Legal Question in Real Estate Law in Washington

Real Estate

I own a flag lot and want to buy the property (3 acres) that just went up for sale on the front, side and back of me. After aquiring ownership I want to perform a lot line adjustment and incorporate a 1/4 section to the front and back--into my existing seperate lot. This will triple my present lot size. I will then improve the other lot and probably sell it--or build on it. I am told by the county that no noification form has to be signed off on by the bank that loans me the money for the lot purchase. I find that hard to believe, but I explained to them what my plan was and they said--''nope--the lenders told us they do not want to get involved in the lot line adjustment process.'' I still find it hard to believe. Absolutely nothing underhanded is planned, but if this is true I could get the mortgage and ownership, do lot line adjustment, sell present (tripled in size) home and lot, default on other lot loan--and let them repo it. I don't want to ask the bank since I do want to do the lot line, sell existing house (which will have greatly increased in size and value) and possibly build on the remaining 2-1/2 acres. I don't want to raise a red flag. I still think there must be some clause in the bank mortgage that would prevent me.


Asked on 11/18/07, 12:45 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Real Estate

The deed and the mortgage would not merge as a result of your proposed lot line adjustment, even if the property lines would vanish. You'd still be obligated to pay the mortgage for the smaller, interior lot and the mortgage on the larger, surrounding property.

They'd foreclose on the entire property, not just the smaller portion of it.

I don't think you are going to be able to own the property and default on the older, smaller lot's mortgage and have clear title to the newer larger lot.

Elizabeth Powell

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Answered on 11/18/07, 1:14 pm


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