[WSBARP] Change Name of Title Holder

[Thomas M. Culbertson]

I don't think recording a deed is a good idea; that would be like a woman recording a deed to herself after she got married and took her husband's name.  Ownership isn't changing, and recording something that sounds like it is changing might come back to haunt you.  What I have done instead is to record a Notice of Change of Name in each county in which the entity owns real estate. That seems to work just fine.



THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com<mailto:tculbertson at lukins.com>


From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jane Seymour
Sent: Wednesday, April 15, 2015 9:58 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Change Name of Title Holder

The current LLC owner may obtain an endorsement to the title policy, if there is one, adding the new LLC name as an additional insured or additional named insured.  That is a good idea if title insurance is involved.

If a current owner wants/needs to sue back through the chain of title for some reason (such as clearing title to a suddenly discovered defect), then the chain of Warranty deeds must be intact, in which case, given Catherine's description, it is best to use a warranty deed.

Bottom line, best to use a warranty deed.

Regards,

Jane Seymour, Langley WA

JS Jane Seymour, Attorney at Law
3191 Baby Island Lane Langley WA 98260
PO Box 1240 Freeland WA 98249
jseymour at whidbey.com<mailto:jseymour at whidbey.com>

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, April 15, 2015 9:04 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Change Name of Title Holder

Without research, it was my understanding that use of a quitclaim deed will nullify the benefits of any title insurance policy that the LLC may have obtained when purchasing the property.  I would explore using a SWD.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Clark, Catherine
Sent: Wednesday, April 15, 2015 8:36 AM
To: WSBA Real Property Listserv
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<javascript:_e(%7b%7d,%20'cvml',%20'cat at loccc.com');>
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