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  #1  
Old 09-20-2005, 02:28 AM
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Trustee Responsibility in a Trustee Sale


Washington State

What responsibility does a Trustee have when conducting a Trustee Sale? If they miss a lien (as happened in this case) due to the title company missing the lien in the Trustee Sale Guarantee (TSG), what responsibility does the Trustee company have to the end purchaser to provide a clear title that has been properly foreclosed?

In my current situation, the title company that supplied the TSG has acknowledged missing the lien, but claim they do not need to "fix" the problem as the contract was between them and the Trustee company. The Trustee company says they will simply forward any request they receive for clear title on to the Title company.

Thoughts, suggestions?

Thank you.
  #2  
Old 09-20-2005, 09:53 AM
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Location: Catatonic State
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Quote:
Originally Posted by SJMiller
Washington State

What responsibility does a Trustee have when conducting a Trustee Sale? If they miss a lien (as happened in this case) due to the title company missing the lien in the Trustee Sale Guarantee (TSG), what responsibility does the Trustee company have to the end purchaser to provide a clear title that has been properly foreclosed?

In my current situation, the title company that supplied the TSG has acknowledged missing the lien, but claim they do not need to "fix" the problem as the contract was between them and the Trustee company. The Trustee company says they will simply forward any request they receive for clear title on to the Title company.

Thoughts, suggestions?

Thank you.
**A: the Trustee is obligated to help settle things with the title company.
  #3  
Old 09-20-2005, 11:21 AM
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Thank you for the reply.

Could you tell me why they have that obligation?
  #4  
Old 09-20-2005, 11:45 AM
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Location: Catatonic State
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Quote:
Originally Posted by SJMiller
Thank you for the reply.

Could you tell me why they have that obligation?

**A: search duties of a Trustee and you will see why.
  #5  
Old 09-20-2005, 12:23 PM
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I thank you again for your response.

I am continuing to search the topic, and am having little luck finding clarity. There are obviously many types of trustee situations, and info specific to this situation has been elusive. Do you have any other, more specific tips?
  #6  
Old 09-21-2005, 09:19 AM
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Location: Catatonic State
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Quote:
Originally Posted by SJMiller
I thank you again for your response.

I am continuing to search the topic, and am having little luck finding clarity. There are obviously many types of trustee situations, and info specific to this situation has been elusive. Do you have any other, more specific tips?

**A: send a certified rrr letter to the Trustee requesting his/her court/trust appointed duties. But you should really be concentrating on the title company.
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