[WSBARP] Erroneous DOT recorded...Remedy?

[Douglas Scott]

With the lender's approval, I would prepare an amended DOT which
cancels out the prior one and substitutes the new one which only has the
borrower's signature.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com


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On Wed, Jul 9, 2025 at 4:11 PM Craig Gourley <craig at glgmail.com> wrote:

> 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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