Legal Question in Real Estate Law in Washington
Real estate/property
I recently found out through my lender that I am the primary obligator on real estate my brother and I purchased, I haven't defaulted in anyway, that the property we bought back in early 1990's, along with 2 quit-claim deeds I discovered that I never gave permission to nor did I sign them or know the woman whom notorized them. I did recently also find out that since all this, the woman who atested to the notorization is currently in prison for falsely forging other documents such as this and other documents, My brother just passed away aprox. 1 year ago and I found out he owed DSHS alot of money and the state has put my home up for sale. I own 50% as did my brother,I have been paying 100% of mortage,taxes, insurance,HOA, and just remodeled the whole property. I don't and never intend to sell. A Court has Ordered this with out my knowledge. I called my lenders they told me can not be done as I am in good standing and a primary obligator. When I sent them a copy of these Quit-Claim deeds lenders told me did'nt make sense, why would I deed it off 2 times to the same person within 1 month of each that was done. Also they told me I never signed off my intrest to lender,So its clear I did never signed a thing I'd know
1 Answer from Attorneys
Re: Real estate/property
Well, no matter what your lender says if the State is determined to sell your property because you won't pay DSHS for your brother's end of life care that is going to happen unless you get a lawyer, step up to the plate and resolve it.
Sounds as if something wierd happened with the notary. But that's not dispositive. She's not to blame for what is happening, ultimately.
You are confusing your mortgage with the deed. Your lender is not an attorney and cannot provide you legal advice - part of the issue here is that you are asking the wrong question of your lender (the wrong person).
The state is entitled to be reimbursed for money they expended. You can refinance the property and pay them off and keep the property, but if you don't deal with the State they can and will sell it.
You need a lawyer. Elizabeth Powell