My parents own a house in WA. The Warranty Deed lists both husband & wife as owners. A few years ago, my dad signed a Deed of Trust in his name only on the house without my mom's knowledge. He then withdrew the maximum limit. Afterward the lender must have discovered the error, and sent a revised Deed of Trust asking for both signatures. However my dad ignored it, so neither signed the new agreement. Recently my mom finally discovered this loan and have filed a divorce. My dad will file a quit claim deed on the house and then a Chapter 7 against additional unsecured credit card loans.
The lender should NOT have been issued the line of credit on a joint community property with signature of only a single spouse. What's the best way to void this Deed of Trust?