[WSBARP] Title insurance and 3 year issue

Tue Jan 10 09:32:37 PST 2017

Different underwriters, sometimes within the same Title Insurer, view the risks differently.  As to the three year rule in the cited 4.16.090, see Marcom v Brunner 30 Wash.App 532:

....Failure of the county treasurer to comply with the statutory provisions relating to the content and manner of service of notice in proceedings to collect delinquent taxes leaves the court without jurisdiction over tax foreclosure proceedings. Furthermore, any foreclosure sale and tax deed issued pursuant thereto is rendered void. Pierce County v. Evans, 17 Wash.App. 201<https://www.casemakerlegal.com/SearchResult.aspx?searchFields%5bstate%5d=&query=17+Wash.App.+201&juriStatesHidden=&searchCriteria=Citation&tabAction=ALLC&dtypeName=&headAdmin=&headCaselaw=&headStatutes=&searchType=overview&jurisdictions.allStates=on&jurisdictions.includeRelatedFederal=on&pinCite=y>, 563 P.2d 1263<https://www.casemakerlegal.com/SearchResult.aspx?searchFields%5bstate%5d=&query=563+P.2d+1263&juriStatesHidden=&searchCriteria=Citation&tabAction=ALLC&dtypeName=&headAdmin=&headCaselaw=&headStatutes=&searchType=overview&jurisdictions.allStates=on&jurisdictions.includeRelatedFederal=on&pinCite=y> (1977). Accord Rosholt v. Snohomish County, 19 Wash.App. 300<https://www.casemakerlegal.com/SearchResult.aspx?searchFields%5bstate%5d=&query=19+Wash.App.+300&juriStatesHidden=&searchCriteria=Citation&tabAction=ALLC&dtypeName=&headAdmin=&headCaselaw=&headStatutes=&searchType=overview&jurisdictions.allStates=on&jurisdictions.includeRelatedFederal=on&pinCite=y>, 575 P.2d 726<https://www.casemakerlegal.com/SearchResult.aspx?searchFields%5bstate%5d=&query=575+P.2d+726&juriStatesHidden=&searchCriteria=Citation&tabAction=ALLC&dtypeName=&headAdmin=&headCaselaw=&headStatutes=&searchType=overview&jurisdictions.allStates=on&jurisdictions.includeRelatedFederal=on&pinCite=y> (1978). Nevertheless, Brunner contends, citing RCW 4.16.090, [1<https://www.casemakerlegal.com/docView.aspx?DocId=7223554&Index=D%3a%5cdtsearch%5cindex%5c01Test%5cALL%5fCITED%5fCASE&HitCount=19&hits=10b+10c+10d+146+147+148+17d+17e+17f+2ba+2bb+2bc+36c+36d+36e+3cf+3d0+3d1+52e+&isFirstPass=&categoryAlias=Case%20Law&fCount=6&cf=0&dt=CASE&jurisdictions.allFederal=False&jurisdictions.allStates=False&searchType=BROWSE&bReqSt=WA&dataT=CASE#FN1>] the Morcoms were not "original owners" 30 Wn.App. 534 continuing in possession and did not commence this action to clear title until August 1978, more than 4 years after issuance and recording of [635 P.2d 780] the tax deed, and therefore can no longer assert a claim for superior title. The legislature, in enacting RCW 4.16.090, intended that its provisions would apply only in those instances where possession had been taken by the purchaser under the tax deed. Kupka v. Reid, 50 Wash.2d 465, 312 P.2d 1056<https://www.casemakerlegal.com/SearchResult.aspx?searchFields%5bstate%5d=&query=312+P.2d+1056&juriStatesHidden=&searchCriteria=Citation&tabAction=ALLC&dtypeName=&headAdmin=&headCaselaw=&headStatutes=&searchType=overview&jurisdictions.allStates=on&jurisdictions.includeRelatedFederal=on&pinCite=y> (1957). Brunner never has taken possession of the property. Accordingly, she cannot avail herself of the provisions of RCW 4.16.090 as a defense or bar to Morcom's quiet title action.....

Title Insurers remain concerned about lack of service on any interested party, whether fee owner, mortgagee, etc.

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 Doris Eslinger
Sent: Tuesday, January 10, 2017 8:39 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Title insurance and 3 year issue

I spoke with Chicago, First American and Old Republic recently on the subject and all will issue title insurance after 3 years for WA properties and may also issue title insurance before three years for the right price, and on a case by case basis.  First American cited RCW 4.16.090 for the three-year window.  Old Republic agrees to issue title within 3 years on one case but the premium is 10% of the insured amount.   One of the title officers I spoke with mentioned that if we can locate the former property owner to sign a deed, then they can issue the insurance.

Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE | Suite 200 | Bellevue, WA 98005 | Phone: (425) 451-3237 |
Fax: (425) 633-2468 | doris at eslingerlawoffice.com<mailto:doris at eslingerlawoffice.com> | eslingerlawoffice.com<http://www.eslingerlawoffice.com/>

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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 John McCrady
Sent: Monday, January 09, 2017 4:45 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Title insurance and 3 year issue

I can tell you that Stewart will insure (on a case by case basis) after three years, and before three years if the buyer obtains a certification through Tax Title Services.
You can give me a call if you like for more specifics.

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 Schmidt & Yee
Sent: Friday, January 06, 2017 12:41 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Title insurance and 3 year issue

Good Afternoon:
Recently there was a discussion about having a tax deed and title companies being unwilling to issue title insurance until 3 or 10 years has passed.  Due to a new computer, I lost my emails saved and would appreciate it if someone could tell me if they know of a title company closing sales and issuing title insurance after 3 years instead of 10 years or the filing of a quiet title action.
Thank you.
Pam Yee
Schmidt & Yee, PC
Aloha, OR  97078
503-642-7641
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