Failure to Reconvey: Quiet Title Without a Quiet Title Action

What do you do when a seller fails to reconvey the title to property following payment of the loan, then dies? Failure to reconvey puts a cloud on the title that must be quieted. However, a quiet title action can be a drawn out and expensive matter. Is there a way to obtain a quiet title without a quiet title action? Failure to Reconvey Recently, a client called in a panic on a Friday afternoon. She was selling her home and it was closing day of her sale. The former owner had failed to reconvey the property and then died. The old title company’s solution to the failure to reconvey fell through. The new title company had just informed my client that they would not issue a title insurance policy without a hold-back of hundreds of thousands of dollars. They also said that she needed a quiet title, that this would require a quiet title action, which would take six to nine months, and the costs would be her responsibility. However, the sale could not close without the title insurance policy. My client obtained an extension of the closing date, granted the buyers a rental agreement at no cost to them while she worked to enable the sale to close. However, she was frustrated, angry, and afraid she was about to have no house, no money, months of litigation she could ill afford, and all the liability of having renters with no money for the rent. My client had purchased the home with seller financing nineteen years earlier on a five year Note backed by a Deed of Trust....

Mental Health Advance Directives Enhance Estate Planning

When Should You Prepare Your Estate Plan? The basic rule is that it is never to early to begin an estate plan and certain events, such as marriage, the birth of a child, divorce, or death may require a plan to be updated. Estate planning, however, is something that many people want to avoid thinking about. In fact, many people put it off until something startles them into action. That something might be a birthday, the birth of a child, the realization of the size of an estate, a stroke, a serious illness or injury, or even the first inklings that a spouse or loved one is in the early stages of dementia. In some cases, there may be urgency to make plans while the person has the capacity to make choices and convey his or her wishes. Estate planning in these cases is likely to include much more than a simple will. The person may also need to make significant financial and medical plans to prepare for future medical and mental health needs. Individuals who are experiencing the effects from a stroke, traumatic brain injury, or the onset of dementia, and those who believe they are at a higher risk for brain injury or dementia may want to include the preparation of a Mental Health Advance Directive in their estate planning process.  Mental Health Advance Directives can provide dignity for the person and comfort for the person’s family who knows how to respond to a difficult situation. What is a Mental Health Advance Directive? In 2003, Washington enacted its Mental Health Advance Directive law. A Mental Health Advance Directive is...

Minors do not receive “notice” unless guardian appointed

Anderson v. Dussault    Sep. 4, 2014 – 89788-3 – Washington Supreme Court Decision: 140904-Anderson-v-Dussault Beneficiary challenged expenditures in the trust within three years after she reached the age of 18. The court dismissed the case on summary judgment. Division Two affirmed in a published decision. Anderson v. Dussault, 177 Wn. App. 79, 310 P.3d 854 (2013). The court reasoned that the beneficiary’s claims were barred by RCW 11.106.080, a provision of the TAA that makes court approval of an accounting final and binding on all parties, even incompetent beneficiaries. Because the superior court had approved all the accountings and the beneficiary had not appealed those approvals, she could not now pursue breach of trust claims based on conduct disclosed in those accountings. Division Two also ordered Rachel to pay . . . attorney’s fees, citing RCW 11.96A.150. The Supreme Court reversed holding TEDRA’s three-year statute of limitations is tolled for minors without guardians. Share...