[WSBAPT] Help.

[Douglas Bratt]

The attachment came through, Sam.

Very clearly.

Thank you for the smile that I was able to add to my day.

Best Regards,

Doug (or is MY name Sam??)

Douglas J. Bratt
Lawyer

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Office: (360) 213-2040
 Fax: (360) 213-2030



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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sam Furgason
Sent: Thursday, July 02, 2015 2:16 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Help. [text]

Doug,
See attached, if it comes through. If not, not important.
S

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Wednesday, July 01, 2015 7:41 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Help.

Sam:

That was my memory (including the fact that no Affidavit is required), but I just could not put my hands on the WAC to confirm my gut on this one.

Thanks so much for the input.

Now, we must both go home.

Best Regards,

Doug Bratt

Douglas J. Bratt
Lawyer

[Envelope scaled Foster]

Office: (360) 213-2040
 Fax: (360) 213-2030



CONFIDENTIALITY NOTICE:  This email message may contain confidential or privileged information.  If you have received this message by mistake, please do not review, disclose, copy, or distribute the email. Instead, please notify us immediately by replying to this message or telephoning us.  Thank you.

NOTE:  I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege.  This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that, if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of avoiding federal tax penalties. A taxpayer may rely on professional advice to avoid federal tax penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements. Please contact us if you have any questions about Circular 230 or would like to discuss our preparation of an opinion that conforms to these IRS rules.





From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Samuel M. Meyler
Sent: Wednesday, July 01, 2015 7:28 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Help. [text]

Doug,

You have to look to the definition of "Sale" and what it does NOT include.

"The transfer of an interest in real property merely to secure a debt or the assignment of a security interest, release of a security interest, satisfaction of a mortgage, or reconveyance under the terms of a mortgage or deed of trust."  WAC 458-61A-102(17)(d)(iii).

In fact, no Affidavit is even required.  "Affidavit not required. The real estate excise tax affidavit is not required nor accepted for the following transactions including, but not limited to... (d) A mortgage or deed of trust, satisfaction of mortgage, or reconveyance of a deed of trust..."  WAC 458-61A-303(3). (Emphasis added.)

Samuel M. Meyler
Attorney at Law
Mail:  P.O. Box 777 | Redmond, WA 98073-0777
Location:  8201 164th Ave. NE, Suite 200 | Redmond, WA 98052
Tel:  425.881.3680 | Fax:  425.881.1457 | Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Wednesday, July 01, 2015 6:57 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Help.

Listmates:

Please help an older practitioner, with a four digit bar number, who really should not still be slaving away in the office close to 7:00 PM (so sayeth his spouse).

We all know that when a debt is paid off, recording a Full Reconveyance (Deed) is not subject to Real Estate Excise Tax, just as a Satisfaction of Mortgage is not subject to REET.

I have known that for years, but cannot put my hands, or eyes, on the WAC that provides an exemption from REET in this sort of case.

Is there a specific WAC that says that no REET Affidavit is needed when, essentially, wiping out the security interest?  If a REET Affidavit is still required, what is the WAC that provides for the exemption?

I won't wait till I get an answer, since most of you are wise enough to have gone home prior to this hour.

Thanks for your attention to my temporary lapse of knowledge, otherwise known, in some circles as a brain f- - -

Best Regards,

Doug Bratt


Douglas J. Bratt
Lawyer

[Envelope scaled Foster]

Office: (360) 213-2040
 Fax: (360) 213-2030



CONFIDENTIALITY NOTICE:  This email message may contain confidential or privileged information.  If you have received this message by mistake, please do not review, disclose, copy, or distribute the email. Instead, please notify us immediately by replying to this message or telephoning us.  Thank you.

NOTE:  I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege.  This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that, if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of avoiding federal tax penalties. A taxpayer may rely on professional advice to avoid federal tax penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements. Please contact us if you have any questions about Circular 230 or would like to discuss our preparation of an opinion that conforms to these IRS rules.



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