[WSBARP] Real Estate Contract and Ownership

[Kary Krismer]

Absent a default, correct, and even then I think you'd likely have to go 
through the statutory procedure for forfeit out the interest.

You might want to look at Cascade Security Bank v. Butler, 88 Wn2d 777 
(1977) and maybe even Freeborn v. Seattle Trust, 94 Wn.2d 336 (1980), 
although to some extent these cases deal with perfection issues.

Kary L. Krismer
John L. Scott/KMS Renton
206 723-2148

On 1/23/2018 9:33 PM, Scott Hildebrand wrote:
>
> In Washington, we hardly ever deal with these things, so I thought I 
> would throw it out to the group.
>
> I have a client who is trying to buy a house from someone who is the 
> heir of the owner who gave a real estate contract to the current 
> purported owner of the property.
>
> The purported owner has recorded no deed, but has recorded a real 
> estate contract which includes phrasing that, upon completion of the 
> payments, the buyer will receive a fulfillment deed.
>
> Apparently, something has gone wrong and the party granting a real 
> estate contract wants to renig and sell to my client. They are arguing 
> that the purported owner does not hold title because he never recorded 
> a deed.
>
> I recall, from those many years ago, that a real estate contract or a 
> “contract for deed” gives all the trappings of ownership to the buyer, 
> they just do not get a deed until their obligations are fulfilled, 
> correct?
>
> So the question is, can I file a quiet title action to establish 
> ownership in the party granting the real estate contract. Methinks the 
> answer is no..no??
>
> Thanks in advance,
>
> Scott Hildebrand
>
>
>
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