[WSBARP] Erroneous DOT recorded...Remedy?

Mon Jul 14 15:39:17 PDT 2025

I am not sure whether this residential property is the homestead of the owners, but if it is homestead property I would want the wife to execute the deed of trust to signify her consent to the encumbrance of her homestead.
In addition, I would be concerned about RCW 26.13.030

RCW 26.16.030<http://app.leg.wa.gov/RCW/default.aspx?cite=26.16.030>
Community property defined—Management and control.

…………………………………………………………………………………………………………………………………
(6) Neither person shall acquire, purchase, sell, convey, or encumber the assets, including real estate, or the good will of a business where both spouses or both domestic partners participate in its management without the consent of the other: PROVIDED, That where only one spouse or one domestic partner participates in such management the participating spouse or participating domestic partner may, in the ordinary course of such business, acquire, purchase, sell, convey or encumber the assets, including real estate, or the good will of the business without the consent of the nonparticipating spouse or nonparticipating domestic partner.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Scott
Sent: Monday, July 14, 2025 11:08 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Erroneous DOT recorded...Remedy?

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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)

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On Wed, Jul 9, 2025 at 4:11 PM Craig Gourley <craig at glgmail.com<mailto: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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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/<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fryancastlelawfirm.com%2f&c=E,1,PoX9VDjPtncfrXHCdgIaxRkm8C-5-Z5QA5TIlApk_sCObMiVgIzqYezS5bhY7ZfBnmirTtvx-raZRrv2OGpn5l5FxVcUptlkCNn_hDQ5DV6oc9NLpdam4XS1LCGq&typo=1>

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