[WSBARP] QCD under declaration of penalty
Maureen Wickert
wickertlaw at comcast.net
Wed Mar 13 09:27:02 PDT 2019
RCW 64.04.020 - requisites of a deed and RCW 64.08.010 - who may take
acknowledgements should be read together.
RCW 64.08.010 states a notary besides other court officers take
acknowledgements of deeds and other instruments.
Depending on which jail the OP is being held, the jail administrator may be
able to provide some guidance. Although, setting up a notary transaction
will require a lot of coordination with cooperative jail personnel.
Very truly yours,
Maureen A. Wickert, Attorney at Law
14900 Interurban Avenue South, Suite 255
Tukwila, WA 98168
Phone: 206-859-5502
Fax: 206-260-9005
www.wickertlawoffice.com <http://www.wickertlawoffice.com/>
wickertlaw at comcast.net <mailto:wickertlaw at comcast.net>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: March 12, 2019 15:15
To: WSBA Real Property List <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] QCD under declaration of penalty
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>
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of
michael at westseattleattorney.com <mailto: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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