[WSBAPT] Property Law Question (Those Darn Scriveners)

[Rich McEntee]

Hi Mark

Most title companies in the county where the property is located would likely be willing to do a brief search for a prior deed. If you have a relationship with one of the companies or title officers, even an escrow department at the company, you should be able to get some help. 

If the most recent deed is inaccurate, then there could be an issue with some companies as being uninsurable with the incorrect description. You would at least want to use the correct description in the deed for your transaction.  

I believe that to properly correct the error, you need a certified copy of the incorrect deed, then you can re-record it to noting that it is be recorded to correct the legal. 

Hope this helps. 

Rich

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com     

> On Jun 15, 2020, at 5:11 PM, Mark A. Morenz-Harbinger <mark at harbingerandassociates.com> wrote:
> 
> Hello Everyone,
> 
> The situation: Representing PR (nonintervention) who is to convey realty to themselves. While preparing the PR Deed, I discovered a small typo in the QCD that conveyed the parcel to the deceased in the first place (the deceased was trustee of her husband's estate, for the record). The typo was the omission of a number in the legal description ["Lot" instead of "Lot 7"]. The QCD was a form where the person entered the description by hand.
> 
> I believe that, with a de minimis scrivener's error in the rest of the deed, I would just ignore it. But having the error in the legal description is a different matter.
> 
> One complicating factor is that we have NO access to the recorder or assessor's office in person, so I cannot do a title search. And so when I say that it was "in error", really I am comparing what the person wrote on the QCD against what is listed online (which I know is not 'official'). But since it is an omission of a number, I am inclined to believe that the QCD contains an error and that the online version is at least likely to be correct.
> 
> Do I...?
> 1- Ignore it. Use the same description as the QCD did.
> 2- Use what I believe the correct legal description to be, per the website.
> 3- Call the Deed a "Personal Representative's Deed for Conveyance and Correction" and list the legal description that is on the website as a correction and explicitly mention the error on the previous Deed (the street address was also changed by the city, too)
> 
> Just to spice things up even more, there is another reason-- which I won't get into here-- that I need for this probate to be closed ASAP. Or else I would probably:
> 
> 4- Write them again to request the prior deed to the QCD. It took me two weeks to get the QCD last time. We absolutely do not want it to go that long. The goal is to file the Declaration of Closing of Probate (but we need to make this conveyance prior to that)
> 
> Thanks for any advice!
> 
> Best,
> _Mark
> 
> -- 
> Mark A. Morenz-Harbinger, Attorney-at-Law
> HARBINGER LAW, PLLC // "See Success"
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> 
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