[WSBARP] Erroneous DOT recorded...Remedy?

[Craig Gourley]

Did both sign the DOT?   If your client did not sign the DOT then I don’t see how it can encumber their interest in the property.  If their name only appears in the DOT as a Grantor but no signature then it creates confusion but I still don’t see their interest being impaired.  If they signed the DOT then they have granted an interest, correct or not.  I am not sure there is anything you can do unilaterally to remove the name.   I would threaten a slander of title action and maybe that will motivate them.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Ryan Castle
Sent: Wednesday, July 9, 2025 4:03 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Erroneous DOT recorded...Remedy?

Folks,

New one for me. Title company recorded a deed of trust on residential property up in Whatcom, listing both owners as debtors/borrowers to the institutional mortgage lender. However, the promissory note with the lender only contracts with one of the owners as the borrower debtor. Both title company and lender admit error was made but are pointing the finger at each other to fix the error by recording a new corrected amendment or DOT. I want to fix the error myself since no one is doing anything. What do I need to record? A supplemental to the DOT just listing my client as borrower? Who needs to sign that supplement?

Any thoughts are much appreciated. This error is holding up a co-ownership dispute settlement between the two owners.

--

Ryan Castle
Castle Law Firm, PLLC
Managing Attorney
T: 360-592-3504
1313 E. Maple St., Suite 790
Bellingham, WA 98225
https://ryancastlelawfirm.com/


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