[WSBARP] Title Issue

Wed May 21 12:10:13 PDT 2025

I second (or third) this response.  QT is your next option.  The timeline depends on a variety of factors including the jurisdiction (case load and whether they allow electronic filing), the time you need to prepare the necessary documents, and service of process.  You would likely need to file a Summons and Complaint with a Motion to Serve via Publication.  Assuming the motion is granted, you’ll need to arrange for publication.  Each publication has its own cutoff requirements.  Once 60 days have passed, assuming no answer is filed, you may move for an order of default and default judgment, obtain a certified copy of the judgment, and record it in the county in which the property is located.  If you can prepare documents quickly, are filing in a jurisdiction with electronic filing and prompt turnaround for ex parte orders, and are recording in a county that allows for electronic recording, you can probably accomplish this in 90 days.  To be safe, I would quote 90-120 days.  Better to overdeliver.  😊

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Bryce Dille <Bryce at dillelaw.com>
Date: Wednesday, May 21, 2025 at 11:39 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Title Issue
You usually have to publish to get service on the holder of the deed of trust unless they are still in business and you can get personal service on the entity but if you have to publish then you're looking at a minimum of 60 days so with that in mind I would think quiet title action from beginning to end would probably take 90 days

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jan Kelly
Sent: Wednesday, May 21, 2025 11:32 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Title Issue

Thanks, Jim.  Can you tell me how long a quiet title action takes?

Jan Kelly, JD, MBA
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JK Law
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of James R Ihnot
Sent: Wednesday, May 21, 2025 10:59 AM
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Subject: Re: [WSBARP] Title Issue

Yes, a quiet title action is your next action. If you can get a hold of any one authorized to act for the Beneficiary (winding up the business), you can likely get them to sign a reconveyance and then you can substitute yourself for the Trustee and reconvey if you are persuaded the Note has been paid.

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] On Behalf Of Jan Kelly
Sent: Wednesday, May 21, 2025 10:44 AM
To: solo-and-small-practice-section at list.wsba.org<mailto:solo-and-small-practice-section at list.wsba.org>; wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Title Issue

Good morning,

PC making offer on a house, but there are 2 Deeds of Trust from 2005 and no reconveyances recorded. I have seen this many times, and was able to contact a lender to have a reconveyance recorded. Here, the trustee is out of business (as of 2008). The Deeds of Trust do not indicate a maturity date. The title company said they will remove them from the title report, and said it will not be an issue for resale if they use the same title company (assuming the company is in business).

PC wants to know what the process would be to remove the liens permanently.  First option is to track down the parties to the liens, but if that fails, is a quiet title action the next option? This is a little out of my area.  Does anyone have advice? Thank you 😊

Jan Kelly, JD, MBA
Attorney at Law
JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733
Licensed in Nevada and Washington.

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