[WSBARP] Exception to title

[nestor at pplsweb.com]

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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