[WSBARP] Title Co won't insure JTWROS

[Jeanne Dawes]

It has been my understanding that a written acknowledgment of intent to acquire property as JTWROS must be on deed signed by grantees.

This is because an unrelated Grantor, such as a Seller, cannot create a joint tenancy for a third party.  The parties themselves must clearly establish by agreement their intent to create a joint tenancy, which is the reason for the statement by the grantees on the deed.

LANGUAGE TO INSERT ON DEEDS TAKEN AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP:

Grantees acknowledge their intent to acquire this property as Joint Tenants with Right of Survivorship and not as tenants in common.  Upon the death of either Grantee the deceased Grantee's interest shall pass to the surviving Grantee.

Grantees must acknowledge statement by signing deed, signatures do not require notary.

If the closing agent did not include such a statement, I think the closing agent might have a problem.

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 Mark Anderson
Sent: Wednesday, August 11, 2021 12:48 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Title Co won't insure JTWROS

You say Timid Tile insured the JTROS title as to the Grantees.  As such, it is now liable to defend the validity of that title.  Make the claim and see how they respond to it.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Rani K. Sampson
Sent: Wednesday, August 11, 2021 10:45 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Title Co won't insure JTWROS

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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