[WSBARP] Managing ICE risk

[Mark McClure]

Use a Trust to hold title with the daughter as backup trustee or co-trustee.



*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

Office:  253.631.6484 (Leave Msg - Will be returned within 24 hours)
Email: Mark at McClureLawGroup.com
Web: www.McClureLawGroup.com <http://www.mcclurelawgroup.com/>

*Notice of Unavailability:*  *TBD*

***NOTE** All visits must be scheduled in advance for access to the
building.  Call *253-631-6484 * to schedule.*

*CONFIDENTIALITY NOTICE:* This email contains legal stuff. If you are not
the intended recipient you could get into a lot of trouble if you read it,
and even more trouble if you tell someone else about it. So, the best thing
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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Erik Marks
*Sent:* Wednesday, February 4, 2026 3:27 PM
*To:* wsbarp at lists.wsbarppt.com
*Subject:* [WSBARP] Managing ICE risk



Listmates, a question of the times came up yesterday.  Client wants to sell
her multifamily property to an undocumented immigrant, and take back a Note
and DOT.  Her question to me was how to mitigate risk if the buyer is
apprehended by ICE and incarcerated/deported/disappeared such that he can
no longer manage the property and pay the mortgage.  In this instance, the
client and the buyer would both like the property to transfer to the
buyer’s daughter under those circumstances.

So…how about the buyer signs a Quitclaim Deed to his daughter concurrently
with signing the DOT, along with an excise tax affidavit and a letter to my
client that documents she is holding the QC deed, that she is authorized
and directed to deliver it to the daughter under certain circumstances, and
must return it to the buyer upon demand.  Then my client holds the
unrecorded QC Deed in a safe deposit box and pulls it out and delivers it
to the daughter for recording if the buyer were to encounter circumstances
that precluded him from continuing to manage the property.

(Of course the daughter could initially manage the property and pay the
mortgage as agent for her father.  So the deed is to cover the circumstance
that he cannot be located or communicated with for an extended period of
time.)

Thoughts?



--

*Erik G Marks*

*Attorney at Law*
PO Box 2123

Vashon, WA 98070


(206) 612-8653
*erik at egmrealestate.com <erik at egmrealestate.com>*

Physical Office (no mail or package delivery):
17530 Vashon Hwy SW
Vashon, WA
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