[WSBARP] Erroneous Deed of Trust recorded on wrong property

Fri May 16 10:53:46 PDT 2025

Although that RCW may not apply almost all DOTs have attorneys fees clauses in them which a court would read as applying to all parties and not just lender, so why not claim fees under the DOT directly?

Also why not consider threatening RCW 9.38.020 if it is not promptly removed, since they will have notice of it and continuing  failure to promptly remove it from title against wrong property will be viewed as intentional and malicious; you would point out that it is a criminal cloud on title once they are on notice and fail to promptly remove, and indicate you will file criminal complaint thereunder, including seeking restitution for legal fees and any damages incurred.  I am interested in whether this works.

sent on iphone, apologies for typos!

Kathleen J. Hopkins (retired)
Real Property Law Group, PLLC
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On May 16, 2025, at 9:37 AM, Douglas Scott <doug at rainieradvocates.com> wrote:

I am under the same impression as Ryan.

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On Fri, May 16, 2025 at 9:19 AM Ryan Castle <ryan at ryancastlelawfirm.com<mailto: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<mailto: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

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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
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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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