[WSBARP] Erroneous Deed of Trust recorded on wrong property

[Ryan Castle]

All,

I have a client who purchased a home in Skagit in February and is now
seeking refinancing due to a co-ownership dispute. But the refinancing has
been stalled due to a surprise DOT being recorded against the property in
April by the Small Business Administration. SBA liened the wrong property
of the prior owner (for a small business loan) and is now dragging its feet
in removing the DOT. Client is about to lose his locked-in refinance rate.
I want to remove the lien, but I don't see a statutory provision under DOT
statute RCW 61.24 with rules for removal of a frivolous/erroneous DOT. Nor
under RCW 60, except maybe 60.70 for a nonconsensual common law lien? All I
can think of is a slander of title claim, but that would be a longer
process. What am I missing? Any experience with this odd situation?

Thank you in advance for your help!

-- 

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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