[WSBARP] Title Co won't insure JTWROS

[Kary Krismer]

Have you tried a different title company?

Is there some requirement that a grantee acknowledge how they take 
title?  But as to your case, often (always?) I see the escrow has the 
buyers/grantee initial the deed they will be receiving. So maybe your 
client should look in their file to see if they have such a document in 
their paperwork.  Alternatively some instructions to write up the deed 
that way.  It almost certainly didn't just happen.

Kary L. Krismer
206 723-2148

On 8/11/2021 10:44 AM, Rani K. Sampson wrote:
>
> Timid Title Co wrote and insured a JTWROS deed in 2019.  One of the 
> co-tenants died. Survivor has a pending sale on the property.  
> Survivor signed a lack of probate affidavit and provided a death 
> certificate.   Timid Title Co is the title and escrow company for 
> Survivor’s 2021 sale.
>
> Timid Title Co won’t insure Survivor’s sale to new buyer because 
> Decedent didn’t sign any acknowledgement at closing in 2019 that he 
> was taking title as JTWROS.  Remember, Timid Title Co was the company 
> that closed the 2019 purchase for Decedent and Survivor.
>
> Timid Title Co insists that Decedent’s children approve of the 2019 
> sale in 2021 so that the 2021 sale can close.  Decedent’s children 
> don’t like Survivor, and are not willing to sign away any claims they 
> may have to Decedent’s share of the property.
>
> What claims can Survivor bring against Timid Title Co or its 
> underwriters?
>
> Timid’s underwriters may be Fidelity or Old Republic…checking.
>
> *Rani**K. Sampson*
>
> Overcast Law Offices |Attorney
>
> 23 S Wenatchee Ave #320, Wenatchee WA 98801|(509) 663-5588 x 6
>
>
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