[WSBARP] Exception to title
nestor at pplsweb.com
nestor at pplsweb.com
Mon Sep 9 10:39:54 PDT 2019
They did agree to remove from the deed.
I understand that it's a condition or even an exception on the policy of
title insurance, but since the deed is an agreement between the Buyer and
Seller it should not be listed and the deed exceptions should be limited
only to the rights of third parties regarding the property conveyed.
Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of John McCrady
Sent: Monday, September 9, 2019 9:52 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Exception to title
I think every title company shows similar language as an exception to title
on all commitments and policies where it is relevant. The language you
quote is more akin to a note or a requirement than an exception, but
nonetheless we always contain an exception to the provisions of the WCA and
WUCIOA on all condominiums and applicable plats.
The escrow officer is showing it on the deed as an exception to the
covenants of warranty, which I think would be common practice.
I would modify the language to delete reference to the proposed purchaser
and make the language more general
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com <mailto:j.mccrady at pstitle.com>
From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
<mailto:nestor at pplsweb.com>
Sent: Friday, September 06, 2019 4:22 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Exception to title
I have a title company that insists on adding the following as an exception
(subject to) on the warranty deed.
"The Company calls attention to provisions contained in the Washington
Condominium Act (RCW 64) and Senate Bill 6175 Washington Uniform Common
Interest Ownership Act requiring delivery
to the Proposed Purchaser of either a "Public Offering Statement" or "Resale
Certificate"."
This is such nonsense since it is not a recorded CCR, plat, easement,
restriction or other non-monetary encumbrance, etc. This should obviously
not be included since statutes are not recorded instruments.
Am I off-base here?
Nestor Gorfinkel, Attorney at Law
Admitted to practice law in Washington & Florida
Florida Civil-Law (International) Notary
Puget Property Legal Services
40 Lake Bellevue Drive # 100
Bellevue, WA 98005
Tel. (425) 961-0519
Fax. (888) 522-3601
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