Your first step if an adverse claim is made against your Washington property.

Adverse claims against Washington real property happen all the time and in a variety of different ways.  It can be as informal as your neighbor building an encroaching fence.  More formally, an adverse claim can be asserted in a judicial complaint.  Adverse claims can be asserted against any interest in Washington real property, including ownership interests and liens.

The first step upon receiving (or just perceiving) an adverse claim should be – locate your title policy and make a claim.  The vast majority of real estate sales and transfers, particularly those involving 3^rd party financing, involve title insurance policies issued in favor of the buyer and lender (buying real property or mortgage lending in Washington without title insurance is not recommended).  

There are two reasons for reflexively filing a title claim.  First, failing to notify your title insurance carrier (like any carrier) can result in loss of coverage.  The insurance policy will likely have notice requirements and provisions for loss of coverage if untimely notice is prejudicial to the insurer’s defense.  Second, there is no penalty for filing a claim and having it denied.    

Do you need the assistance of an attorney to file a claim?  Generally, no.  There is no special legalese required in the notice to insurer to trigger coverage. If immediate defense of a claim is required, an attorney can be hired as a placeholder until the title company completes its investigation and makes a coverage determination.  If coverage is accepted, the title company will take steps to protect the insured interest from the adverse claim, including hiring a local attorney for the insured.