[WSBARP] Yet another County recording issue

[Joseph McIntosh]

Did the trustee sell and convey an interest to the buyer unencumbered by the "open space" designation?  My first thought is I don't think the county can force the buyer of an unencumbered interest to agree to this designation.  Maybe they can impose a tax??,...but I agree that the tax collection recourse is by lien.

Also, I don't think the trustee has an obligation to record the deed, rather the obligation is simply to deliver it to the purchaser, with a coinciding obligation to remit the sale proceeds to the lender.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Thursday, August 20, 2020 3:51 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Yet another County recording issue

Listmates.  Your wisdom is sought.  Facts - trustee sells property at auction.  Buyer pays trustee.  Trustee prepares trustee's deed but county refuses to record it because land is open space and County is demanding signing of a continuation of open space use or payment of all the back taxes as a condition of recording.  Lender wants their money but trustee can record the deed.

Seems to me that the deed should be recorded and County can attach their lien for taxes.  The only requirement to pay taxes as a condition of recording that I am aware of is when dividing land, like a BLA.   Thoughts ?  I am guessing that once again the treasurer is exceeding their authority.


Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>


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