[WSBARP] Listing exceptions to title in deed versus "boiler plate" reference to exceptions of record

[Randall Cornwall]

Most standard escrow instructions say that the parties have received,
reviewed and accepted the title report which of course contains all of the
exceptions etc.  I assume that clause would offer some protection to the
LPO/escrow company. How much, I do not know...

___________________________
Randall J. COrnwall
DEMCO LAW FIRM, P.S.
(206) 203-6000

On Thu, Sep 22, 2016 at 4:13 PM, John McCrady <j.mccrady at pstitle.com> wrote:

> Here is a question I have never considered.  Perhaps someone out there has
> considered it?
>
>
>
> A seller would want to use the boilerplate, so as to avoid liability for
> any record title issues.
>
> A buyer would want to require a specific listing of the exceptions, so as
> to retain the ability to go against the seller for un-listed title issues.
>
>
>
> Escrow should be a neutral third party.  As such, how does the LPO choose
> between the two options, knowing that each option will leave one of the
> parties in a disadvantageous position?
>
>
>
> 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] *On Behalf Of *Tom J. Westbrook
> *Sent:* Thursday, September 22, 2016 3:59 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Listing exceptions to title in deed versus
> "boiler plate" reference to exceptions of record
>
>
>
> Randy,
>
>
>
> I have litigated this issue with a title company in the past 3 years. Had
> the closing agent used what you refer to as “boilerplate” language you
> reference, my client would not have been successful. Instead, the LPO used
> the exceptions from the title report and because there was an error in the
> title report in the reference to a matter of record, the title company
> lost. If I were advising an LPO, I would recommend to use the “boilerplate”
> general language.
>
>
>
> Sincerely,
>
>
>
> Tom
>
>
>
> Thomas J. Westbrook
>
> Attorney at Law
>
>
>
> [image: cid:image001.jpg at 01CFC835.0D3988D0]
>
>
>
> Rodgers, Kee & Card, P.S.
>
> 324 West Bay Drive NW, Suite 201
>
> Olympia, Washington  98502
>
>
>
> Phone: 360-352-8311
>
> Facsimile: 360-352-8501
>
> Email: tjw at buddbaylaw.com
>
> Skype: thomas.westbrook
>
> www.buddbaylaw.com
>
>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *Randall
> Cornwall
> *Sent:* Thursday, September 22, 2016 2:43 PM
> *To:* WSBA Real Property Listserv
> *Subject:* Re: [WSBARP] Listing exceptions to title in deed versus
> "boiler plate" reference to exceptions of record
>
>
>
> Small clarification of my last question - I'm looking at this from the
> perspective of representing the escrow company - not the buyer or seller.
>
>
>
> Thanks, -Randy.
>
>
> ___________________________
>
> Randall J. COrnwall
>
> DEMCO LAW FIRM, P.S.
>
> (206) 203-6000
>
>
>
> On Thu, Sep 22, 2016 at 2:28 PM, Randall Cornwall <rcornwall at demcolaw.com>
> wrote:
>
> Does anyone have a strong opinion one way or another when it comes to the
> necessity of listing out all of the exceptions, easements, ect. on a
> warranty deed versus using a blanket statement something along the lines of:
>
>
>
> "This conveyance is subject to any and all exceptions, easements,
> restrictions, leases, mineral and royalty reservations of public record."
>
>
>
> An LPO is telling me that they are taught that language equivalent to the
> above is sufficient, and listing out (or attaching as an exhibit) all of
> the exceptions ect. called out in the in the title report is not necessary.
>
>
>
> Thanks in advance for your feedback.
>
>
>
> -Randy.
>
> ___________________________
>
> Randall J. COrnwall
>
> DEMCO LAW FIRM, P.S.
>
> (206) 203-6000
>
>
>
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