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#2128897 - 05/03/17 12:15 AM Trust Certification Document
Mel in WA Offline
Platinum Poster

Registered: 03/05/13
Posts: 892
Can a bank accept a Trust Certification in lieu of obtaining the entire trust document?

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#2128899 - 05/03/17 07:04 AM Re: Trust Certification Document [Re: Mel in WA]
rlcarey Offline
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Registered: 07/16/01
Posts: 66648
Loc: Galveston, TX
RCW 11.98.075
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2128991 - 05/03/17 01:41 PM Re: Trust Certification Document [Re: Mel in WA]
Mel in WA Offline
Platinum Poster

Registered: 03/05/13
Posts: 892
So impressed you are answering in the WA State forum....Is there anything you don't know, rlcary?? A few comments/questions:

Our current process for identifying a Trust for a deposit and/or loan account is to obtain the entire Trust document. I would like to change this procedure to get a Certification of Trust and then request the entire Trust, if necessary (it may be needed for a loan more than a deposit account). However, #8 under 11.98.075 concerns me:

(8) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages, including reasonable attorney fees, if the court determines that the person did not act in good faith in demanding the trust instrument.

Since we are acting "in good faith", is it acceptable to request the entire Trust in addition to the Certification of Trust? The word "liable" is always scary.

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#2129058 - 05/03/17 03:48 PM Re: Trust Certification Document [Re: Mel in WA]
rlcarey Offline
10K Club

Registered: 07/16/01
Posts: 66648
Loc: Galveston, TX
Well, this is really a question for WA legal counsel. I would say that "in good faith" in that provision is that you have an actual documentable need for the entire trust.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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