[WSBARP] WSBARP Digest, Vol 38, Issue 3

Bryce Dille BryceD at cdb-law.com
Mon Nov 6 11:20:52 PST 2017


I stand corrected you are right



[cid:image001.jpg at 01D1AB8F.1C8227E0]

Bryce H. Dille | Attorney at Law

P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://www.cdb-law.com/>





This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development
Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator
Estate Planning, including Wills and Trusts, and Probate Administration
Representation Homeowners/Condominium Association Real Estate Developments
Real Property Foreclosures and Forfeitures






















From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Monday, November 06, 2017 11:01 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] WSBARP Digest, Vol 38, Issue 3

I have always interpreted IRC 7425 (d) (1) to give the IRS a 120 day redemption right for non-judicial foreclosures.  Do you interpret that statute differently?

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Saturday, November 04, 2017 9:26 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] WSBARP Digest, Vol 38, Issue 3

If foreclosed judicially right of redemption is 120 days from date of sale or the period allowed by law if longer if foreclosed non judicially then no right of redemption as long as proper  notice is given to US pursuant to IRC 7425.



[cid:image001.jpg at 01D1AB8F.1C8227E0]

Bryce H. Dille | Attorney at Law

P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://www.cdb-law.com/>





This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development
Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator
Estate Planning, including Wills and Trusts, and Probate Administration
Representation Homeowners/Condominium Association Real Estate Developments
Real Property Foreclosures and Forfeitures






















From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Stephen Whitehouse
Sent: Friday, November 03, 2017 6:55 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WSBARP Digest, Vol 38, Issue 3

Regarding tax sales, I would add one comment. This is old information so do not know if it still holds. It was my understanding that the IRS has a certain period of time to redeem and then their lien goes away. In the past, you could contact the IRS to see if they intended to redeem. I would not rely on this as being currently accurate, but use it as something to look into.

Steve
Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com<mailto:swhite8893 at aol.com>

-----Original Message-----
From: wsbarp-request <wsbarp-request at lists.wsbarppt.com<mailto:wsbarp-request at lists.wsbarppt.com>>
To: wsbarp <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Sent: Fri, Nov 3, 2017 12:00 pm
Subject: WSBARP Digest, Vol 38, Issue 3

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Today's Topics:

1. Re: Camano Island Process Server? (Scott Thomas)
2. Re: Camano Island Process Server? (Gregory L. Gilday)
3. Oregon Mortgage (Josh Grant)
4. Re: How to Request Information from Title Company? (Rod Harmon)
5. Tax Sale Question (Scott Hildebrand)
6. Re: Tax Sale Question (Jay Goldstein)
7. Re: Oregon Mortgage (Schmidt & Yee)
8. Re: Tax Sale Question (Craig Blackmon)
9. Re: Tax Sale Question (Marcus Fry)
10. Proper Way to Draft a Correction Deed? (Catherine Clark)
11. Re: Tax Sale Question (John McCrady)
12. Re: Proper Way to Draft a Correction Deed? (John McCrady)
13. Re: Tax Sale Question (Rob Wilson-Hoss)
14. Re: How to Request Information from Title Company? (John McCrady)
15. Re: Proper Way to Draft a Correction Deed? (Richard Holland)
16. Re: Tax Sale Question (Paul Neumiller)
17. Re: How to Request Information from Title Company?
(Ms. Roberta Armstrong)


----------------------------------------------------------------------

Message: 1
Date: Thu, 2 Nov 2017 12:55:02 -0700
From: "Scott Thomas" <scott at scottgthomaslaw.com<mailto:scott at scottgthomaslaw.com>>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Camano Island Process Server?
Message-ID: <00eb01d35414$7924f2a0$6b6ed7e0$@scottgthomaslaw.com<mailto:00eb01d35414$7924f2a0$6b6ed7e0$@scottgthomaslaw.com>>
Content-Type: text/plain; charset="utf-8"

Tri-County Process



From: wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?>] On Behalf Of Danielle Flatt
Sent: Thursday, November 02, 2017 10:54 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Camano Island Process Server?



Looking for company or person who handles serves on Camano Island. Thanks for the referrals!




Best Regards,


DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188

t: 206.973.3500 | f: 206.577.5090| e: danielle at dimensionlaw.com<mailto:danielle at dimensionlaw.com> <mailto:danielle at dimensionlaw.com<mailto:danielle at dimensionlaw.com?>> | www.dimensionlaw.com<http://www.dimensionlaw.com> <http://www.dimensionlaw.com>

*PLEASE NOTE OUR NEW OFFICE ADDRESS*




PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents. IRS C!
IRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.

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Message: 2
Date: Thu, 2 Nov 2017 13:46:08 -0700
From: "Gregory L. Gilday" <cole-gilday at stanwoodlaw.net<mailto:gilday at stanwoodlaw.net>>
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Camano Island Process Server?
Message-ID: <869b74d1-dbe9-24b9-33d4-67b4c9b53aaf at stanwoodlaw.net<mailto:67b4c9b53aaf at stanwoodlaw.net>>
Content-Type: text/plain; charset="utf-8"; Format="flowed"

Felix Moran, 360-840-0099
Camano.Stanwood.Investigations at gmail.com<mailto:Camano.Stanwood.Investigations at gmail.com>



Very Truly Yours,

Gregory L. Gilday

Law Office of Cole & Gilday, P.C.

//

10101 - 270th St. NW

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)

This message contains confidential and privileged information that is
intended only for the named recipient(s).Unless you are the named
recipient or authorized agent thereof, you are prohibited from reading,
copying, distributing or otherwise disseminating such information.If you
receive this communication in error, please notify the sender immediately.

On 11/2/2017 10:53 AM, Danielle Flatt wrote:
> Looking for company or person who handles serves on Camano Island.?
> Thanks for the referrals!
>
> Best Regards,*
> *
>
> DANIELLE FLATT |ATTORNEY |DIMENSION LAWGROUPPLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
> t: _206.973.3500 _| f: _206.577.5090_| e: _danielle at dimensionlaw.com<mailto:danielle at dimensionlaw.com>
> <mailto:danielle at dimensionlaw.com>_|www.dimensionlaw.com<mailto:danielle at dimensionlaw.com%3e_|www.dimensionlaw.com?>
> <http://www.dimensionlaw.com>
>
> **_PLEASE NOTE OUR NEW OFFICE ADDRESS_*_
>
> _*
>
>
> PRIVILEGED AND CONFIDENTIAL:This e-mail (including any attachments) is
> intended only for the use of the individual or entity named above and
> may contain privileged or confidential information. If you are not the
> intended recipient, or the employee or agent responsible to deliver it
> to the intended recipient, you are notified that any review,
> dissemination, distribution or copying of this e-mail is prohibited.
> Attempts to intercept this message are in violation of 18 USC 2511(1)
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> interceptor to fines, imprisonment and/or civil damages. If you have
> received this e-mail in error, please immediately notify us by e-mail,
> facsimile, or telephone; return the e-mail to us at the e-mail address
> below; and destroy all paper and electronic copies.?Any settlement
> offer contained herein is made pursuant to Washington ER 408, and
> without admitting fault or liability on the part of this firm?s
> client(s) or its agents.IRS?CIRCULAR?230 DISCLAIMER:To ensure
> compliance with requirements imposed by the IRS, I inform you that any
> U.S. tax advice contained in this communication (including any
> attachments) is not intended or written to be used, and cannot be
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> Revenue Code; or (ii) promoting, marketing or recommending to another
> party any transaction or tax-related matter addressed herein.
>
>
> _______________________________________________
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Message: 3
Date: Thu, 2 Nov 2017 15:12:18 -0700
From: "Josh Grant" <jgrant at accima.com<mailto:jgrant at accima.com>>
To: "wsbar" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Oregon Mortgage
Message-ID: <6508AF75DBE54929AB8DAA7E7D070AE2 at JoshPC>
Content-Type: text/plain; charset="utf-8"

I need a simple mortgage form for a loan between father and son secured by real property in Oregon. I can?t find a Oregon site like our LPO forms. Can anyone send a mortgage form or a cite where I can find one? Thanks

Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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Message: 4
Date: Fri, 3 Nov 2017 01:33:56 +0000
From: Rod Harmon <rodharmon at msn.com<mailto:rodharmon at msn.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] How to Request Information from Title Company?
Message-ID:
<DM5PR19MB132354FCA975A697D44D099DAB5D0 at DM5PR19MB1323.namprd19.prod.outlook.com<mailto:DM5PR19MB132354FCA975A697D44D099DAB5D0 at DM5PR19MB1323.namprd19.prod.outlook.com>>

Content-Type: text/plain; charset="utf-8"

The title company is probably worried about a claim.
If the property was sold for fair market value, and the net sale proceeds split 4 ways among the three surviving children and the estate of the deceased child, I don?t see why anyone should care about the details of the sale.

Rod Harmon

RODNEY T. HARMON
Attorney at Law
P.O. Box 1066
Bothell, WA 98041
Tel: (425) 402-7800
Fax: (425) 458-9096
www.rodharmon.com<http://www.rodharmon.com<http://www.rodharmon.com%3chttp:/www.rodharmon.com>>
rodharmon at msn.com<mailto:rodharmon at msn.com><mailto:rodharmon at msn.com<mailto:rodharmon at msn.com?>>




From: wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?>] On Behalf Of Ms. Roberta Armstrong
Sent: Thursday, November 2, 2017 9:35 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBARP] How to Request Information from Title Company?

Hello Listserve, your guidance is much appreciated... Here's what I know:

? H and W names on deed for their home

? H dies first, his will gives everything to W, no probate

? 1996 W dies, her will is filed in court, $20 fee paid, case number assigned

? W's will gives home to their 4 children equally (C1, C2, C3 and C4)

? 1997 Two of the children (C2 and C3) attempt to quit claim home to themselves. An excise tax affidavit was completed with W as Grantor and C2 and C3 as Grantee.

? 2005 C2 dies

? 2006 C1 coverts will only case to estate, gets letters of testamentary (assuming with non-intervention powers)

? January 2017, C1 completes a lack of probate for C2 indicating his heirs are his surviving wife and two children (one child is a minor)

? February 2017, C1 as personal representative of W?s estate sells home

? May 2017, C2 surviving wife opens his probate and of course C1 is filing claims in C2?s probate for C2 living at W?s home while he worked on getting it ready for sell.

? C3 and C4 are estranged from C1.

It seems to me, C1 as personal representative of W?s estate has the authority to properly sell the home as an asset of the estate (even though the quit claim deed and lack of probate for C2 were unnecessary).

However, something just isn?t sitting well with C2?s surviving wife, primarily because the title company?s manager was not willing to provide her any information even though she identified herself as PR for C2?s estate. Further, she would like to have all the information provided to the title company by C1, like the Statement of Identity for C2, herself, and their children that was completed by C1. But she was told by the manager that she needs to get an attorney to request information from the title company??

Is there something here that I am missing? Why would the title company require her to have an attorney to request such information, specifically when the information is about her, her deceased husband and their two children?

--
Creator of the first on-line Indian Will Production System - CHECK OUT www.NativeWill.org<https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.nativewill.org%2F&data=02%7C01%7Ctalk2much84%40msn.com%7Cf0691cf35e024c54beeb08d522118fbc%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636452381171952331&sdata=0DxmXecoBJpDuMCQ0qwBpdVq%2FMr%2FTTAVKiLlkOjiIks%3D&reserved=0<http://www.NativeWill.org%3chttps:/nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.nativewill.org%2F&data=02%7C01%7Ctalk2much84%40msn.com%7Cf0691cf35e024c54beeb08d522118fbc%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636452381171952331&sdata=0DxmXecoBJpDuMCQ0qwBpdVq%2FMr%2FTTAVKiLlkOjiIks%3D&reserved=0>>

Ms. Roberta Armstrong

Washington State Bar Association No. 42343

Founder and Executive Director

Stewards of Indigenous Resources Endowment,

a Non-Profit Professional Service Corporation

P O Box 2248

Yelm, WA 98597



425.737.5448 | Direct

866.227.6651 | Fax



Roberta at IndianWillsOnWheels.org<mailto:Roberta at IndianWillsOnWheels.org><mailto:Roberta at IndianWillsOnWheels.org<mailto:Roberta at IndianWillsOnWheels.org?>>
www.IndianWillsOnWheels.org<https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.IndianWillsOnWheels.org&data=02%7C01%7Ctalk2much84%40msn.com%7Cf0691cf35e024c54beeb08d522118fbc%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636452381171952331&sdata=TOY5n3Kk8tvq6PPQvLavQDVyIMD%2BgNPFdsxVQcYqJBk%3D&reserved=0<http://www.IndianWillsOnWheels.org%3chttps:/nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.IndianWillsOnWheels.org&data=02%7C01%7Ctalk2much84%40msn.com%7Cf0691cf35e024c54beeb08d522118fbc%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636452381171952331&sdata=TOY5n3Kk8tvq6PPQvLavQDVyIMD%2BgNPFdsxVQcYqJBk%3D&reserved=0>>


Please note that the contents of this e-mail message are confidential and may be legally privileged, being intended for the named recipient. Please do not reproduce or transmit this message without permission of the sender. If you have received this message in error notify the sender to inform them of the inadvertent mistake and then delete this message from your computer and server. Thank you in advance for your adherence.
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Message: 5
Date: Thu, 2 Nov 2017 20:35:23 -0700
From: "Scott Hildebrand" <scott at starboard-strategies.com<mailto:scott at starboard-strategies.com>>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Tax Sale Question
Message-ID: <027201d35454$c8b6b700$5a242500$@starboard-strategies.com<mailto:027201d35454$c8b6b700$5a242500$@starboard-strategies.com>>
Content-Type: text/plain; charset="us-ascii"

Title Gurus

I have a few clients interested in bidding on properties at tax sales. I am
assuming that a tax sale will wipe out all encumbrances with the exception
of IRS liens and super-priority HOA type liens. Anything else that I should
be cautioning about??



Thanks,

Scott Hildebrand

Attorney at Law

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Message: 6
Date: Fri, 3 Nov 2017 04:04:04 +0000
From: Jay Goldstein <jay at jaglaw.net<mailto:jay at jaglaw.net>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Tax Sale Question
Message-ID: <592F0E93-BA3F-4AE8-A3CF-BCCA05945D7D at jaglaw.net<mailto:BCCA05945D7D at jaglaw.net>>
Content-Type: text/plain; charset="utf-8"

No title insurance for three years. Inability to inspect structures, environmental liability.

Sent from my iPhone

Jay A. Goldstein
Goldstein Law Office PLLC
1800 Cooper Pt Rd SW #8
Olympia, WA 98502
Jay at jaglaw.net<mailto:Jay at jaglaw.net><mailto:Jay at jaglaw.net<mailto:Jay at jaglaw.net?>>
360 352 1970

On Nov 2, 2017, at 8:36 PM, Scott Hildebrand <scott at starboard-strategies.com<mailto:scott at starboard-strategies.com<mailto:scott at starboard-strategies.com?>>> wrote:

Title Gurus
I have a few clients interested in bidding on properties at tax sales. I am assuming that a tax sale will wipe out all encumbrances with the exception of IRS liens and super-priority HOA type liens. Anything else that I should be cautioning about??

Thanks,
Scott Hildebrand
Attorney at Law
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com><mailto:WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com?>>
http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 7
Date: Fri, 3 Nov 2017 06:54:07 -0700
From: "Schmidt & Yee" <syaloha at gte.net<mailto:syaloha at gte.net>>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Oregon Mortgage
Message-ID: <CE6D8235A45440A090278CA5EDBE86DA at PC1>
Content-Type: text/plain; charset="utf-8"

There is no such site. You can buy a Stevens Ness Trust Deed online at their website. Most Oregon attorneys use the Stevens Ness form. I suspect they have a mortgage form, but I have not seen a mortgage used for a long time.
Pam Yee
Schmidt & Yee, PC
Aloha, OR 97078

From: Josh Grant
Sent: Thursday, November 2, 2017 3:12 PM
To: wsbar
Subject: [WSBARP] Oregon Mortgage

I need a simple mortgage form for a loan between father and son secured by real property in Oregon. I can?t find a Oregon site like our LPO forms. Can anyone send a mortgage form or a cite where I can find one? Thanks

Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734



--------------------------------------------------------------------------------
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 8
Date: Fri, 3 Nov 2017 07:39:41 -0700
From: Craig Blackmon <craig at lawofficeofcraigblackmon.com<mailto:craig at lawofficeofcraigblackmon.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Tax Sale Question
Message-ID:
<CAG1D8uYqOYFkg0A=bc8pqtqGAjSDM4MVprUUUzt+csdy36View at mail.gmail.com<mailto:bc8pqtqGAjSDM4MVprUUUzt+csdy36View at mail.gmail.com>>
Content-Type: text/plain; charset="utf-8"

A timely question. What about a DSHS/Medicaid lien? (Sorry for perhaps
using inaccurate term - state lien for health care costs paid). I just
punted on this very question in a call from a PC yesterday.

Craig

Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
92 Lenora St. (The Makers Space, a shared work environment)
Seattle WA 98121
Office/Cell: (206) 369-5949 Fax: (206) 770-7328
@LawyerBroker <https://twitter.com/LawyerBroker>
How to Buy Without an Agent
<http://www.seattlepropertylawyer.com/blog?category=Buy+without+an+Agent> | How
to Sell FSBO <http://www.seattlepropertylawyer.com/blog?category=Sell+FSBO>
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<http://www.seattlepropertylawyer.com/blog?category=Real+Estate+Glossary>
CONFIDENTIALITY NOTICE: This communication is a private, confidential
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you are not the intended recipient please inform the sender and destroy all
copies.

On Thu, Nov 2, 2017 at 9:04 PM, Jay Goldstein <jay at jaglaw.net<mailto:jay at jaglaw.net>> wrote:

> No title insurance for three years. Inability to inspect structures,
> environmental liability.
>
> Sent from my iPhone
>
> Jay A. Goldstein
> Goldstein Law Office PLLC
> 1800 Cooper Pt Rd SW #8
> Olympia, WA 98502
> Jay at jaglaw.net<mailto:Jay at jaglaw.net>
> 360 352 1970 <(360)%20352-1970>
>
> On Nov 2, 2017, at 8:36 PM, Scott Hildebrand <scott at starboard-strategies.
<mailto:scott at starboard-strategies.%0b>> com> wrote:
>
> Title Gurus
>
> I have a few clients interested in bidding on properties at tax sales. I
> am assuming that a tax sale will wipe out all encumbrances with the
> exception of IRS liens and super-priority HOA type liens. Anything else
> that I should be cautioning about??
>
>
>
> Thanks,
>
> Scott Hildebrand
>
> Attorney at Law
>
> _______________________________________________
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Message: 9
Date: Fri, 3 Nov 2017 15:12:19 +0000
From: Marcus Fry <mfry at lyon-law.com<mailto:mfry at lyon-law.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Tax Sale Question
Message-ID:
<BN4PR14MB04976313A27A6686C5DD1EF9F65D0 at BN4PR14MB0497.namprd14.prod.outlook.com<mailto:BN4PR14MB04976313A27A6686C5DD1EF9F65D0 at BN4PR14MB0497.namprd14.prod.outlook.com>>

Content-Type: text/plain; charset="utf-8"

Medicaid liens are not given a priority, akin to a mortgage/deed of trust, i.e. effective as of date of recording. Thus, inferior to real estate taxes.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington 98907
Telephone: (509) 248-7220
Facsimile: (509) 575-1883

NOTICES:
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?>] On Behalf Of Craig Blackmon
Sent: Friday, November 03, 2017 7:40 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Tax Sale Question

A timely question. What about a DSHS/Medicaid lien? (Sorry for perhaps using inaccurate term - state lien for health care costs paid). I just punted on this very question in a call from a PC yesterday.

Craig

Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer<http://www.seattlepropertylawyer.com/>
92 Lenora St. (The Makers Space, a shared work environment)
Seattle WA 98121
Office/Cell: (206) 369-5949 Fax: (206) 770-7328
@LawyerBroker<https://twitter.com/LawyerBroker>
How to Buy Without an Agent<http://www.seattlepropertylawyer.com/blog?category=Buy+without+an+Agent> | How to Sell FSBO<http://www.seattlepropertylawyer.com/blog?category=Sell+FSBO> | RE Glossary<http://www.seattlepropertylawyer.com/blog?category=Real+Estate+Glossary>
CONFIDENTIALITY NOTICE: This communication is a private, confidential electronic communication encompassed by 18 USC 2510. It is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of its confidential or privileged nature. Any review or distribution by others is strictly prohibited. If you are not the intended recipient please inform the sender and destroy all copies.

On Thu, Nov 2, 2017 at 9:04 PM, Jay Goldstein <jay at jaglaw.net<mailto:jay at jaglaw.net><mailto:jay at jaglaw.net<mailto:jay at jaglaw.net?>>> wrote:
No title insurance for three years. Inability to inspect structures, environmental liability.

Sent from my iPhone

Jay A. Goldstein
Goldstein Law Office PLLC
1800 Cooper Pt Rd SW #8
Olympia, WA 98502
Jay at jaglaw.net<mailto:Jay at jaglaw.net><mailto:Jay at jaglaw.net<mailto:Jay at jaglaw.net?>>
360 352 1970<tel:(360)%20352-1970>

On Nov 2, 2017, at 8:36 PM, Scott Hildebrand <scott at starboard-strategies.com<mailto:scott at starboard-strategies.com<mailto:scott at starboard-strategies.com?>>> wrote:
Title Gurus
I have a few clients interested in bidding on properties at tax sales. I am assuming that a tax sale will wipe out all encumbrances with the exception of IRS liens and super-priority HOA type liens. Anything else that I should be cautioning about??

Thanks,
Scott Hildebrand
Attorney at Law
_______________________________________________
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WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com><mailto:WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com?>>
http://mailman.fsr.com/mailman/listinfo/wsbarp

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Message: 10
Date: Fri, 3 Nov 2017 15:58:14 +0000
From: Catherine Clark <Cat at loccc.com<mailto:Cat at loccc.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Proper Way to Draft a Correction Deed?
Message-ID:
<MWHPR19MB0992F757BF94A332B1FBCBBAA35D0 at MWHPR19MB0992.namprd19.prod.outlook.com<mailto:MWHPR19MB0992F757BF94A332B1FBCBBAA35D0 at MWHPR19MB0992.namprd19.prod.outlook.com>>

Content-Type: text/plain; charset="us-ascii"

All:

I have discovered that a deed purports to convey my client's property to another (the second deed was filed by the PR of the Estate of the person who sold their property to my client).

How would you prepare a correction deed? Would you get a certified copy of the deed and type on it that it is a correction deed and cross out the legal description of my clients property? Or, would you prepare another deed called "correction deed," explain the situation in that new deed and attach the old deed to this new deed for recording?

Or, do you have a better way?

Let me know.

Thanks.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone: (206) 838-2528
Direct Dial: (206) 274-7941
Cell: (206) 409-8938
Fax: (206) 374-3003
Email: cat at loccc.com<mailto:cat at loccc.com>

NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited. If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

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Message: 11
Date: Fri, 3 Nov 2017 09:45:57 -0700
From: John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Tax Sale Question
Message-ID:
<A8106026B40C9544A17DC5E44A2003EE022A727F5EE9 at PSTMAILV.pstitle.com<mailto:A8106026B40C9544A17DC5E44A2003EE022A727F5EE9 at PSTMAILV.pstitle.com>>
Content-Type: text/plain; charset="iso-8859-1"

Just a couple quick thoughts:

A properly conducted tax sale "initiates a new and complete title", with certain exceptions. (Messett vs. Cowell, 1914 Wash 6146; City of Walla Walla v. State of Wn., 197 Wash 357; Anderson v. Grays Harbor, 149 Wn 2d 89; Eagles v. Gen. Elec. Co., 5 Wn 2d 20).

A tax sale will not eliminate pre-existing public and private easements and common CCR's. City of Olympia v. Palzer, Nor will it eliminate certain covenants to pay assessments. 42 Wn. App. 751 Lake Arrowhead Club v. Lunv, 112 Wn.2d 288

The IRS considers that property taxes and assessments are superior to its tax liens. IRC ? 6323(b)(6) IRC ? 6323(b)(6)

The tax sale does not eliminate certain assessment liens levied by municipalities. Pierce County v. Schwab, 48 Wn. App. 418.)

I am not aware of any priority that homeowner's assessments have over property taxes. I would welcome enlightenment on that.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?>] On Behalf Of Scott Hildebrand
Sent: Thursday, November 02, 2017 8:35 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Tax Sale Question

Title Gurus
I have a few clients interested in bidding on properties at tax sales. I am assuming that a tax sale will wipe out all encumbrances with the exception of IRS liens and super-priority HOA type liens. Anything else that I should be cautioning about??

Thanks,
Scott Hildebrand
Attorney at Law
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Message: 12
Date: Fri, 3 Nov 2017 10:01:35 -0700
From: John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Proper Way to Draft a Correction Deed?
Message-ID:
<A8106026B40C9544A17DC5E44A2003EE022A727F5EF6 at PSTMAILV.pstitle.com<mailto:A8106026B40C9544A17DC5E44A2003EE022A727F5EF6 at PSTMAILV.pstitle.com>>
Content-Type: text/plain; charset="us-ascii"

I prefer to see a new deed executed by the PR (assuming still serving as such) that contains a recital to the effect that it "supersedes and replaces prior deed recorded under __________, which instrument contained an erroneous legal description."

I also like to see the grantee's acknowledgement on the corrective deed, but I don't require that.

To me this is the clearest statement that the new property was the property intended to be conveyed

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?>] On Behalf Of Catherine Clark
Sent: Friday, November 03, 2017 8:58 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Proper Way to Draft a Correction Deed?

All:

I have discovered that a deed purports to convey my client's property to another (the second deed was filed by the PR of the Estate of the person who sold their property to my client).

How would you prepare a correction deed? Would you get a certified copy of the deed and type on it that it is a correction deed and cross out the legal description of my clients property? Or, would you prepare another deed called "correction deed," explain the situation in that new deed and attach the old deed to this new deed for recording?

Or, do you have a better way?

Let me know.

Thanks.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone: (206) 838-2528
Direct Dial: (206) 274-7941
Cell: (206) 409-8938
Fax: (206) 374-3003
Email: cat at loccc.com<mailto:cat at loccc.com><mailto:cat at loccc.com<mailto:cat at loccc.com?>>

NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited. If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

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Message: 13
Date: Fri, 3 Nov 2017 10:04:44 -0700
From: "Rob Wilson-Hoss" <rob at hctc.com<mailto:rob at hctc.com>>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Tax Sale Question
Message-ID: <079a01d354c5$d91ea0f0$8b5be2d0$@com>
Content-Type: text/plain; charset="iso-8859-1"

HOA liens are not prior. Not only that, if the property doesn't sell then
the County owns it and the County doesn't have to pay HOA assessments while
it owns it. Makes for some interesting calculations and decisions with a
number of variables when an association is faced with a tax sale of one of
its parcels.



But as John says, the restrictive covenants are ongoing and not eliminated
and apply after the tax lien. The restrictive covenants that required
assessments after tax sale used to mean the County had to pay when it owned,
but legislation changed that.



Rob



Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999

www.hossandwilson-hoss.com<http://www.hossandwilson-hoss.com>
<mailto:rob at hctc.com<mailto:rob at hctc.com?>> rob at hctc.com<mailto:rob at hctc.com>



This message is intended solely for the use of the addressee and may contain
information that is privileged, confidential, and exempt from disclosure
under applicable law. If you are not the addressee, you are hereby notified
that any use, distribution, or copying of this message is strictly
prohibited. If you received this message in error, please notify us by
reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.
Thank you.



This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose. To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. ? 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.



From: wsbarp-bounces at lists.wsbarppt.com<mailto: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: Friday, November 03, 2017 9:46 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Tax Sale Question



Just a couple quick thoughts:



A properly conducted tax sale ?initiates a new and complete title?, with
certain exceptions. (Messett vs. Cowell, 1914 Wash 6146; City of Walla Walla
v. State of Wn., 197 Wash 357; Anderson v. Grays Harbor, 149 Wn 2d 89;
Eagles v. Gen. Elec. Co., 5 Wn 2d 20).



A tax sale will not eliminate pre-existing public and private easements and
common CCR?s. City of Olympia v. Palzer, Nor will it eliminate certain
covenants to pay assessments. 42 Wn. App. 751 Lake Arrowhead Club v. Lunv,
112 Wn.2d 288



The IRS considers that property taxes and assessments are superior to its
tax liens. IRC ? 6323(b)(6) IRC ? 6323(b)(6)



The tax sale does not eliminate certain assessment liens levied by
municipalities. Pierce County v. Schwab, 48 Wn. App. 418.)



I am not aware of any priority that homeowner?s assessments have over
property taxes. I would welcome enlightenment on that.



John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>



From: wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com>
[mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?>] On Behalf Of Scott Hildebrand
Sent: Thursday, November 02, 2017 8:35 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Tax Sale Question



Title Gurus

I have a few clients interested in bidding on properties at tax sales. I am
assuming that a tax sale will wipe out all encumbrances with the exception
of IRS liens and super-priority HOA type liens. Anything else that I should
be cautioning about??



Thanks,

Scott Hildebrand

Attorney at Law

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Message: 14
Date: Fri, 3 Nov 2017 10:06:16 -0700
From: John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] How to Request Information from Title Company?
Message-ID:
<A8106026B40C9544A17DC5E44A2003EE022A727F5EFB at PSTMAILV.pstitle.com<mailto:A8106026B40C9544A17DC5E44A2003EE022A727F5EFB at PSTMAILV.pstitle.com>>
Content-Type: text/plain; charset="utf-8"

And, as I understand the facts, C2 was not a party to the current transaction. As such, I don?t believe the title company was authorized to give C2 any information about the sale.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?>] On Behalf Of Rod Harmon
Sent: Thursday, November 02, 2017 6:34 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] How to Request Information from Title Company?

The title company is probably worried about a claim.
If the property was sold for fair market value, and the net sale proceeds split 4 ways among the three surviving children and the estate of the deceased child, I don?t see why anyone should care about the details of the sale.

Rod Harmon

RODNEY T. HARMON
Attorney at Law
P.O. Box 1066
Bothell, WA 98041
Tel: (425) 402-7800
Fax: (425) 458-9096
www.rodharmon.com<http://www.rodharmon.com<http://www.rodharmon.com%3chttp:/www.rodharmon.com>>
rodharmon at msn.com<mailto:rodharmon at msn.com><mailto:rodharmon at msn.com<mailto:rodharmon at msn.com?>>




From: wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?>> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?>] On Behalf Of Ms. Roberta Armstrong
Sent: Thursday, November 2, 2017 9:35 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com?>>>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com?>>>
Subject: [WSBARP] How to Request Information from Title Company?

Hello Listserve, your guidance is much appreciated... Here's what I know:

? H and W names on deed for their home

? H dies first, his will gives everything to W, no probate

? 1996 W dies, her will is filed in court, $20 fee paid, case number assigned

? W's will gives home to their 4 children equally (C1, C2, C3 and C4)

? 1997 Two of the children (C2 and C3) attempt to quit claim home to themselves. An excise tax affidavit was completed with W as Grantor and C2 and C3 as Grantee.

? 2005 C2 dies

? 2006 C1 coverts will only case to estate, gets letters of testamentary (assuming with non-intervention powers)

? January 2017, C1 completes a lack of probate for C2 indicating his heirs are his surviving wife and two children (one child is a minor)

? February 2017, C1 as personal representative of W?s estate sells home

? May 2017, C2 surviving wife opens his probate and of course C1 is filing claims in C2?s probate for C2 living at W?s home while he worked on getting it ready for sell.

? C3 and C4 are estranged from C1.

It seems to me, C1 as personal representative of W?s estate has the authority to properly sell the home as an asset of the estate (even though the quit claim deed and lack of probate for C2 were unnecessary).

However, something just isn?t sitting well with C2?s surviving wife, primarily because the title company?s manager was not willing to provide her any information even though she identified herself as PR for C2?s estate. Further, she would like to have all the information provided to the title company by C1, like the Statement of Identity for C2, herself, and their children that was completed by C1. But she was told by the manager that she needs to get an attorney to request information from the title company??

Is there something here that I am missing? Why would the title company require her to have an attorney to request such information, specifically when the information is about her, her deceased husband and their two children?

--
Creator of the first on-line Indian Will Production System - CHECK OUT www.NativeWill.org<https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.nativewill.org%2F&data=02%7C01%7Ctalk2much84%40msn.com%7Cf0691cf35e024c54beeb08d522118fbc%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636452381171952331&sdata=0DxmXecoBJpDuMCQ0qwBpdVq%2FMr%2FTTAVKiLlkOjiIks%3D&reserved=0<http://www.NativeWill.org%3chttps:/nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.nativewill.org%2F&data=02%7C01%7Ctalk2much84%40msn.com%7Cf0691cf35e024c54beeb08d522118fbc%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636452381171952331&sdata=0DxmXecoBJpDuMCQ0qwBpdVq%2FMr%2FTTAVKiLlkOjiIks%3D&reserved=0>>

Ms. Roberta Armstrong

Washington State Bar Association No. 42343

Founder and Executive Director

Stewards of Indigenous Resources Endowment,

a Non-Profit Professional Service Corporation

P O Box 2248

Yelm, WA 98597



425.737.5448 | Direct

866.227.6651 | Fax



Roberta at IndianWillsOnWheels.org<mailto:Roberta at IndianWillsOnWheels.org><mailto:Roberta at IndianWillsOnWheels.org<mailto:Roberta at IndianWillsOnWheels.org?>>
www.IndianWillsOnWheels.org<https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.IndianWillsOnWheels.org&data=02%7C01%7Ctalk2much84%40msn.com%7Cf0691cf35e024c54beeb08d522118fbc%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636452381171952331&sdata=TOY5n3Kk8tvq6PPQvLavQDVyIMD%2BgNPFdsxVQcYqJBk%3D&reserved=0<http://www.IndianWillsOnWheels.org%3chttps:/nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.IndianWillsOnWheels.org&data=02%7C01%7Ctalk2much84%40msn.com%7Cf0691cf35e024c54beeb08d522118fbc%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636452381171952331&sdata=TOY5n3Kk8tvq6PPQvLavQDVyIMD%2BgNPFdsxVQcYqJBk%3D&reserved=0>>


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Message: 15
Date: Fri, 3 Nov 2017 17:09:38 +0000
From: Richard Holland <rich at pnwle.com<mailto:rich at pnwle.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Proper Way to Draft a Correction Deed?
Message-ID:
<CY4PR15MB1526CECC41442E04905535B8C55D0 at CY4PR15MB1526.namprd15.prod.outlook.com<mailto:CY4PR15MB1526CECC41442E04905535B8C55D0 at CY4PR15MB1526.namprd15.prod.outlook.com>>

Content-Type: text/plain; charset="us-ascii"

In my experience, if it is a 'clerical error' you get a certified copy and make the cross-out and re-record. That's for misspelling names, or status or address. When I have had to do it with a legal, it is essentially what you have mentioned but rather than 'x'ing out the legal with a typewriter word by word, it's a permanent marker with one big x or something so that the old legal is still essentially legible and the 'corrected' legal is down below it - all preferably and an Exhibit A. HOWEVER, the first thing to do is check with the Title Company you hope will insure this and with the Auditor's office. It can vary by Title Company and by County. Some Auditors want a separate cover page (regardless of whether one would otherwise be needed), for example, so that the 'new' recording number is not on the same page as the 'original' recording number.

Just my experience.


Thanks,

Rich Holland
rich at pnwle.com<mailto:rich at pnwle.com><mailto:rich at pnwle.com<mailto:rich at pnwle.com?>>
603 4th Avenue, Suite 100
Kirkland, WA 98033
877.785.8734 / 866.982.5080 (fax)

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?>] On Behalf Of Catherine Clark
Sent: Friday, November 03, 2017 8:58 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Proper Way to Draft a Correction Deed?

All:

I have discovered that a deed purports to convey my client's property to another (the second deed was filed by the PR of the Estate of the person who sold their property to my client).

How would you prepare a correction deed? Would you get a certified copy of the deed and type on it that it is a correction deed and cross out the legal description of my clients property? Or, would you prepare another deed called "correction deed," explain the situation in that new deed and attach the old deed to this new deed for recording?

Or, do you have a better way?

Let me know.

Thanks.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone: (206) 838-2528
Direct Dial: (206) 274-7941
Cell: (206) 409-8938
Fax: (206) 374-3003
Email: cat at loccc.com<mailto:cat at loccc.com><mailto:cat at loccc.com<mailto:cat at loccc.com?>>

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Message: 16
Date: Fri, 3 Nov 2017 18:07:53 +0000
From: Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Tax Sale Question
Message-ID:
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If the debtors are still in the residence, you need to eject and not use the unlawful detainer laws.

[cid:image001.jpg at 01D35493.FD46AEF0<mailto:image001.jpg at 01D35493.FD46AEF0>]

From: wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?>] On Behalf Of Scott Hildebrand
Sent: Thursday, November 2, 2017 8:35 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Tax Sale Question

Title Gurus
I have a few clients interested in bidding on properties at tax sales. I am assuming that a tax sale will wipe out all encumbrances with the exception of IRS liens and super-priority HOA type liens. Anything else that I should be cautioning about??

Thanks,
Scott Hildebrand
Attorney at Law
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Message: 17
Date: Fri, 3 Nov 2017 11:28:16 -0700
From: "Ms. Roberta Armstrong" <robertaa at uw.edu<mailto:robertaa at uw.edu>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] How to Request Information from Title Company?
Message-ID:
<CAMfCbay5VvtC_kUvL7M2Y7Dwdbk+_SAmnSQwObmcML7Nn5+gGw at mail.gmail.com<mailto:CAMfCbay5VvtC_kUvL7M2Y7Dwdbk+_SAmnSQwObmcML7Nn5+gGw at mail.gmail.com>>
Content-Type: text/plain; charset="utf-8"

Thank you for the replies...

Seems to me that C2 is a party, since C2 is an heir of H and of W. There's
no recorded transfer from H's interest in the home to W. Thus C2 has
interest in H's portion...?

On Fri, Nov 3, 2017 at 10:06 AM, John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>> wrote:

> And, as I understand the facts, C2 was not a party to the current
> transaction. As such, I don?t believe the title company was authorized to
> give C2 any information about the sale.
>
>
>
> John McCrady
>
> Counsel
>
> Puget Sound Title Company
>
> 5350 Orchard Street West
>
> University Place WA 98467
>
> 253-476-5721 <(253)%20476-5721>
>
> j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists<mailto:wsbarp-bounces at lists?>.
> wsbarppt.com] *On Behalf Of *Rod Harmon
> *Sent:* Thursday, November 02, 2017 6:34 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
> *Subject:* Re: [WSBARP] How to Request Information from Title Company?
>
>
>
> The title company is probably worried about a claim.
>
> If the property was sold for fair market value, and the net sale proceeds
> split 4 ways among the three surviving children and the estate of the
> deceased child, I don?t see why anyone should care about the details of the
> sale.
>
>
>
> Rod Harmon
>
>
>
> *RODNEY T. HARMON*
>
> * Attorney at Law*
>
> P.O. Box 1066
>
> Bothell, WA 98041
>
> Tel: (425) 402-7800
>
> Fax: (425) 458-9096
>
> www.rodharmon.com<http://www.rodharmon.com>
>
> rodharmon at msn.com<mailto:rodharmon at msn.com>
>
>
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists<mailto:wsbarp-bounces at lists?>.
> wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com<mailto:bounces at lists.wsbarppt.com>>] *On Behalf Of *Ms.
> Roberta Armstrong
> *Sent:* Thursday, November 2, 2017 9:35 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; WSBA
> Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
> *Subject:* [WSBARP] How to Request Information from Title Company?
>
>
>
> Hello Listserve, your guidance is much appreciated... Here's what I know:
>
> ? H and W names on deed for their home
>
> ? H dies first, his will gives everything to W, no probate
>
> ? 1996 W dies, her will is filed in court, $20 fee paid, case
> number assigned
>
> ? W's will gives home to their 4 children equally (C1, C2, C3 and
> C4)
>
> ? 1997 Two of the children (C2 and C3) attempt to quit claim home
> to themselves. An excise tax affidavit was completed with W as Grantor and
> C2 and C3 as Grantee.
>
> ? 2005 C2 dies
>
> ? 2006 C1 coverts will only case to estate, gets letters of
> testamentary (assuming with non-intervention powers)
>
> ? January 2017, C1 completes a lack of probate for C2 indicating
> his heirs are his surviving wife and two children (one child is a minor)
>
> ? February 2017, C1 as personal representative of W?s estate
> sells home
>
> ? May 2017, C2 surviving wife opens his probate and of course C1
> is filing claims in C2?s probate for C2 living at W?s home while he worked
> on getting it ready for sell.
>
> ? C3 and C4 are estranged from C1.
>
>
>
> It seems to me, C1 as personal representative of W?s estate has the
> authority to properly sell the home as an asset of the estate *(even
> though the quit claim deed and lack of probate for C2 were unnecessary).*
>
>
>
> However, something just isn?t sitting well with C2?s surviving wife,
> primarily because the title company?s manager was not willing to provide
> her any information even though she identified herself as PR for C2?s
> estate. Further, she would like to have all the information provided to the
> title company by C1, like the Statement of Identity for C2, herself, and
> their children that was completed by C1. But she was told by the manager
> that she needs to get an attorney to request information from the title
> company??
>
>
>
> Is there something here that I am missing? Why would the title company
> require her to have an attorney to request such information, specifically
> when the information is about her, her deceased husband and their two
> children?
>
>
>
> --
>
> *Creator of the first on-line Indian Will Production System **- **CHECK
> OUT **www.NativeWill.org*<http://www.NativeWill.org*>
> <https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.nativewill.org%2F&data=02%7C01%7Ctalk2much84%40msn.com%7Cf0691cf35e024c54beeb08d522118fbc%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636452381171952331&sdata=0DxmXecoBJpDuMCQ0qwBpdVq%2FMr%2FTTAVKiLlkOjiIks%3D&reserved=0>
>
>
>
>
> *Ms. Roberta Armstrong*
>
> Washington State Bar Association No. 42343
>
> Founder and Executive Director
>
> Stewards of Indigenous Resources Endowment,
>
> *a Non-Profit Professional Service Corporation *
>
> P O Box 2248
>
> Yelm, WA 98597
>
>
>
> 425.737.5448 <(425)%20737-5448> | Direct
>
> 866.227.6651 <(866)%20227-6651> | Fax
>
>
>
> Roberta at IndianWillsOnWheels.org<mailto:Roberta at IndianWillsOnWheels.org>
>
> www.IndianWillsOnWheels.org<http://www.IndianWillsOnWheels.org>
> <https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.IndianWillsOnWheels.org&data=02%7C01%7Ctalk2much84%40msn.com%7Cf0691cf35e024c54beeb08d522118fbc%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636452381171952331&sdata=TOY5n3Kk8tvq6PPQvLavQDVyIMD%2BgNPFdsxVQcYqJBk%3D&reserved=0>
>
>
>
> Please note that the contents of this e-mail message are confidential and
> may be legally privileged, being intended for the named recipient. Please
> do not reproduce or transmit this message without permission of the
> sender. If you have received this message in error notify the sender to
> inform them of the inadvertent mistake and then delete this message from
> your computer and server. Thank you in advance for your adherence.
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>



--
*Creator of the first on-line Indian Will Production System - CHECK OUT *
*www.NativeWill.org*<http://www.NativeWill.org*> <http://www.nativewill.org/>

*Ms. Roberta Armstrong*

Washington State Bar Association No. 42343

Founder and Executive Director

Stewards of Indigenous Resources Endowment,

*a Non-Profit Professional Service Corporation *

P O Box 2248

Yelm, WA 98597



425.737.5448 | Direct

866.227.6651 | Fax



Roberta at IndianWillsOnWheels.org<mailto:Roberta at IndianWillsOnWheels.org>
www.IndianWillsOnWheels.org<http://www.IndianWillsOnWheels.org>

Please note that the contents of this e-mail message are confidential and
may be legally privileged, being intended for the named recipient. Please
do not reproduce or transmit this message without permission of the
sender. If you have received this message in error notify the sender to
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