[WSBARP] Erroneous Deed of Trust recorded on wrong property

[Ryan Castle]

My understanding is that 60.04 is for real estate construction liens
only, not deeds of trust for business loans from government lenders. But
please correct me if I am wrong.

On Fri, May 16, 2025 at 9:08 AM James R Ihnot <jri at jamesrihnot.com> wrote:

> 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.
>
>
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>
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>
> Jim
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>
> *PLEASE BE ADVISED THAT AS OF MARCH 1st, 2023 OUR OFFICE HAS MOVED.*
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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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-- 

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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