[WSBARP] Acknowledgements

Fri Sep 14 12:37:08 PDT 2018

I sent the new notary acknowledgment to a Texas attorney who is preparing a
Texas deed for me to be signed in Washington. He was not comfortable using
the new statute at all and wasn't sure the Texas county would allow
recording. We ended up using the previous version of the short form
acknowledgement.

[image: photo]
*Chandra M. Lewnau*
Elder Law & Estate Planning, Wall Group Law

425.670.1560 | chandra at wallgrouplaw.com

www.wallgrouplaw.com | Skype: clewnau <#>
51 West Dayton St., Suite 305, Edmonds, WA 98020
<http://linkedin.com/in/chandralewnau> <http://twitter.com/lawspotting>
<http://scheduleonce.com/chandralewnau> Schedule an appointment online
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On Thu, Sep 13, 2018 at 2:46 PM, Jeanne Dawes <jjdawes at goregrewe.com> wrote:

> We did argue breach of contract in the lower court.  I moved for summary
> judgment and won.  However, that was ignored by the appellate court, and
> the appellate court allowed an argument by appellant that was not argued at
> the lower level.  And, yes, the NWMLS people should amend the PSA to
> address recovery of attorney fees by the buyer or seller (whoever prevails
> in the interpleader action) in the event the earnest money is interplead
> into the court.
>
>
>
> *Jeanne*
>
>
>
> *Jeanne J.* *Dawes*
>
> Attorney at Law
>
> Gore & Grewe, P.S.
>
> 103 E. Indiana Avenue, Suite A
>
> Spokane, WA 99207-2317
>
> Voice:  509-326-7500
>
> Fax:      509-326-7503
>
> jjdawes at goregrewe.com
>
>
>
> [image: cid:7029b209-7d72-4ff3-a3f4-7f0f7da9282c]
>
> INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND
> CONFIDENTIAL.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.
> wsbarppt.com> *On Behalf Of *Paul Neumiller
> *Sent:* Thursday, September 13, 2018 12:44 PM
>
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Acknowledgements
>
>
>
> Well, that seems incredibly unfair and an example of form over substance.
> Under these circumstances, once a title company interpleads the deposit,
> then the deposit is just going to sit there (unless it’s a large amount)
> because it, most likely, will not be worth the cost in attorney fees in
> trying to get the money.  Maybe it’s a matter if artful pleading.  I wonder
> if the result would have be the same if Buyer had pled that Seller breached
> the contract either by not delivering the property in the manner
> represented or by refusing to return the money.  Maybe the broker people
> can amend the NWMLS forms to add to the attorney fees clause the
> possibility of defending in an interpleader action.
>
>
>
>
>
> [image: Paul A Neumiller]
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.
> wsbarppt.com> *On Behalf Of *Jeanne Dawes
> *Sent:* Thursday, September 13, 2018 12:06 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Acknowledgements
>
>
>
> T&B Washington v. Dullanty
> 3 Wn. App. 2d 447 | 416 P.3d 722 | 2018 Wash. App. LEXIS 1017
>
>
>
> *Jeanne*
>
>
>
> *Jeanne J.* *Dawes*
>
> Attorney at Law
>
> Gore & Grewe, P.S.
>
> 103 E. Indiana Avenue, Suite A
>
> Spokane, WA 99207-2317
>
> Voice:  509-326-7500
>
> Fax:      509-326-7503
>
> jjdawes at goregrewe.com
>
>
>
> [image: cid:7029b209-7d72-4ff3-a3f4-7f0f7da9282c]
>
> INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND
> CONFIDENTIAL.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.
> wsbarppt.com> *On Behalf Of *John McCrady
> *Sent:* Thursday, September 13, 2018 11:55 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Acknowledgements
>
>
>
> 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 <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
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <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) <
> 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
>
>
>
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