[WSBARP] Requirements for recording transfers by operation of law

Kailei Feeney kailei at westseattlelaw.com
Tue May 3 16:50:50 PDT 2016


Apologies colleagues:

In a frenetic day and attempt to share the quality information on the list, I copied all instead of sending on to my partners.

Kailei
Kailei B. Feeney
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kailei Feeney
Sent: Tuesday, May 03, 2016 4:27 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Requirements for recording transfers by operation of law

First one that made me think there would be some changes...again without reading through them all thoroughly yet.

Kailei

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Tuesday, May 03, 2016 1:45 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Requirements for recording transfers by operation of law

Dwight...Section 2 (2) of the bill states:  "The documentation provide to the county treasurer under this section must also be recorded with the county auditor."
I interpret that to mean that the "Lack of Probate Affidavit" or the "Community Property Agreement" etc.  must be recorded with the county auditor, so I am not sure what you mean by

"The clerk is not correct that the documents must be recorded in order for the transfers to be considered completed."

We are creating an abbreviated Lack of Probate Affidavit for recording purposes.



John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bickel, Dwight
Sent: Tuesday, May 03, 2016 11:33 AM
To: REALPROP at yahoogroups.com<mailto:REALPROP at yahoogroups.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Requirements for recording transfers by operation of law

Beginning June 9th, statutory revisions made by HB 2539 this legislative session will provide more clear guidance about the documents to be produced when recording evidence of transfers that are effective without the recording, and that are exempt from the real estate sales tax. The clerk is not correct that the documents must be recorded in order for the transfers to be considered completed. In order to record, the standard excise tax affidavit that is used for sales will be required. It may help you to understand their position if you recall there is a fee for affidavits that claim exemption from the tax.

See the new statutes:
http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/2539-S.SL.pdf
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