[WSBAPT] Corrected Deed

[Eric Nelsen]

If it's truly a tiny typo--digits transposed, a single missing word, that kind of thing--you could probably make the change, have the grantor initial and date the change, then also write "re-record to correct typo" on the face of the deed. NOTE: It still needs a new REET Affidavit signed by Grantor and Grantee to do the re-record and citing the re-record exemption, WAC 458-61A-217<http://apps.leg.wa.gov/wac/default.aspx?cite=458-61A-217>.

If the mistake is more consequential than a minor typo, I would suggest doing a complete new "correction deed" that specifically refers to the prior deed and states that the new deed merely corrects the prior instrument; have grantor execute it as usual, and also have grantee sign the deed somewhere as accepting the correction and agreeing/acknowledging that the first deed was in error. Also will require a REET Affidavit, of course.

For what it's worth, if the mistake was a scrivener's error--meaning a mistake in drafting the deed, not a mistake of the parties in identifying the property--I usually use the phrase "scrivener's error" in the REET explanation and on face of the deed. That makes it clear that it wasn't a problem caused by substantive mistake of the parties, but was truly just a drafting issue. Avoids any hint of a situation that would require reformation based on unilateral mistake plus fraud, etc., or an implication that the new deed is for new property and the parties are just trying to avoid excise tax on a second transaction.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Grant
Sent: Tuesday, December 09, 2014 2:07 PM
To: Probate & Trust Listserv
Subject: [WSBAPT] Corrected Deed

Well, my humanness rose to the top today when I learned I make a mistake on the property description of a recently recorded deed.  To make the correction, is there anything I need to be aware of or simply record a new deed in its place and reference the first mistaken recording number?

Any guidance is great so I don't create a mistake of the mistake!

Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com<http://www.planningwithpurposeinc.com>

Estate Planning. Business Planning. Wealth Succession.
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