[WSBARP] Error on QCD and Grantor is now deceased

[Eric Nelsen]

If the deed is 20 years old and client has been living there and paying property taxes the whole time, I think there's a good chance a title insurance company would be willing to insure around the scrivener's error. You also could look at the divorce decree, and see if perhaps the error is not in that document; that might help reassure a title company. Also look at the pre-divorce deed when the spouses first purchased. All of that could be good evidence that would reassure all involved that the scrivener's error won't be a problem.

I know the client is looking for "assurance," but the price of true, absolute assurance is probably doing a quiet title to correct the legal description. Or, the cheaper version is talking to a title officer and get some informal reassurance-while recognizing that anything the title officer says isn't actually a commitment; it's just an opinion that offers some level of likelihood that there won't be a future problem.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Julie Martiniello
Sent: Thursday, December 12, 2019 10:50 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Error on QCD and Grantor is now deceased

In drafting a transfer on death deed for a client we noticed that there is a scrivener's error in the QCD granting her the full property from 20  years ago. The legal description has Div #3 and it should be Div #5. This was pursuant to a legal separation. Ex-spouse passed away 15 years ago, so where I would usually do a correction deed, the Grantor is no longer around to sign it. The original deed is nowhere to be found either.  Even if we found it, the Grantor is deceased so cannot sign the REETA.

My client would like some assurance that this will not create a huge issue down the line if she decides to sell or more troubling if the child inherits and then decide to sell the property.

Any of the title attorneys in here or other attorneys here have a suggestion on how she can "clear" title without having to spend a bunch of time and money on this?  Opening a probate for the ex-spouse popped into my head, but seems like a lot of trouble for this. Is there anything else that can be done?

--
Respectfully,

JULIE A. MARTINIELLO | PARTNER | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: JULIE at dimensionlaw.com|<mailto:JULIE at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>


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