[WSBARP] Acknowledgements

Fri Sep 14 13:08:34 PDT 2018

I always try to use the notary acknowledgment common to the state of recording. It avoids those situation where recording clerks practice law and refuse to record the document.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Chandra Lewnau
Sent: Friday, September 14, 2018 12:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Acknowledgements

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.

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	Chandra M. Lewnau
Elder Law & Estate Planning, Wall Group Law 

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On Thu, Sep 13, 2018 at 2:46 PM, Jeanne Dawes <jjdawes at goregrewe.com <mailto: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 <mailto:jjdawes at goregrewe.com> 

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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 Paul Neumiller
Sent: Thursday, September 13, 2018 12:44 PM

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto: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.  

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 Jeanne Dawes
Sent: Thursday, September 13, 2018 12:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto: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

 <mailto:jjdawes at goregrewe.com> jjdawes at goregrewe.com

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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: Thursday, September 13, 2018 11:55 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto: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 <mailto:j.mccrady at pstitle.com> 

From: wsbarp-bounces at lists.wsbarppt.com <mailto: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 <mailto: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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