[WSBARP] Erroneous Deed of Trust recorded on wrong property

[Douglas Scott]

I am under the same impression as Ryan.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
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On Fri, May 16, 2025 at 9:19 AM Ryan Castle <ryan at ryancastlelawfirm.com>
wrote:

> 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.
>>
>>
>>
>>
>>
>>
>>
>> Jim
>>
>>
>>
>> *PLEASE BE ADVISED THAT AS OF MARCH 1st, 2023 OUR OFFICE HAS MOVED.*
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>>
>>
>>   James R. Ihnot, P.S.
>>
>>   Attorney at Law
>>
>>   13810 231st Lane NE
>>
>>   Redmond, WA 98053
>>
>>   C-(425)922-9040
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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/
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
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> WSBARP at lists.wsbarppt.com
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