Legal Question in Real Estate Law in Washington
Encumbrance of Real Property by one of multiple owners
Five siblings own a piece of property in Washington State. One sibling encumbered the property by taking out a loan in 1994 with Jefferson County for septic system repairs which was secured by the property. None of the other four owners signed the note and deed of trust, yet the property was used to secure the loan and it does show up as a blemish on the title. Now the loaning agency will not give any of the other siblings any information regarding the loan since none of them are on the note and deed of trust. Is this a valid transaction and what are the possible remedies for the other 4 siblings? Thank you!
1 Answer from Attorneys
Re: Encumbrance of Real Property by one of multiple owners
What matters is what is on the deed. If the deed says you and your sibs are owners, it doesn't matter what is on the deed of trust or note. You can talk to the recorder and get a copy of the deed to send to the lender with your letter demanding information as an owner of record. The lender has a duty to determine who the owners of the property are and to ensure that each owner is given notice of anything affecting the title.
You would do well to contact an attorney who practices real property law in the County where your property is located and set up a consultation.
Hope this helps. Elizabeth Powell
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