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

[Jeanne Dawes]

Which is why I will look to the earnest money agreement to see what it provides and use that.  Typically under the Title section it states title will be marketable, and then something like Rights, reservations, covenants, conditions and restrictions, presently of record, easements and encroachments not materially affecting the value or unduly interfering with Buyer’s [Grantee’s] intended use of the property shall not be deemed to render title unmarketable.  So I use the underlined language as an exception on the Deed when representing the Seller.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Thursday, September 22, 2016 4:13 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

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> [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<mailto: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

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Rodgers, Kee & Card, P.S.
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Olympia, Washington  98502

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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 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<mailto: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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