[WSBARP] Recording Standards Commission

[Eric Nelsen]

Chris, thank you for taking this on!

Can you clarify-in King County at least, is it actually a completely separate person at the Recorder's office who reviews the REET Affidavits and determines form and tax compliance? Or do the recorder's employees process the REETA?

I have some major gripes about the arbitrary and inconsistent nature of rejections based on REETA issues, and I'd like to direct my ire properly.

Today, I sent in a QCD and REETA for e-recording via CSC, and it was rejected in part because I included the deed as document #1 and the REETA as document #2, and, I kid you not the rejection says: RESUBMIT DOCUMENTS IN THE CORRECT ORDER. THE REETA ALWAYS COMES 1ST.

And in addition, because this involved a gift of equity with grantee paying off the mortgage, I am told that I cited the "wrong" WAC because I used the actual WAC reference, WAC 458-61A-201(3)<https://app.leg.wa.gov/WAC/default.aspx?cite=458-61A-201>, instead of "citing" paragraph A(2) of the Supplemental Statement form, which, for God's sake, is not a WAC.

Thank you all for being the void into which I need to scream.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Chris B
Sent: Friday, December 3, 2021 10:09 AM
To: WSBARP at lists.wsbarppt.com
Subject: [WSBARP] Recording Standards Commission

RCW 65.24.040 established a new entity, known as the Recording Standards Commission (RSC).  Its purpose, per that statute is:


The Recording Standards Commission is intended to clarify existing laws regarding the recording of documents with county recording departments and county auditors. Recording standards and practices vary from county to county which creates confusion and liability. Simplified and standardized recording standards and fees are therefore needed to better harmonize practices throughout the state.

The 13 members of the commission are mostly county auditors, as well as a representative from the Washington Mortgage Bankers Assn, Escrow Association of Washington and Washington Land Title Association.  One seat was also set aside for a member of the WSBA.  I was nominated and approved to represent WSBA.

The Commission held its first meeting yesterday, with the attachment as its starting point re: issues to work on.  As you can see, most of the issues are technical in nature as to how the various recorder's/auditor's offices work.

I want to bring to the RSC all of your various gripes about county recorders/auditors offices.  One thing I have learned already is that these offices consider themselves entirely separate (and mostly with no accountability) on issues from the DOR relating to REET.  However, I am pushing for them to at least become aware of these sorts of issues from practitioners.  So (at the risk of blowing up my email in-box), I invite all member of the WSBA Real Property section to email me your issues and concerns with various recording offices.  Please identify which county office you are writing about when you respond.

I have a one year appointment to the RSC, so please bookmark my contact info.


Please note our new website and email address as of 1/1/21.

Chris Benis
First Avenue Law Group, PLLC
321 First Avenue West, Seattle, WA  98119
206.447-1900 office - 206.447.9075 fax - www. firstavenuelaw.com

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