[WSBAPT] deed question

[Tom Westbrook]

Hi Jenna,



So this sounds like it was a SWD to Buyer and a Note and DOT back to
Seller. If that is the case, then you not only want a SWD from Buyer but
you need to cancel the Note and get rid of the Deed of Trust as well. It
would not be the typical Reconveyance of DOT since the Note has not been
paid in full. I recommend you discuss with the title company that is the
Trustee of the DOT on how they want you to handle that. I would also use
the belt and suspenders approach of having an agreement between Seller and
defaulting Buyer to fully memorialize the agreement that includes clauses
for disputes, legal fees and costs, and both parties signing any other
documents as needed by the Trustee. etc.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law





Rodgers Kee Card & Strophy, P.S.

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Olympia, Washington  98502



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Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com



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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Jenna Brozik
*Sent:* Wednesday, November 04, 2020 2:46 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] deed question



Hello listmates,



I am working on a probate in which the deceased owns property that has an
owner contract and the buyer was paying a certain amount per month through
Escrow.



The buyer has defaulted and not paid for the last two months.  The PRs
agreed to sell the property and not go through the default process so long
as the buyer deeds the property to the PRs to sell.



Should this be a quitclaim deed or a warranty deed?  And what tax exemption
would apply?

Right now the buyer has ownership of the property by a statutory warranty
deed.



Thanks in advance!

Jenna Brozik

Attorney at Law

Prinz & Brozik PLLC

445 S Grand Ave

Pullman, WA 99163

(509)338-0908 / (509) 338-3527 (fax)

jennaprinzlaw at gmail.com
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