§20.3 - Framework for Analysis

JurisdictionWashington

§20.3 FRAMEWORK FOR ANALYSIS

The easiest way to analyze legal issues in mortgage transactions is to follow a three-step process:

  • Recognize that Washington is a lien theory state. Title to the encumbered property remains with the mortgagor (borrower) until the sheriff's or trustee's deed issues. Determining who has title also determines (with some exceptions as noted below) possession, rents and causes of action concerning the property (i.e., who has the right to receive condemnation awards and...

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