[WSBARP] PC in Grant County - trying to get EM back--referral(s)?

Wed Dec 29 12:15:02 PST 2021

Good afternoon, List Mates—I am looking for a referral for a matter in Grant County:

Potential client has a real estate matter. He was trying to buy property, and is now trying to get back his earnest money back (15k). The matter is in Grant County Superior Court-- I am not presently available to go there, and don’t know for how long the Court will be doing Zoom hearings.

Sincerely,

Dominique Zervas

ZERVAS LAW, PS
1909 Broadway
Bellingham, WA 98225
360.733.2010
http://zervaslaw.com<http://zervaslaw.com/>

Exceptional Service – Meaningful Solutions
Real Estate • Land Use • Business Formation • Estate Planning & Probate

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, December 29, 2021 11:52 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Quitclaim Deed Question

Another poster responded as follows, and I tend to agree with him (I added the underlining):

My off the cuff thought is that Party 2’s conveyance back to Party 1 is a conveyance of all of Party 2’s rights in the property, to include the original grant of AAT rights from Party 1. Thus Party 2 granted back to Party 1 the property + all of Party 1’s AAT rights in the property.  I’d go with Party 1 on this.
Thanks for helping me think this through.  As with many aspects of this practice, I’m just trying to anticipate questions that a title company might ask.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
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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 Craig Blackmon
Sent: Wednesday, December 29, 2021 11:23 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Quitclaim Deed Question

I suppose it is determined by the intent of the parties? If they intended to create a tenancy in common, arguably they have done so. If they intended for Party 1 to be the sole owner, well arguably they have done so. But good luck dealing with the title company.... :-)

A good one! Thanks for sharing.

Craig
Craig Blackmon, Attorney at Law<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
92 Lenora St. #8, Seattle WA  98121
Office/Cell: (206) 369-5949
On the blog: Co-Ownership of Real Property by Single People<https://www.fsbolawyers.org/blog/tenants-in-common-agreement>
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On Wed, Dec 29, 2021 at 11:20 AM Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>> wrote:
Dear Listmates:
This is just the sort of logic question that might appear on an LSAT.
Party 1 records a quitclaim deed to Property to Party 2, including the phrase “and all after-acquired title.”  Sometime later, Party 2 records a quitclaim deed to that same Property back to Party 1, which deed also includes the phrase “and all after-acquired title.”
Who holds title to the Property?
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/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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