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

Wed Aug 19 10:09:46 PDT 2015

Can the grantor sign a Correction Deed with the correct legal description and simply file that to clear up the problem?  Ask the title company.

James R. Doran

Attorney at Law

100 E. Pine Street – Suite 205

Bellingham, WA 98225

(360)393-9506

jim at doranlegal.com <mailto:jim at doranlegal.com> 

www.doranlegal.com

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 <wsbarp at lists.wsbarppt.com>
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 <http://www.wickertlawoffice.com> 
       wickertlaw at comcast.net <mailto:wickertlaw at comcast.net> 

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From: "Rob Rowley" <rob at rowleylegal.com <mailto:rob at rowleylegal.com> >
To: "WSBA RPPT" <wsbarp at lists.wsbarppt.com <mailto: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:  <mailto:rob at rowleylegal.com> rob at rowleylegal.com

Web Site:  <http://www.rowleylegal.com/> www.rowleylegal.com

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

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