[WSBARP] Amendment of a Deed of Trust
Shaun Watchie Perry
shaunwperry at swp-law.com
Mon Oct 7 12:17:18 PDT 2024
Mark, You can purchase a date down endorsement from title company if you
do an amended deed of trust that will insure the amendment back to
original priority date. Talk to the title officer/company that
originally insured and see about the cost of obtaining such an
endorsement. They are not that expensive and well worth the peace of
mind. I usually run my amendment past them, and have them specifically
reference the amendment in the endorsement so there is no question.
Shaun
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On 2024-10-07 11:51 am, Nestor Gorfinkel wrote:
> 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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> 103 E. Indiana Avenue, Suite A
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> Spokane, WA 99207-2317
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> From: wsbarp-bounces at lists.wsbarppt.com
> <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>
> 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
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> From: wsbarp-bounces at lists.wsbarppt.com
> <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>
> 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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