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

Jeanne Dawes jjdawes at goregrewe.com
Wed Aug 19 10:45:02 PDT 2015 

Rob, I would not re-recording an old deed without a new signature from the grantor if you are not merely correcting a scrivener’s error.

You could prepare a quitclaim deed from the original grantee (I presume now your seller) to themselves to conform the old legal description to the new short-plat legal description.  I just recently did that, and I included the original legal description, and then indicated “now known as” and then the newer legal description.

You want to make sure that the two descriptions really do describe the exact same property.  If you haven’t done so already, you should pull the newer plat to see if it references the old legal description on it.

If you want to discuss further, call me.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Wednesday, August 19, 2015 10:05 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Re-Recording Deed To Cure Alleged Defect In Legal Description

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.

[cid:image001.jpg at 01D0DA6B.95A5C7D0]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<mailto:rob at rowleylegal.com>
Web Site: www.rowleylegal.com<http://www.rowleylegal.com/>

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

[cid:image002.gif at 01D0DA6B.95A5C7D0]<https://www.facebook.com/rowleylegal>[cid:image003.gif at 01D0DA6B.95A5C7D0]<https://www.linkedin.com/pub/rob-rowley/11/172/b20>[cid:image004.gif at 01D0DA6B.95A5C7D0]<https://twitter.com/ROBERTRROWLEY>[cid:image005.jpg at 01D0DA6B.95A5C7D0]<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.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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
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       wickertlaw at comcast.net<mailto:wickertlaw at comcast.net>

This electronic message contains information which may be confidential and/or legally privileged. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this electronic transmission in error, please notify me by telephone or by email immediately.

________________________________
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.

[cid:image001.jpg at 01D0DA6B.95A5C7D0]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<mailto:rob at rowleylegal.com>
Web Site: www.rowleylegal.com<http://www.rowleylegal.com/>

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

[cid:image002.gif at 01D0DA6B.95A5C7D0]<https://www.facebook.com/rowleylegal>[cid:image003.gif at 01D0DA6B.95A5C7D0]<https://www.linkedin.com/pub/rob-rowley/11/172/b20>[cid:image004.gif at 01D0DA6B.95A5C7D0]<https://twitter.com/ROBERTRROWLEY>[cid:image005.jpg at 01D0DA6B.95A5C7D0]<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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