[WSBARP] Erroneous Deed of Trust recorded on wrong property

[James R Ihnot]

See RCW 60.04.081. When I tell the lien claimant that I will be seeking attorney fees the liens have always been released. 

Show cause procedure is much faster. 

 

 

 

Jim

 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Ryan Castle
Sent: Friday, May 16, 2025 8:05 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] Erroneous Deed of Trust recorded on wrong property

 

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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