawes
Sent: Monday, October 7, 2024 1:00 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Amendment of a Deed of Trust

I would not restate (i.e. replace and supersede)  as I believe you could loose your security position.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
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Spokane, WA 99207-2317
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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 Bryce Dille
Sent: Monday, October 07, 2024 9:44 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Amendment of a Deed of Trust

I just think you need to preface your amendment that it replaces and supersedes the previous speed of trust with it's recording number with the new legal description and it should pass muster however I would contact the local title company to verify that only the legal description in the amended deed of trust is subject to the deed of trust.

Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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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 Mark Anderson
Sent: Monday, October 7, 2024 9:36 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Amendment of a Deed of Trust

Parties want to amend an existing deed of trust to remove one of two parcels from the legal description.  At first I thought a partial reconveyance would suffice - one that would list only the parcel being released.  Lender wants the document to reflect the new legal description of the encumbered property - the parcel that remains subject to the deed of trust.  That leads me to believe that they want an amendment to the deed of trust (although they are not being really clear about this).  I suppose I could create something out of whole cloth, but the collective experience of this group should at least get me started in the right direction.

Could any of you provide an example of a document that amends a deed of trust?  Or some other document that would meet the lender's apparent intent here?

Thanks.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
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