[WSBARP] Real Estate Contract and Ownership

[Jay Goldstein]

QT is the way to go-we handle a fair volume of real estate contracts and from time to time need to quiet title when seller has not provided fulfillment deed and passed on.

Jay A. Goldstein
Of Counsel
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1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Hildebrand
Sent: Tuesday, January 23, 2018 9:33 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Real Estate Contract and Ownership

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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