[WSBARP] Note & Deed of Trust Questions

[Mark Anderson]

Thanks to Craig and Teena for getting back to me on this.  Beyond the specific recommendations, the general sense I get is that this needs to be thoroughly "papered" to protect the Seller.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 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>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Teena Williams
Sent: Wednesday, December 10, 2025 12:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Note & Deed of Trust Questions

I would do an allonge to the Note adding the LLC and a personal guarantee as the member of the LLC. You can then reference the original DOT in the allonge as being subject to the same underlying obligation and allonge/assignment changes nothing re security in property.
Regards,
Teena Williams
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1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 877.606.3656 |  www.jaglaw.net<http://www.jaglaw.net/>
Teena at jaglaw.net<mailto:Teena at jaglaw.net>
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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: Wednesday, December 10, 2025 12:39 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Note & Deed of Trust Questions

Dear All:
Purchaser (and individual) on a Seller-financed piece of property wants to transfer title to the property into Purchaser's single member LLC.  I represent Seller.  The parties want to allow this to happen, but I want to make sure that Seller is protected.  Here are some questions I'm considering:
Can the LLC be added on as a Maker to the Note by an amendment?  Or should there be a new Note?
Can the LLC be added on as a Grantor under the Deed of Trust by an amendment?  I do not want to have the LLC just execute and record a new Deed of Trust because I do not want the Deed of Trust to lose any priority.
Thanks in advance for any thoughts you might have on this process.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 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<http://www.mbaesq.com/>
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.

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