[WSBARP] Yet another County recording issue

[Kary Krismer]

One other way of stating the issue:  There is no personal liability for 
real property taxes, only in rem.  So that would be another argument 
that the collection couldn't be enforced in this manner.  They can't 
force anyone to pay, they can only enforce their lien rights.

Kary L. Krismer
206 723-2148

On 8/21/2020 7:37 AM, Joseph McIntosh wrote:
>
> 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*
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