[WSBARP] Recording Fee

Bryce Dille BryceD at cdb-law.com
Tue Apr 21 09:57:58 PDT 2015


I just called the Pierce County auditor and they don't charge for each amendment referred to. I have also recorded Amendment to Declarations for condos in King and Kitsap and there is no charge for previous amendments referred to since by the condo act your required to do so.

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Bryce H. Dille
Campbell, Dille, Barnett & Smith,  PLLC
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kathryn R. McKinley
Sent: Tuesday, April 21, 2015 9:38 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Recording Fee

I've had this experience in Spokane County and have not been successful in getting the fees reduced. The Auditor's office relies on RCW 36.18.010 which states in pertinent part:

County auditors or recording officers shall collect the following fees for their official services:

(1) For recording instruments, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar. The fee for recording multiple transactions contained in one instrument will be calculated for each transaction requiring separate indexing as required under RCW 65.04.050<http://web2.westlaw.com/find/default.wl?mt=108&db=1000259&docname=WAST65.04.050&rp=%2ffind%2fdefault.wl&findtype=L&ordoc=18647945&tc=-1&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=5E9D796F&rs=WLW15.04> as follows: The fee for each title or transaction is the same fee as the first page of any additional recorded document; the fee for additional pages is the same fee as for any additional pages for any recorded document; the fee for the additional pages may be collected only once and may not be collected for each title or transaction;

If you get somewhere with your county, I'd be interest in the basis for any reduction in fees.

Thanks,

Kathryn R. McKinley
Of Counsel
[PHEmailLogo]
717 W. Sprague Ave. Suite 1200
Spokane, WA 99201
(509) 455-6000
kathryn.mckinley at painehamblen.com<mailto:kathryn.mckinley at painehamblen.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of James L. Strichartz
Sent: Monday, April 20, 2015 7:18 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Recording Fee

Thanks, Ron.  I have spoken to the recording clerk and the recording supervisor, both of whom think that they have to follow their fee schedule, which of course applies to multiple transactions.  The auditor is out of the office until Wednesday, but the supervisor has promised to bring this issue up with her.  I will talk to her if the supervisor does not come back with a correct response.

Jim

Please check out our new website, now live at www.condo-lawyers.com<http://www.condo-lawyers.com>.

Jim Strichartz
Attorney

Law Offices of James L. Strichartz
201 Queen Anne Avenue North, Suite 400
Seattle, WA 98109-4824

jim at condo-lawyers.com <mailto://jim@condo-lawyers.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 Ron Housh
Sent: Monday, April 20, 2015 5:11 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Recording Fee

Jim:
You may have already done this -  but try to speak with someone "above" the person requesting the $792.
Many years ago I had a similar experience - frankly, I cannot recall which County - but once I was able to speak to someone with more experience I was able to record through payment of the more standard fee.
To state the obvious, recitation of other recordings does not in any way turn this into a multiple transaction recording.  Sounds like you are dealing with someone who is trying to draw an analogy to a Lien Release recording where the Release references by recording # more than 1 lien recording to be released.  Yes - that is a multiple transaction [all of which I suspect you know].
Ron


I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY

Ronald G. Housh, P.S.
Attorney at Law

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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 James L. Strichartz
Sent: Monday, April 20, 2015 4:35 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Recording Fee

I just had an amended and restated condominium declaration rejected by the Benton County Auditor because I did not remit the proper recording fee.  They claim that the correct fee for recording the first page of the document is $792 dollars because it references the declaration and nine prior amendments as required by RCW 64.34.264(3).  They are claiming that the reference to multiple documents makes this multiple transactions.  Has anyone had a similar experience.  I have not run across this logic in any other county.  Any assistance you can give would be appreciated.

Jim

Please check out our new website, now live at www.condo-lawyers.com<http://www.condo-lawyers.com>.

Jim Strichartz
Attorney

Law Offices of James L. Strichartz
201 Queen Anne Avenue North, Suite 400
Seattle, WA 98109-4824

jim at condo-lawyers.com <mailto://jim@condo-lawyers.com/>
http://www.condo-lawyers.com<http://www.condo-lawyers.com/>
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