[WSBARP] Who signs a corrected quit claim deed?

[Cyrus Field]

I just had this issue come up in a probate where I used the legal
description from 6 previously filed deeds, including PR and gifting deeds
from parent's estates from 15 years ago. While legal description included
Lot and name of short plat and county, it was missing book and page number
of plat. Fixing old deeds would have required re-opening old probates in
King county, new REETS and fees. I spoke to local title officer who said (at
the moment anyways), they would insure title under that situation. After
talking to client, we decided to take no further action at this time but
when we transfer her beneficial interest to her RLT we'll use full legal
description.

 

Which raises an un- related issue: short of a TEDRA agreement, what does a
PR need to deed strait to beneficiary's RLT? The few times beneficiary has
had a RLT, I've used a 2 step process but I wonder if that is really
necessary. Thanks in advance, Cy

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis
St. Friday Harbor, WA

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bickel, Dwight
Sent: Monday, October 08, 2018 10:31 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Who signs a corrected quit claim deed?

 

Kary - You are wise. The "scrivener's error" theory that a document can be
changed without requiring a signature (or initial) of the grantor PLUS a new
acknowledgement is very, very limited.  It has to be a patent error, which
means you can see from the erroneous document that there was an error.  It
has to be in the legal chain of title without the correction. 

 

A "typographical error of the legal description" can be a scrivener's error
that can be corrected by a new corrected recording that is done by the title
company. An obvious misspelling of words is clearly a scrivenor's error,
which probably does not need correcting at all.  A call to go "12.7 feet to
a pint on the Wset lin of the secshun" is an example. 

 

However, a mistaken lot number is also a typographical error [lot 4 was
intended but Lot 40 is on the deed]. Often that cannot be corrected without
a grantor signature and acknowledgement. Lot 40 of a 4-lot short plat is a
patent error. But if there is both a lot 4 and 40, then the error is not
patent. If the grantor also owns Lot 40, then the mistake is latent and not
a scrivener's error that can be done without a new grantor signature and
acknowledgement. There is no indication on the incorrect document that Lot
40 is an error.

 

A typo to the grantee's spelling of the name is an easy and clear
scrivener's error. But a significant error on the grantor's spelling means
that the deed is not in the legal chain of title. Our chain of title is
based on a grantor-grantee name search.  A deed from Schmitz is not in the
chain of title from Schmidt. 

 

A typo on the name of the subdivision can be a scrivener's error if there is
no other plat of that name.  A call in a legal description to go 1.27' feet
to a point on the west line of the subdivision is a scrivener's error if it
is 12.7' feet to that point. But a call in a legal description to go East
instead of West probably puts that outside the chain of title. Clearly not
possible if the grantor owns the mistaken land too. 

 

Too many people think that a new recording can done of an altered deed
without a new acknowledgment. Even if a title company uses the scrivener's
error theory and insures validity, a wise and appropriately conservative
real property lawyer might want a new document with a new grantor signature
and acknowledgement. Getting the document recorded does not mean it is in
the legal chain of title. Getting the document recorded does not ensure it
will withstand a Statute of Frauds challenge.

 

 

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