[WSBARP] Yet another County recording issue

[Jeanne Dawes]

In Spokane County, the auditor will not record a deed for property that is in open space unless the assessor has either approved a continuance of the open space (which is applied for by the buyer), or the property is pulled from open space and the compensating tax paid.  The parties need to agree as to who pays the compensating tax, if the exemption is being terminated.  It's not always the seller.  If the buyer is going to discontinue the use for which the open space exemption is granted, it may be the buyer to pays the compensating tax.  I believe there is a WAC regulation applicable to all counties.  Don't have the cite off the top of my head.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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From: wsbarp-bounces at lists.wsbarppt.com On Behalf Of Craig Gourley
Sent: Thursday, August 20, 2020 3:44 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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