[WSBARP] QCD under declaration of penalty

[Maureen Wickert]

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> 

This electronic message contains information which may be confidential
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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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