[WSBARP] Real Estate Contract and Ownership

[Kary Krismer]

The question though is seemingly the grantor of the REK (or their 
assignee) trying to quiet title on a buyer who is not in default.

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

On 1/24/2018 8:24 AM, Jay Goldstein wrote:
>
> 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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> *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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