[WSBARP] Affidavit of Identity

Jennifer Johnson jmhanigan at cni.net
Thu Mar 19 17:21:23 PDT 2015


I was just asking the question to see if it would fit Kate¹s particular
scenario.

I also do title and escrow and that is how we word the grantor language when
someone¹s name has changed since the time that they acquired the property.
In my capacity as a title officer I¹ve only ever asked someone to fill out
an identity affidavit once, but that is primarily because I do business in a
tiny community and I can usually figure out who is who on my own.  Lenders
have their own form that they use if they are involved.  And I¹ve never seen
one recorded.  

If you think that the facts are such that it might not be clear to a title
company in the future, you can always fill out an affidavit (the title
company should have a form) and keep it along with any supporting
documentation in your file for future reference.

Good discussion...thanks for bringing it up.

Jennifer

Jennifer M. Johnson | Attorney
Hanigan Law Office, P.S.
P.O. Box 39 / 68 Main Street
Cathlamet, WA 98612
(360) 795-3494







On 3/19/15 4:42 PM, "Jeanne Dawes" <jjdawes at goregrewe.com> wrote:

> Jennifer, who is requesting the affidavit of identity?  Typcially all you do
> is 
>  
> Grantor, Mary Smith, (now known as Mary Jones), as her separate estate.
>  
> An alternative if she wishes to title it in both her and her husband¹s name is
> to state
>  
> Grantors, John Jones and Mary Jones, (who acquired title as Mary Smith),
> husband and wife,
>  
> You should not have to record an affidavit of identity.  Typically only
> lenders ask for those, I¹ve never had a title company request one.  But then,
> I¹m on the east side of the state.
>  
> 
> 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
> INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND
> CONFIDENTIAL. 
>  
> 
> From: wsbarp-bounces at lists.wsbarppt.com
> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
> Sent: Thursday, March 19, 2015 4:20 PM
> To: WSBA Real Property Listserv
> Subject: Re: [WSBARP] Affidavit of Identity
>  
> Can you do a deed from ³X, who acquired title as Y² to whomever he/she is
> conveying the property?
> 
> Jennifer
> 
> Jennifer M. Johnson | Attorney
> Hanigan Law Office, P.S.
> P.O. Box 39 / 68 Main Street
> Cathlamet, WA 98612
> (360) 795-3494
> 
> 
> 
> 
> 
> 
> 
> On 3/19/15 3:53 PM, "Kate Gamble" <uptownlawpt at gmail.com> wrote:
> Does anyone have and is willing to share a template for an affidavit of
> identity?  I am exploring options for clearing title to real property when the
> grantee name differs from the name in which she took title originally due to
> marriage.  Also, in a different case, for a change in the first name.  Would
> recording the affidavit prior to conveying the property under the new name
> sufficiently serve to connect the chain of title? Any suggestions appreciated!
> 
> Thanks,
> 
> Kate Gamble
> 
> Attorney at Law
> 
> Uptown Law PLLC
> 
> (360) 379-1818
> 
> 
> 
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