[WSBARP] Limited Warranty Deed vs Quit Claim

Fri Apr 23 12:10:55 PDT 2021

Dear RPPT Colleagues (but especially title company counsel),

A long, long time ago
.I attended a CLE on estate and probate matters, and
learned a court-appointed personal representative (who had not actually
resided in a decedent’s personal residence) was prohibited from conveying
that residence via a statutory warranty deed, and ever since I have used a
Personal Representative’s Deed (with limited warranty) with the following
language suggested by the CLE presenter. I am curious what the title company
lawyers following this query think of this language. Thanks.

PERSONAL REPRESENTATIVE'S DEED   (with limited warranty)

Reference no.:
*

Grantor: (last name first, then first name and initials)
*, as personal representative of the estate of *

Grantee: (last name first, then first name and initials)
1) *

2) *

Legal description (abbreviated):
*i.e. lot, block, plat or section, township, range10 &1010

Assessor's Tax Parcel #:                                               *

The undersigned grantor, *, as the duly appointed, qualified, and acting
personal representative of the estate of * , deceased (hereinafter “the
decedent”), in probate cause no. * in the Clallam County Superior Court of
Washington, and not in h* individual capacity, and as authorized by the
ORDER ADMITTING WILL TO PROBATE, APPOINTING PERSONAL REPRESENTATIVE, AND
GRANTING NONINTERVENTION POWERS entered in said probate cause on *, 20**, to
settle the estate of the decedent without the intervention of any court, in
consideration of a transfer of real property by inheritance or devise, does
hereby convey and assign to *, a *single person/married person as *his/her
separate property, all of grantor’s right, title, and interest, including
any after-acquired property, in and to the following described real property
situated in Clallam County, state of Washington, to-wit: 

                        [legal description]

The liability and obligation of grantor to grantee(s)* and grantee(s’)*
successors under the warranty contained herein shall be limited to the
amount, nature, and terms of any title insurance coverage available to
grantor under any title insurance policy.  Grantor shall have no liability
or obligations except to the extent that reimbursement for such liability or
obligation is available to grantor under any title insurance policy.

CARL LLOYD GAY

Non nobis solum nati sumus

     “Not unto ourselves alone are we born” 

           ~the motto of Willamette University~

GREENAWAY, GAY, MEDINA & MYERS

Attorneys and Counselors at Law                     

734 East First Street       Suite A

Port Angeles, Washington   98362

Email                       <mailto:carl at greenawaylawfirm.com>
carl at greenawaylawfirm.com

Telephone               (360) 452-3323

Facsimile                  (360) 452-3724 

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of michael
westseattleattorney.com
Sent: Friday, April 23, 2021 10:20 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Limited Warranty Deed vs Quit Claim

Thanks - and thanks again to all who commented on this - Mike 

  _____  

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Sent: Friday, April 23, 2021 8:55 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Limited Warranty Deed vs Quit Claim 

I’m not a title company attorney so take this with a grain of salt. But I
would say the difference would be in the conveyance language, which defines
the initial scope of warranties, and then can be modified by any additional
language.

If the document says “X conveys and quitclaims to Y” then the final
paragraph language you cite is not needed and might actually be against the
grantor’s interest. By statute
<https://app.leg.wa.gov/RCW/default.aspx?cite=64.04.050>  a quitclaim deed
comes with no warranties whatsoever, so saying that the warranties are
limited to the title insurance implies that in fact there are some
warranties.

If the document says anything other than “conveys and quitclaims” such as
“bargains, sells, and conveys” or even just “conveys” or “conveys and
grants,” then the final paragraph language could be used, so it’s clear that
the warranties are limited to the scope of title insurance.

Though honestly I haven’t seen that particular language before. The standard
limited warranty that I use I got from Mike Winslow:

            The Grantor, for itself and for its successors in interest,
hereby expressly limits the covenants of the Deed to those herein expressed,
and excludes all covenants arising or to arise by statutory or other
implication, and does hereby covenant that against all persons whomsoever
lawfully claiming or to claim by, through or under said grantor, and not
otherwise, grantor will forever warrant and defend the same described real
estate.

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com

Covid-19 Update - All attorneys are working remotely during regular business
hours and are available via email and by phone. Videoconferencing also is
available. Signing of estate planning documents can be completed and will be
handled on a case-by-case basis. Please direct mail and deliveries to the
Seattle office.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of michael westseattleattorney.com
Sent: Friday, April 23, 2021 8:25 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Limited Warranty Deed vs Quit Claim

Title Co Attys: 

For about 30 years I had used the standard QCD with my family law practice.
After reading the prior discussion on this list including comments by some
whom worked for Title Cos, I started using the LWD vs QCD. I now have an
attorney who says he has 40 years of experience, reject it see below:  

I do not know where they came by this Deed.  It seems it is from some other
jurisdiction, or perhaps an on-line form.  A Quit Claim Deed is defined by
statute, and under the statute the final paragraph is superfluous.

 Final Paragraph: "The Grantor, for itself and for its successors in
interest, hereby expressly limits the covenants of the Deed to the actual
coverage provided under any Grantor’s title insurance policy issued when
purchasing the real property, and excludes all other covenants arising or to
arise by statutory or other implication." 

I informed him that his client was not prejudiced by my client using this
form but he was not persuaded.  

Would appreciate some input on how to respond to him. 

Thanks 

Mike 

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