[WSBARP] Error on QCD and Grantor is now deceased

Fri Dec 13 12:14:23 PST 2019

Sorry to be so late to the game; I do believe that correcting and re-recording an auditor’s certified copy of the deed would pass muster with any title company.

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] On Behalf Of Julie Martiniello
Sent: Thursday, December 12, 2019 1:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Error on QCD and Grantor is now deceased

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<mailto: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<https://r.xdref.com/?id=xBCLu8Ff061560&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.wahtitle.com>
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From: <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Julie Martiniello <julie at dimensionlaw.com<mailto:julie at dimensionlaw.com>>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Date: Thursday, December 12, 2019 at 10:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<https://r.xdref.com/?id=xBCLu8Ff061560&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://dimensionlaw.com>| www.dimensionlaw.com<https://r.xdref.com/?id=xBCLu8Ff061560&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://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 at dimensionlaw.com|<mailto:JULIE at dimensionlaw.com|> www.dimensionlaw.com<https://r.xdref.com/?id=xBCLu8Ff061560&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.dimensionlaw.com/>

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PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended 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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