[WSBARP] Error on QCD and Grantor is now deceased

[Julie Martiniello]

Thanks everyone for the input- some good suggestions in here. I was also
thinking to give the title officer we work with a call and get a reading
from her on this as well like Jennifer suggested.

On Thu, Dec 12, 2019 at 12:40 PM Jennifer Johnson <jmhanigan at cni.net> wrote:

> 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
>
> [image: cid:image001.jpg at 01D282BD.7BF1A6F0]
>
>
>
>
>
>
>
> *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*@dimensionlaw.com
> <http://dimensionlaw.com>*| www.dimensionlaw.com
>
>
>
>
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-- 
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*@dimensionlaw.com*|
www.dimensionlaw.com


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recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. Attempts to intercept 
this message are in violation of 18 USC 2511(1) of the Electronic 
Communications Privacy Act, which subjects the interceptor to fines, 
imprisonment and/or civil damages. If you have received this e-mail in 
error, please immediately notify us by e-mail, facsimile, or telephone; 
return the e-mail to us at the e-mail address below; and destroy all paper 
and electronic copies. Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 
DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I 
inform you that any U.S. tax advice contained in this communication 
(including any attachments) is not intended or written to be used, and 
cannot be used, for the purpose of (i) avoiding penalties under the 
Internal Revenue Code; or (ii) promoting, marketing or recommending to 
another party any transaction or tax-related matter addressed herein. 
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