[WSBARP] Error on QCD and Grantor is now deceased

Thu Dec 12 12:37:39 PST 2019

You could ask whichever title officer you work with if it would be acceptable to get a certified copy of the QCD from the Auditor, correct the incorrect number, and file it as a re-record.  I’ve seen other title companies pass on those when they’ve determined that it is a scrivenor’s error.  Whether this would pass a legal challenge is up for debate, but that and a title company’s willingness to insure might make your client feel better.

Jennifer

Jennifer M. Johnson
Attorney / Title Officer
Wahkiakum Title & Escrow Company
P.O. Box 39 / 68 Main Street
Cathlamet, WA 98612
(360) 795-3741
(360) 795-3001 (f)
www.wahtitle.com

From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of Julie Martiniello <julie at dimensionlaw.com>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Date: Thursday, December 12, 2019 at 10:51 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| www.dimensionlaw.com

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