[WSBARP] manufactured homes, REET

[Karen Gibbon]

I haven't done a title elimination in years, but I remember that they usually did not go smoothly.

Is the treasurer claiming that when the property was sold 20 years ago, the value of the manufactured home was not included in the price so no excise tax was paid on that value?  Or is the issue that real estate excise taxes were paid on the value of the manufactured home and the personal property tax rate is higher?

If title was eliminated as part of the closing, why would the manufactured home be listed separately?  When the title elimination application is recorded, isn't  the personal property tax account eliminated and the value of the manufactured home merged with the value of the real property into the real property tax account?

Also, it is my recollection that the county treasurer has to sign off on the title elimination application and that one copy of the REET goes to the treasurer.  So the treasurer should have been on notice. What about a statute of limitations?  Can the treasurer go back 20 years and force the parties to make this "correction"?


Karen L. Gibbon
Law Offices of Karen L. Gibbon, P.S.
3409 McDougall Avenue, Suite 202
Everett, WA 98201

Telephone: (425)212-3277 ext 1
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Monday, August 24, 2015 4:18 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] manufactured homes, REET

RCW 65.20.030 says that when a manufactured home title is eliminated under the statute, it is part of the real property. End of story. 20 years later Treasurer wants a re-record and a new REET because the value of the manufactured home was not accounted for. Theory is that no one told Treasurer when the title was eliminated, so they show it as part real and part personal property. I get that maybe they don't have a process for picking up title eliminations, but that doesn't seem like anyone else's fault but theirs. We can't get the sellers to sign a new REET. Anyone else run into this?

Thanks.

Rob

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com<www.hossandwilsonhoss.com>
rob at hctc.com<mailto:rob at hctc.com>

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