[WSBARP] Doesn't a sheriff's deed need to be acknowledged?

[Rod Harmon]

When the Snohomish County Sheriff issues a sheriff's deed after a sheriff's
sale, it is not acknowledged.  

And yet, "[e]very conveyance of real estate, or any interest therein, and
every contract creating or evidencing any encumbrance upon real estate,
shall be by deed .."  RCW 64.04.010. "Every deed shall be in writing, signed
by the party bound thereby, and acknowledged by the party before some person
authorized by this act to take acknowledgments of deeds." RCW 64.04.020.  

There is no sheriff's deed statute.  A sheriff's deed has been construed to
be a bargain and sale deed. Graham v. Findahl, 122 Wn. App. 461, 466, n. 5
(2004).  

The deeds issued by the King and Pierce County Sheriff are acknowledged.
But the Snohomish County Sheriff, going back at least 17 years, has been
issuing deeds without acknowledgements.

Doesn't a sheriff's deed need to be acknowledged?  If not, based on what?
If so, why are the title company's insuring title downstream from a
Snohomish County sheriff's deed?

 

 

 

Rod Harmon

 

RODNEY T. HARMON

       Attorney at Law

         P.O. Box 1066

      Bothell, WA   98041

     Tel:   (425) 402-7800

     Fax:  (425) 458-9096

    www.rodharmon.com

   rodharmon at msn.com

 

 

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