[WSBARP] Acknowledgements

Thu Sep 13 11:54:42 PDT 2018

That is the problem with working with an older copy of the statute!  Thanks for pointing that out.
I am more than somewhat surprised that this change was made; the representations made on the short form acknowledgement are really minimal and provide insufficient assurances for the transaction.

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 Wheeler, Doug
Sent: Thursday, September 13, 2018 11:18 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Acknowledgements

I believe the lenders are on solid ground.  RCW 64.08.060 and .070 expressly state that, after December 31, 1985, acknowledgments in substantially in the form set forth in RCW 42.45.140(1) and .140(2), "shall be sufficient for the purposes of this chapter [RCW 64.08] and for any acknowledgment required to be taken in accordance with this chapter."

Doug Wheeler
General Counsel
Vacation Internationale
1417 116th Avenue NE
Bellevue, WA  98004
(425) 454-3065 Ext. 1208
DWheeler at viresorts.com<mailto:DWheeler at viresorts.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of John McCrady
Sent: September 13, 2018 10:18 AM
To: WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM<mailto:wsbarp at LISTS.WSBARPPT.COM>) <wsbarp at LISTS.WSBARPPT.COM<mailto:wsbarp at LISTS.WSBARPPT.COM>>
Subject: [WSBARP] Acknowledgements

I would appreciate the wisdom of the collective:
The legislature passed the revised Uniform Law on Notarial Acts, RCW 42.45
RCW 42.45.140 sets forth "Short Form Certificates" which "are sufficient for the purposes indicated..."
The short form acknowledgement For individual capacity reads:
State of .......
County of .......
This record was acknowledged before me on (date) by (name(s) of individuals).

. . . .

(Signature of notary public)

(Stamp)

. . . .

(Title of office)

My commission expires:

. . . .

(date)

The short form for a representative capacity reads:

State of .......
County of .......
This record was acknowledged before me on (date) by (name(s) of individuals) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).

. . . .

(Signature of notary public)

(Stamp)

. . . .

(Title of office)

My commission expires:

. . . .

(date)

RCW 61.12.010 states that "Encumbrances shall be by deed."  (the most concise statute ever written.)
RCW 64 (Real Property and Conveyances) includes provisions for acknowledgement of real property instruments.
RCW 64.08.050 states that the certificate shall certify that the person signing is:
1)      Known to be, or determined by satisfactory evidence to be, the person whose name is on the document.
2)      That the person executed voluntarily and freely.

RCW 64.060 and 64.070 contain the forms for individual acknowledgements and corporation acknowledgements, respectively.  The corporation acknowledgement set forth in 070 contains a recital that the person signing for the corporation "on oath stated that he or she was authorized to execute the instrument.."

Lenders are starting to prepare their documents using the short form acknowledgements; my opinion is that the short form acknowledgments are not acceptable for real estate transactions, and that RCW 64.08.050, 60, 70 still control real estate acknowledgements.

Has anyone considered this matter?  I don't want to be a sole dissenter......

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

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