[WSBARP] Amendment of a Deed of Trust
Shaun Watchie Perry
shaunwperry at swp-law.com
Mon Oct 7 12:21:47 PDT 2024
Mark, I just saw that you don't represent the lender. If this a family
or friend/acquaintance deal, I would recommend that your client suggest
the lender do this. Whether the lender does it, is up to the lender.
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On 2024-10-07 12:17 pm, Shaun Watchie Perry wrote:
> 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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> _PLEASE NOTE THAT EFFECTIVE SEPTEMBER 1, 2022, I HAVE MOVED MY OFFICE
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>
> _LAW OFFICE OF SHAUN WATCHIE PERRY_
> _PO BOX 348_
> _GRAPEVIEW, WA 98546-0348_
>
> _(TELEPHONE, FAX, EMAIL, and WEB PAGE remain the same):_
>
> _Tel +206.729.7442 | Fax + 206.260.1411 [2] | Email:
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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
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>> Gore & Grewe, P.S.
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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
>> +1 253-327-1751 (fax)
>> marka at mbaesq.com
>> www.mbaesq.com [1]
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