[WSBARP] QCD under declaration of penalty

[Eric Nelsen]

I don't think that is permitted. A deed must be under a notarized acknowledgment, which isn't the same as simply swearing under oath.

Acknowledgment versus oath, compare RCW 42.45.030(1) and (2)<https://app.leg.wa.gov/RCW/default.aspx?cite=42.45.030>. See also RCW 9A.72.085<https://app.leg.wa.gov/rcw/default.aspx?cite=9A.72.085>, which is the statute that allows a declaration under penalty of perjury to substitute for a "sworn written statement, declaration, verification, certificate, oath, or affidavit." Note that the list of allowed substitutions does not include for a notary acknowledgment See also section (4) of RCW 9A.72.085, which reads:

(4) This section does not apply to writings requiring an acknowledgment, depositions, oaths of office, or oaths required to be taken before a special official other than a notary public.

Maybe there is a different authority elsewhere? But I don't know of one.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of michael at westseattleattorney.com
Sent: Tuesday, March 12, 2019 2:25 PM
To: WSBA Real Property List
Subject: [WSBARP] QCD under declaration of penalty

My understanding is that the Quit Claim Deed can be under Penalty of Perjury.  Anyone successful at getting the King County Recorder to accept a Deed under penalty of perjury?

I have a OP in Jail and would like him to sign my client's Deed.  Getting it to him and or having it notarized would be very difficult I am told. Anyone like to share one  ?
Thanks
Mike


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