[WSBARP] Deed Question

[Maureen Wickert]

Keil,  

 

http://app.leg.wa.gov/wac/default.aspx?cite=458-61A-101

http://app.leg.wa.gov/RCW/default.aspx?cite=82.45.220

 

See: WAC 458-61A-101 and RCW 82.45

 

When more than 50% of a controlling interest of an entity holding real
estate is transferred to another, this transaction is reportable to WA DOR
even though a deed is not recorded.  

 

See WA DOR Real Estate Excise Tax Affidavit Controlling Interest Transfer
Return form:

 http://dor.wa.gov/Docs/forms/RealEstExcsTx/RealEstExTxAffidRtn.pdf    

 

Very truly yours,

Maureen A. Wickert, Attorney at Law



14900 Interurban Avenue South, Suite 255

        Tukwila, WA 98168

       Phone: 206-859-5502

         Fax: 206-260-9005

      <http://www.wickertlawoffice.com/> www.wickertlawoffice.com

        <mailto:wickertlaw at comcast.net> wickertlaw at comcast.net

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Keil Larsen
Sent: December 6, 2016 17:36
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

 <http://www.rpwlawfirm.com/> Reed Pruett Walters pllc

 

11120 NE 2nd Street

Suite 200

Bellevue, WA 98004

 <mailto:KLarsen at RPWLawFirm.com> KLarsen at RPWLawFirm.com

206-953-9633

FAX (425) 642-8260

 

NOTICE: The information contained in this email is confidential and may be
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error, please immediately notify the sender by telephone at the number
above.  Thank you.

 

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