[WSBARP] Recording Fee
James L. Strichartz
jim at condo-lawyers.com
Tue Apr 21 11:43:02 PDT 2015
I agree John, it is not multiple transactions as defined in RCW
36.18.005(4). "(4) "Multiple transactions" means a document that
contains two or more titles and/or two or more transactions requiring
multiple indexing."
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Jim Strichartz
Attorney
Law Offices of James L. Strichartz
201 Queen Anne Avenue North, Suite 400
Seattle, WA 98109-4824
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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Tuesday, April 21, 2015 10:06 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Recording Fee
What bothers most people is that the reference to the other amendments
does not necessitate indexing to those other amendments, and therefor
there is no justification for the extra charges.
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721
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=WAST6
5.04.050&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
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] 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.
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/>
http://www.linkedin.com/in/condolawyer
<http://www.linkedin.com/in/condolawyer>
tel: 206-388-0600
fax: 206-286-2666
Providing Tools for Successful Communities
This message is intended only for the individual or entity to which it
is addressed and may contain information that is privileged,
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message to the intended recipient, you are hereby notified that any
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Opinions, conclusions and other information in this message that do not
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From: 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
Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone: 206-381-1341
Fax: 206-464-0461
Email: ron at housh.org <mailto:ron at housh.org>
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: ron at housh.org <mailto:ron at housh.org>
From: 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
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.
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/>
http://www.linkedin.com/in/condolawyer
<http://www.linkedin.com/in/condolawyer>
tel: 206-388-0600
fax: 206-286-2666
Providing Tools for Successful Communities
This message is intended only for the individual or entity to which it
is addressed and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. If you are
not the intended recipient, or the agent responsible for delivering the
message to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
prohibited, and you are requested to please notify us immediately by
telephone, and return the original message to us at the above address.
Opinions, conclusions and other information in this message that do not
relate to the official business of this firm shall be understood as
neither given nor endorsed by it. Although this message and any
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it is the responsibility of the recipient to ensure that it is virus
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