[WSBAPT] Does a Transfer to JTWROS trigger due on sale?

[MK Henderson]

Would a transfer on death deed work? I think a joint deed transfer with an
underlying balance may create a reet. A todd doesnt require a reet. I
beleive Garn allows for inherited property. You could also transfer the
property to a trust.

On Saturday, October 22, 2016, jeffrey winter <jdwinter at hotmail.com> wrote:

> For those of you working on Saturday...
>
>
> I have a client that would like to quit claim his house to his church (non
> profit corp) and himself as joint tenants with right of survivorship.  The
> house has an existing deed of trust, and the church holds a subordinated
> second deed of trust for some improvements the church has made to the house
> (the client has donated the use of the house for holding church services).
>
>
> I understand that Garn St. Germaine protects transfers upon the death of a
> joint tenant from triggering due on sale clauses, but my concern is the
> front end of the transaction -- where the client creates the joint interest
> in the first place.
>
>
> In reviewing the language prohibiting transfers of interest by the
> borrower on the underlying deed of trust, it appears to prohibit any
> transfer "the intent of which is the transfer of title by Borrower at a
> future date to a purchaser."  I'm not sure that would apply in this
> instance, although the church has been making payments on the house for
> some time, and would continue to do so in the event of the death of my
> client.
>
>
> Any thoughts?
>
>
> Thank you in advance....
>
>
> Jeff Winter
>
> *Jeffrey D. Winter*
>
>
> *Law Office of Jeffrey D. Winter, P.S. *604 North Main Street
> Ellensburg, WA 98926
> (509) 925-9600 tel.
> (509) 925-9606 fax
>
>
>
>

-- 
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
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