[WSBARP] Deed Question

[Bickel, Dwight]

A technically correct answer is for the initial deed to be replaced with a correction deed. The deed being replaced is:

Able and Betty later quitclaim the property into an LLC in which they are the only members.

A new deed, obviously SWD form, is now prepared for Able and Betty to convey the property to the same LLC. There is no advantage gained by starting with a certified copy of the prior deed. Legally this is a new document that requires new acknowledged signatures for Able and Betty. It is described in the body as "This deed is to correct and replace the prior deed between the same parties recorded [earlier date] as recording number [earlier recording number] in order to provide title warranties."

Since the prior deed was exempt [not a sale], the replacement deed remains exempt. Be prepared to cite the excise affidavit number of the prior transaction on the affidavit claiming exemption for the replacement deed.
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