[WSBARP] RCW 6.28 Commissioners to Convey Real Estate

Jayne Gilbert jgilbertatty at gmail.com
Wed Sep 20 17:09:49 PDT 2017


Just a hint from something that went awry in a probate-check with the title
company first. Went through a similar process and then they would not
insure even with a Court order. Time was of the essence re the sale, the
recalcitrant party was in CA and we just "lucked out" that the recalcitrant
one "gave up" and finally executed a Quit Claim deed which arrived on the
day for closing. Even with that the title company insisted on speaking with
the party from CA. Horrible experience that turned out okay, barely.

On Wed, Sep 20, 2017 at 2:43 PM, Nick Bergh <nick at gnbergh.com> wrote:

> I’ve done this a couple of times. I usually include in the judgment that a
> named third party (usually counsel) is authorized to execute the deed – it
> gets the court out of the loop, beyond signing the order. The deed should
> reference the judgment/order authorizing the signing, and should be
> notarized. CR 70 also allows a court to authorize a third party to execute
> a deed if the judgment debtor won’t.
>
>
>
> ________________________
>
> Nick Bergh
>
> Law Office of G N Bergh
>
> 2006 South Post Street
>
> Spokane WA 99203-2049
>
> ph 509-624-4295 <(509)%20624-4295>  | fx 509-344-1844 <(509)%20344-1844>
>
> nick at gnbergh.com
>
> www.gnbergh.com
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *Kristen Anderson
> *Sent:* Wednesday, September 20, 2017 2:13 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] RCW 6.28 Commissioners to Convey Real Estate
>
>
>
> Has anyone on the list had occasion to use RCW 6.28 which allows a
> commissioner to sign a deed for real estate when the grantee who is
> required to do so by judgment or order refuses to do so.  If so, I would
> really appreciate some assistance with that.  For instance, if the
> Commissioner signs the quit claim deed, does his or her signature need to
> be notarized?  Seems kind of silly, but …..  Also, it looks like a superior
> court judge has to authorize the commissioner to sign the deed, and it
> looks like the deed has to have the judge’s signature as well.
>
>
>
> Anyway, any help would be much appreciated!
>
>
>
> *Kristen Anderson*
>
> *Law Office of Kristen Anderson, PLLC*
>
> *1455 NW Leary Way, Suite 400*
>
> *Seattle, WA  98107*
>
> *206-499-7900 <(206)%20499-7900>*
>
>
>
>
>
>
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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