[WSBARP] Re-Recording Deed To Cure Alleged Defect In Legal Description

Rob Rowley rob at rowleylegal.com
Wed Aug 19 10:05:17 PDT 2015


Yes, a survey was completed and recorded at the time of the replat of 10
years ago.





Please note that effective May 15, 2015, my new address is 7 South Howard
St., Suite 218, Spokane, WA 99201.  All other contact information remains
the same.



*Robert R. Rowley* | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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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, August 19, 2015 9:39 AM
*To:* WSBA Real Property Listserv
*Subject:* Re: [WSBARP] Re-Recording Deed To Cure Alleged Defect In Legal
Description



A survey was probably done at the time the property was subdivided 10 years
ago. Was the survey recorded with the county? Was a changed in legal
descriptions 10 years ago also made with the County Assessor's office?  If
not to either question, why.  The title company sees a break in the chain
of title according to the legal descriptions so something was missed 10
years ago with the subdivision of the parcel.  You may want to dig a bit
deeper on the circumstances 10 years ago and what the county assessor's
records show for legal descriptions of the taxed parcels.  A rerecording of
a 15 year deed with a 10 year old legal description does not resolve what
was missed 10 years ago and will cause further confusion with the title
company.



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: *"Rob Rowley" <rob at rowleylegal.com>
*To: *"WSBA RPPT" <wsbarp at lists.wsbarppt.com>
*Sent: *Wednesday, August 19, 2015 9:07:51 AM
*Subject: *[WSBARP] Re-Recording Deed To Cure Alleged Defect In
Legal        Description



I am looking to cut the proverbial Gordian knot by having an old original
deed rerecorded to fix an alleged defect in a legal description.  I haven't
done it in many years and want to make sure I do it right.



Deed was prepared and recorded about 15 years ago, which had an old plat
description.  Approximately 10 years ago the property was re-platted and
subdivided which created completely different legal descriptions.  Local
title company refuses to insure a pending sale, claiming that the
15-year-old deed description is defective.  Small county with only one
title company so I can't go shopping.



Thus, my thought would be to take the original 15-year-old deed and cross
through the description and have the deed rerecorded with the new plat
description from 10 years ago, which theoretically should fix the issue.
Title officer has been less than helpful.



What sayeth you wise Counselors?



Please note that effective May 15, 2015, my new address is 7 South Howard
St., Suite 218, Spokane, WA 99201.  All other contact information remains
the same.



*Robert R. Rowley* | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



<https://www.facebook.com/rowleylegal>
<https://www.linkedin.com/pub/rob-rowley/11/172/b20>
<https://twitter.com/ROBERTRROWLEY>
<http://www.yelp.com/biz/robert-r-rowley-spokane>



NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections.  If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the
message.  Thank you for your assistance.

DISCLAIMER: You should recognize that responses provided by e-mail means
are akin to ordinary telephone or face-to-face conversations and do not
reflect the level of factual or legal inquiry or analysis which would be
applied in the case of a formal legal opinion. A formal opinion may very
well reach a different conclusion.




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