[WSBARP] Deed Question

[Keil Larsen]

Thank you Maureen,

I should have been more clear, the remaining issue is that the city employee is not accepting a quit claim deed to allow the client to take advantage of an energy savings program and is instead requiring a statutory warranty deed.

I think that it is just a situation where the city employee is following a procedure and is not aware of how property may be transferred.

We have the excise tax issues already addressed.

Cheers,

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

NOTICE: The information contained in this email is confidential and may be subject to the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this email is prohibited.  If you received this email in error, please immediately notify the sender by telephone at the number above.  Thank you.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Maureen Wickert
Sent: Wednesday, December 7, 2016 9:19 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed Question

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
[Business card for email]
14900 Interurban Avenue South, Suite 255
        Tukwila, WA 98168
       Phone: 206-859-5502
         Fax: 206-260-9005
     www.wickertlawoffice.com<http://www.wickertlawoffice.com/>
       wickertlaw at comcast.net<mailto:wickertlaw at comcast.net>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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

NOTICE: The information contained in this email is confidential and may be subject to the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this email is prohibited.  If you received this email in error, please immediately notify the sender by telephone at the number above.  Thank you.

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