[WSBARP] Change Name of Title Holder

Wed Apr 15 09:40:10 PDT 2015

Catherine,

I agree with Bryce – no deed is necessary.  You should be able to clarify the name with the court by attaching a copy of the amendment filed with the secretary of state showing the name change to your first pleading.  You can also clarify the deed records, if you wish, by attaching a copy of the filed amendment to an affidavit regarding the name change, and record that.  

Deborah Berg

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Wednesday, April 15, 2015 9:31 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Change Name of Title Holder

I don’t believe a new deed is necessary I have had this situation multiple times and when there is a sale all the title co wants to see is the amendment to the organizational docs with sec of state showing the amendment changing the name since the entity is still the same just operating under a different name. Should also notify the assessor of the name change for real property tax purposes.

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Bryce H. Dille 

Campbell, Dille, Barnett & Smith,  PLLC

P.O. Box 488

Puyallup, WA  98371

Voice:  253.848.3513

Fax: 253.845.4941

bryced at cdb-law.com

Business Entity Creation and Management

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Real Estate and Land Use, Residential, Commercial and Condominium Development

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Real Property Foreclosures and Forfeitures

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Clark, Catherine
Sent: Wednesday, April 15, 2015 9:23 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Change Name of Title Holder

As usual, I didn’t tell the whole story.

Family LLC has been named in an eminent domain action under old name.  I am trying to avoid confusion with the court when I draft orders that say to new name Family LLC.  

I know.  Is easily explained but I do like to keep things simple in such documents.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
701 Fifth Avenue, Suite 4105
Seattle, WA  98104
Phone:  (206) 838-2528
Fax: (206) 374-3003
Email:  cat at loccc.com <javascript:_e(%7b%7d,%20'cvml',%20'cat at loccc.com');> 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Clark, Catherine
Sent: Wednesday, April 15, 2015 9:11 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Change Name of Title Holder

Excellent points.  Sadly, no title insurance.

Beneficial ownership did not change, just the name.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
701 Fifth Avenue, Suite 4105
Seattle, WA  98104
Phone:  (206) 838-2528
Fax: (206) 374-3003
Email:  cat at loccc.com <javascript:_e(%7b%7d,%20'cvml',%20'cat at loccc.com');> 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Maureen Wickert
Sent: Wednesday, April 15, 2015 8:58 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Change Name of Title Holder

It is best to record a new deed showing the transfer of the property from the old LLC's name to the new LLC's name. Being a mere change in identity, WAC 458-61A-211 should apply as an excise tax exemption. You should also notify the title company who issued title insurance when the old LLC purchased the property, if there is one. Later on, a title insurer problem will come up when the property is later sold.  I had to correct title to real property for a client who came in with an LLC showing its current name and real property in its former name. Did ownership of the LLC change when the LLC changed name? If so, look at WAC 458-61A-101 concerning a possible taxability issue with a change in ownership of a LLC with real property as an asset.

Very truly yours,
Maureen A. Wickert, Attorney at Law

       WICKERT LAW OFFICE

14900 Interurban Avenue South, Ste 255
        Tukwila, WA 98168
       Phone: 206-859-5502
         Fax: 206-260-9005
     www.wickertlawoffice.com
       wickertlaw at comcast.net

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From: "Catherine Clark" <Cat at loccc.com>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com>
Sent: Wednesday, April 15, 2015 8:36:14 AM
Subject: [WSBARP] Change Name of Title Holder

Listmates:

I represent an LLC which has changed its name after it purchased the property.  A notice of name change was filed with the Secretary of State.  However, its real estate remains in the old name.

My initial thought is to record a quit claim deed to change the name unless any of you smarter people than me have a better idea.

All thoughts appreciated.

Thanks.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
701 Fifth Avenue, Suite 4105
Seattle, WA  98104
Phone:  (206) 838-2528
Fax: (206) 374-3003
Email:  cat at loccc.com <https://web.mail.comcast.net/zimbra/JAVASCRIPT-BLOCKED_e(%7b%7d,%20'cvml',%20'cat at loccc.com');> 

NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

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