[WSBARP] Post-Divorce QCD Catch 22

[Kary Krismer]

I think everyone agrees that the decree could be sufficient.  I'm just 
uncertain if the decree needs to be recorded in the same county if not 
entered in the same county.  Then there's also the issue of whether the 
decree has sufficient specificity as to the property.  But it may be all 
that needs to be done is point out the decree to the title company and 
see if they will remove the ex-husband as a vested owner.  If that 
happens the issues with the bank should disappear.

Kary L. Krismer
206 723-2148

On 7/30/2021 12:44 PM, Patrick McDonald wrote:
>
> I agree with Joseph. The divorce decree should transfer title upon 
> entry with the court and is a public record.
>
> Patrick
>
> *_______________________*
>
> *Pody & McDonald, PLLC*
>
> 1200 Fifth Avenue, Suite 1410
>
> Seattle, WA 98101-3106
>
> T: 206-467-1559
>
> F: 206-467-4489
>
> *From:*wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Joseph McIntosh
> *Sent:* July 30, 2021 12:25 PM
> *To:* cole-gilday at stanwoodlaw.net; WSBA Real Property Listserv 
> <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Post-Divorce QCD Catch 22
>
> I would think the divorce decree, especially if recorded, would 
> effectively evidence a transfer the real property so as to satisfy the 
> lender’s concerns.  I routinely encounter refinances following 
> divorces where there was just a decree awarding the new borrower 
> title, but no QCD.  I don’t think the county recorder can prevent you 
> from recording the court order.
>
> *From:*wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>[mailto:wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *Ryan P. Coon
> *Sent:* Friday, July 30, 2021 12:02 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> *Subject:* [WSBARP] Post-Divorce QCD Catch 22
>
> Listmates,
>
> I've got a client needing to record a QCD to separate property 
> post-divorce but is running into what seems to be a "catch 22" problem 
> so I'm looking for some creative solutions.
>
> Client by divorce decree is awarded the family home and thus needs to 
> record a QCD from ex-spouse to separate the property. However, there 
> is a large amount of outstanding property taxes due (several years 
> worth) and the county (Island) is refusing to record the deed without 
> the taxes being made current. Client doesn't have the funds to bring 
> taxes current so is seeking a loan to pay the taxes. However, client 
> is having trouble procuring a loan because the bank is requiring 
> signature of ex-spouse since ex-spouse's name is on the property but 
> ex-spouse will not sign off on the loan.
>
> Thus, client can't record a QCD because they don't have the money to 
> pay the taxes but their having trouble getting the money to pay the 
> taxes without first recording the QCD.
>
> Any thoughts or creative work-arounds for this would be much 
> appreciated, thank you.
>
> -- 
>
> Very Truly Yours,
>
> Ryan P. Coon
>
> Law Office of Cole & Gilday, P.C.
>
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