[WSBARP] Deed Question

[Rod Harmon]

Keil:
It sounds like some ignorant bureaucrat came up with that rule.  Don't they know that both kinds of deeds convey the property? And now the lowly city employee, who didn't make the rule, is just following the rule book.  Easier to comply with the stupid rule than to convince the lowly employee that the pointy-haired bureaucrat doesn't know what he's doing.  I'll bet the lowly city employee who is administering the stupid rule would be satisfied with a statutory warranty deed from LLC to Carl and dot.  Make sure to label it: Statutory Warranty Deed.
Now you have a different problem.  When you go to record the deed, the county treasurer will want real estate excise tax based on the assessed value.  So look at the WAC for the proper exception and put the appropriate language into the deed to meet it.

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<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>


From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Keil Larsen
Sent: Tuesday, December 6, 2016 5:36 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Deed Question

All,

I have a question that I need some help with regarding how to obtain a Statutory Warranty Deed when a parcel of real property has been transferred by a Quit Claim Deed.

Facts:

Able buys property and receives it by way of a statutory warranty deed.
Able marries Betty and quit claims the property from himself individually to his marital community.
Able and Betty later quit claim the property into an LLC in which they are the only members.
Over time, ownership in the LLC is transferred to Carl and Dot, a married couple, who become the only members.
LLC quit claims the property Carl and Dot individually.

Carl and Dot now want to take advantage of an energy savings program offered by the city where the property is situated but the city is requiring that they show that they received the property under a Statutory Warranty Deed.

What is the easiest way to rectify this?  Do we need to resort to a Quite Title Action or is it sufficient to draft a Warranty Deed from Able to Carl which should essentially transfer any remaining interest that Able would theoretically still hold in the property?

Thank you for all the positive and helpful advice,

Keil

Keil A. Larsen
Attorney
Reed Pruett Walters pllc<http://www.rpwlawfirm.com/>

11120 NE 2nd Street
Suite 200
Bellevue, WA 98004
KLarsen at RPWLawFirm.com<mailto:KLarsen at RPWLawFirm.com>
206-953-9633
FAX (425) 642-8260

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