[WSBARP] WSBARP Digest, Vol 40, Issue 19
Stephen Whitehouse
swhite8893 at aol.com
Thu Jan 25 09:19:39 PST 2018
Scott,
The estate cannot sell to your client. The estate can only assign out the vendor's interest in the contract. The current buyer has a right to a deed upon fulfillment of the contract. That right can only be taken away by agreement of a forfeiture action. The current buyer has a problem in that if a deed was not put into escrow, the only person who can execute a deed it the PR. If the estate closes, there is no PR.
I have a situation like that now and after discussions of how to resolve it, the estate has agreed to just stay open to execute a deed when the contract becomes fully due.
When I get involved in real estate contracts, I set up a contract collection account and escrow. A deed is executed but not delivered, but held by the contract collection company with authority to record it when their records show the contract was fulfilled.
Steve
Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com
-----Original Message-----
From: wsbarp-request <wsbarp-request at lists.wsbarppt.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Wed, Jan 24, 2018 12:00 pm
Subject: WSBARP Digest, Vol 40, Issue 19
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Today's Topics:
1. King County Appraisers (Seattle area) (Lisa Chiang)
2. Re: King County Appraisers (Seattle area) (Ralph Maimon)
3. Real Estate Appraiser/ South End (Kristina Driessen)
4. Re: Real Estate Appraiser/ South End (Douglas W. Scott)
5. Real Estate Contract and Ownership (Scott Hildebrand)
6. Re: Real Estate Contract and Ownership (Kary Krismer)
7. Re: Real Estate Contract and Ownership (Jay Goldstein)
8. Re: Real Estate Contract and Ownership (Kary Krismer)
9. Online Notary Services (Kary Krismer)
10. Re: Real Estate Contract and Ownership (John McCrady)
11. Land Use Referral - Benton County (Matt Johnson)
----------------------------------------------------------------------
Message: 1
Date: Tue, 23 Jan 2018 12:54:42 -0800
From: Lisa Chiang <feesimple7 at gmail.com>
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] King County Appraisers (Seattle area)
Message-ID:
<CAP1iqxvBEs6d_k1gRs6DmUcauU5MOjbjafYLm7GqtyDMLU9f0w at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Dear listmates,
I am looking for experienced appraisers in King County (Seattle area) for a
residential transaction.
Feel free to reply to the list, or to me offlist.
Thank you in advance,
Lisa
--
*International estate planning and settlement, trusts? &? real estate*
206.569.8838
This electronic mail transmission and any accompanying documents contain
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or entity to whom this electronic mail transmission was sent as indicated
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you.
*Circular 230 Disclaimer*. Any U.S. federal tax advice contained in this
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the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
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Message: 2
Date: Tue, 23 Jan 2018 21:23:48 +0000
From: Ralph Maimon <rmaimon at maimonlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] King County Appraisers (Seattle area)
Message-ID:
<BY2PR01MB44386467575F53C86B0501EBDE30 at BY2PR01MB443.prod.exchangelabs.com>
Content-Type: text/plain; charset="utf-8"
www.hassonappraisalservice.com<http://www.hassonappraisalservice.com>
Joseph Hasson - 206 779-5639
Ralph Maimon
LAW OFFICE OF RALPH MAIMON, P.S.
2811 E. Madison Street, Suite 202
Seattle, WA 98112
(206) 323-0911 Office
(206) 462 1505 Fax
rmaimon at maimonlaw.com<mailto:rmaimon at maimonlaw.com>
www.maimonlaw.com
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Lisa Chiang
Sent: Tuesday, January 23, 2018 12:55 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] King County Appraisers (Seattle area)
Dear listmates,
I am looking for experienced appraisers in King County (Seattle area) for a residential transaction.
Feel free to reply to the list, or to me offlist.
Thank you in advance,
Lisa
--
International estate planning and settlement, trusts
? &?
real estate
206.569.8838
This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please delete the message. Thank you.
Circular 230 Disclaimer. Any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and may not 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 matter addressed herein.
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Message: 3
Date: Tue, 23 Jan 2018 22:36:23 +0000
From: Kristina Driessen <kristina at rdattys.comcastbiz.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Real Estate Appraiser/ South End
Message-ID:
<CY4PR16MB00219C678018D0FAEAAC2046FCE30 at CY4PR16MB0021.namprd16.prod.outlook.com>
Content-Type: text/plain; charset="iso-8859-1"
Can anyone recommend an appraiser in the south end for real property in an estate? Also if you have any idea how much they charge that would be wonderful.
Kristina Driessen
16 A Street SE
Auburn, WA 98002
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Message: 4
Date: Tue, 23 Jan 2018 23:08:23 +0000
From: "Douglas W. Scott" <doug at davisscottlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Real Estate Appraiser/ South End
Message-ID:
<B53EA1F6F4C2654690E6CD24624688BAAD599EC7 at mbx031-e1-va-2.exch031.domain.local>
Content-Type: text/plain; charset="us-ascii"
James Deifendorfer of Puyallup 253 445 4235 does these for estates in South King County and Pierce County. He's normally reasonable.
Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V. 425.392.8550
F. 425-392-2829
www.davisscottlaw.com<http://www.davisscottlaw.com/>
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kristina Driessen
Sent: Tuesday, January 23, 2018 2:36 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Real Estate Appraiser/ South End
Can anyone recommend an appraiser in the south end for real property in an estate? Also if you have any idea how much they charge that would be wonderful.
Kristina Driessen
16 A Street SE
Auburn, WA 98002
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Message: 5
Date: Tue, 23 Jan 2018 21:33:18 -0800
From: "Scott Hildebrand" <scott at starboard-strategies.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Real Estate Contract and Ownership
Message-ID: <005601d394d4$d7d7fb70$8787f250$@starboard-strategies.com>
Content-Type: text/plain; charset="us-ascii"
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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Message: 6
Date: Wed, 24 Jan 2018 06:49:55 -0800
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Real Estate Contract and Ownership
Message-ID: <65024d2f-cc17-da9e-0c88-7ea35fef5197 at comcast.net>
Content-Type: text/plain; charset="windows-1252"; Format="flowed"
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
>
>
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 7
Date: Wed, 24 Jan 2018 16:24:09 +0000
From: Jay Goldstein <jay at jaglaw.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Real Estate Contract and Ownership
Message-ID:
<MWHPR12MB1727CFE6E6173A4F32417FE2CFE20 at MWHPR12MB1727.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
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
[Logo Color 946x243 pixels]
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>
Nothing contained herein should be construed as legal advice.
The purpose of this email is to transmit a message or document.
Should you not be the intended recipient of this email message,
please reply advising of the mistake and then delete this message
from your computer. Should you have any questions,
please call the Sender at 360-352-1970.
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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Message: 8
Date: Wed, 24 Jan 2018 08:34:59 -0800
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Real Estate Contract and Ownership
Message-ID: <8cb5086a-3b2f-cd3b-6e72-f270ab7a1620 at comcast.net>
Content-Type: text/plain; charset="windows-1252"; Format="flowed"
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
>
> *Logo Color 946x243 pixels*
>
> 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>_
>
> **
>
> Nothing contained herein should be construed as legal advice.
>
> The purpose of this email is to transmit a message or document.
>
> Should you not be the intended recipient of this email message,
>
> please reply advising of the mistake and then delete this message
>
> from your computer. Should you have any questions,
>
> please call the Sender at 360-352-1970.
>
> *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
>
>
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 9
Date: Wed, 24 Jan 2018 08:36:40 -0800
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Online Notary Services
Message-ID: <dbf1636f-5492-565c-efde-62d062786d1a at comcast.net>
Content-Type: text/plain; charset="windows-1252"; Format="flowed"
Stewart Title/Escrow is apparently offering online notary services. It
sounds like a combination of electronic signatures and video
conferencing, and it?s apparently accepted by Freddie and Fannie, but I
suspect some lenders won?t allow it even on those loans.
I could see this would be very convenient in almost every situation, in
part due to the fact that the electronic signature process would speed
things up considerably.? But I'm not so sure about accepting a warranty
deed signed and notarized electronically.? What are other peoples'
thoughts?? Is it worth adding a clause to a P&S contract saying the deed
cannot be signed electronically?
http://view.exacttarget.com/?qs=8c21b6d924e5d59a8506076ce416dabaa9fcdedd1ca05df02802e4eacbcc1e223aa46e329b518721c56321ac1000cad908e0820d55544931c18c1d114b79ee114e89b1d829d1d88b
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
>
> *Logo Color 946x243 pixels*
>
> 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>_
>
> **
>
> Nothing contained herein should be construed as legal advice.
>
> The purpose of this email is to transmit a message or document.
>
> Should you not be the intended recipient of this email message,
>
> please reply advising of the mistake and then delete this message
>
> from your computer. Should you have any questions,
>
> please call the Sender at 360-352-1970.
>
> *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
>
>
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 10
Date: Wed, 24 Jan 2018 08:44:49 -0800
From: John McCrady <j.mccrady at pstitle.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Real Estate Contract and Ownership
Message-ID:
<A8106026B40C9544A17DC5E44A2003EE022A7A311A6A at PSTMAILV.pstitle.com>
Content-Type: text/plain; charset="us-ascii"
See also:
Griffith v. Whittier, 37 Wn 2d 351; Kendrick v. Davis 75 Wn 2d 1456; Norlen v. Montgomery, 59 Wn 2d 269; Desmond v. Shotwell, 142 Wash 187
Basically, the courts so construed Real Estate Contracts in such a way that a contract purchaser has all the elements of ownership except what we sometimes call the "naked fee", and the Real Estate Contract is really a species of mortgage.
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kary Krismer
Sent: Wednesday, January 24, 2018 6:50 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Real Estate Contract and Ownership
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
_______________________________________________
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: 11
Date: Wed, 24 Jan 2018 17:30:16 +0000
From: Matt Johnson <Matt at gravislaw.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Land Use Referral - Benton County
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All,
I am attempting to find someone well versed in conforming / non-conforming land use proceedings and disputes practicing in the Benton/Franklin County areas to assist us with a commercial matter.
Any recommendations would be greatly appreciated.
Regards,
Matthew R. Johnson | Attorney at Law
Schedule an Appointment<https://gravislaw.acuityscheduling.com/>
Partner - Gravis Law, PLLC
P.O. Box 182 | 350 E. Main St.
Dayton, WA 99328
O-(509) 382-2030
F-(866) 419-9269
Website <https://www.gravislaw.com/> - LinkedIn<https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a>
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act (EPCA), 18 U.S.C., Sec. 2510 - 2522, is confidential and privileged. This email is solely for the personal and confidential use of the recipient(s) named above. Receipt by anyone other than the individual recipient(s) is NOT a waiver of attorney-client privilege. Any violation of the ECPA is subject to the penalties stated therein. If you have received this message in error, please notify me immediately by reply e-mail to matt at gravislaw.com<mailto:matt at gravislaw.com> and immediately delete the original message.
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