[WSBAPT] Warranty Fulfillment Deed

Fri Mar 30 10:37:24 PDT 2018

Well said. There is a difference between marketability of title and
insurability of title. Best to explain the difference to the client and have
them decide.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Mike Winslow
Sent: Friday, March 30, 2018 9:06 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Warranty Fulfillment Deed

Nice. Go buy a lottery ticket right now, while your luck is running so well.
Pretty rare that title companies will cover these, but it does happen.

Keep in mind just because you can get title insurance does not mean that the
risks related to this lack of Fulfillment deed go away completely. In the
realm of real estate conveyancing, there is title insurance coverage and
there are warranties given in deeds to grantors. Each are forms of assurance
to the grantor regarding condition of title and each have their own rules,
rights and enforcement procedures. One is an insurance policy and one is
contract liability based on warranties under the type of deed given. They
operate independently of one another.

This is off the top of my head, but my thought is that under the warranty
provisions of your PR's deed, while limited, these limited warranties would
still include this REK and run to the buyer. This could lead to a later
claim for breach of warranty of title under the provisions of the deed.
However, given that the grantor under the PR's deed is the estate and the
estate assets will distribute out, the risk of loss from a future claim
seems limited. Also, if a claim arises in the future (against the grantee of
the PR's deed), then grantee is going to first seek recourse under the title
policy and the title company should be bound to cover the claim under the
policy. The risk of breach of warranty claim under the PR deed remains
existent, but relatively low. 

The Quiet Title suit is the way to avoid any future risk. If I was in your
shoes, I would explain the risks to the client in writing and if they opt to
go with title insurance, then the client has assumed whatever minimal risk
there is in regard to warranty liability under the PR's deed.

Michael A. Winslow

1204 Cleveland Ave.

Mount Vernon, WA 98273

Ph. 360-336-3321

Em. Mike at winslegal.com <mailto:Mike at winslegal.com> 

This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of tjw at w3net.net
<mailto:tjw at w3net.net> 
Sent: Friday, March 30, 2018 7:21 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Warranty Fulfillment Deed

Thanks, Michael. Happy to report that my local title company is willing to
insure :).

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers, Kee, Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email:  <mailto:tjw at buddbaylaw.com> tjw at buddbaylaw.com

Skype: thomas.westbrook

 <http://www.buddbaylaw.com/> www.buddbaylaw.com

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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Thursday, March 29, 2018 1:21 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Warranty Fulfillment Deed

Unless you are able to find a title company willing to insure, you will need
to file a QT and publish the summons on the Vendor under the REK.

Michael A. Winslow

1204 Cleveland Ave.

Mount Vernon, WA 98273

Ph. 360-336-3321

Em. Mike at winslegal.com <mailto:Mike at winslegal.com> 

This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of tjw at w3net.net
<mailto:tjw at w3net.net> 
Sent: Thursday, March 29, 2018 12:22 PM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] Warranty Fulfillment Deed

My client, PR of estate, wants to sell the decedent's house and acreage.
Litigation Guarantee shows decedent purchased on real estate contract many
years ago and last payment was made in 2001 but no WFD was ever conveyed.
The seller was a partnership named Duane Taillon & Associates; it no longer
exists. One of the partners was attorney Carson Eller from Tacoma, but we
can't find him anywhere. Have done skip traces and google searches. None of
the addresses or phone numbers turn up any help. Do we need to file quite
title action to get title cleared or is there a more expedient way?

If any of you know the whereabouts of anyone left from Duane Taillon &
Associates, please let me know. They sold a lot of property out in the Bald
Hills area of Yelm in the late 80s and early 90s.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers, Kee, Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email:  <mailto:tjw at buddbaylaw.com> tjw at buddbaylaw.com

Skype: thomas.westbrook

 <http://www.buddbaylaw.com/> www.buddbaylaw.com

The information contained in this email and attachment(s) are for the
exclusive use of the addressee(s) and may contain private, privileged and/or
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email or its contents in any way. If you have received this communication in
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