[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
> 
> ---
> 
> _PLEASE NOTE THAT EFFECTIVE SEPTEMBER 1, 2022, I HAVE MOVED MY OFFICE  
> AND CAN BE REACHED AT THE FOLLOWING NEW ADDRESS:_
> 
> _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: 
> shaunwperry at swp-law.com | __Web Page: www.swp-law.com [3]_
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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.
>> 
>> 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
>> 
>> 1800 Cooper Point Road SW Bldg 11
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>> Olympia, WA 98502
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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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