[WSBARP] Recording Fee

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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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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