[WSBARP] Jefferson County Auditor Demanding REETA to Record Transfer on Death Deed

Tue Mar 23 10:42:17 PDT 2021

I just sent out the REETA, with the $10, and in my cover letter said I was paying this “under protest” and then pointed out the WAC sections clearly saying no REETA required until the Transferor’s death.  We shall see what happens.  Oh, I also left blank the WAC section in paragraph 7 of the REETA; I said I do not know which WAC would apply.

I agree with all of your comments, clients interests are first, but why should we, the attorney, be put at risk of suit when we are just following the law?

Jeff

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Tuesday, March 23, 2021 10:23 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Jefferson County Auditor Demanding REETA to Record Transfer on Death Deed

Ok by me; but our cardinal rule oughta be what is best for the client?

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 Kaitlyn Jackson
Sent: Tuesday, March 23, 2021 10:16 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Jefferson County Auditor Demanding REETA to Record Transfer on Death Deed

I understand the position that it's only $10 so you might as well pay it; however, I take issue with municipal workers flexing this kind of power without the requisite authority when, if they make a mistake, they aren't likely going to be sued directly for the harm caused. Attorneys, on the other hand, can be. So even if you advise a client that the law clearly states no REETA is necessary, if the County bounces it back claiming it's necessary and something happens before the issue can be resolved, I could see the attorney ending up on the hook and people suffering real harm. I think that the DOL should be called upon to resolve this. 

On Tue, Mar 23, 2021 at 10:07 AM <michael at westseattleattorney.com <mailto:michael at westseattleattorney.com> > wrote:

FYI just thought I'd throw this out there. When involved in a class action early 90's (City of Seattle takings case requiring low income units for approval),  Court said that illegal fees collected were voluntarily taxes and were not recoverable. Property owners had to write in "Paid under protest" to be able to collect later.  Never followed subsequent cases as to collecting illegal fees, but I got in the habit of writing it on checks paying governmental fees. Mike  

-------- Original Message --------
Subject: Re: [WSBARP] Jefferson County Auditor Demanding REETA to
Record Transfer on Death Deed
From: Roger Hawkes <Roger at law-hawks.com <mailto:Roger at law-hawks.com> >
Date: Tue, March 23, 2021 9:47 am
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Yes; $10 is a small price to pay.

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 Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Tuesday, March 23, 2021 9:33 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Jefferson County Auditor Demanding REETA to Record Transfer on Death Deed

Listmates:

The Jefferson County Auditor continues to lead the State as the ultimate gate keeper for recording deeds.  It just kicked back a Transfer on Death Deed claiming it requires a REETA and, of course, $10.  Am I missing something?  WAC 458-61A-303(3)(j) specifically exempts a TOD recording from the REETA requirement, which, not surprisingly, in 303(2)(m), requires the REETA to perfect the transfer following the Transferor’s death.  What should one do, just pay the blood money and be done with it?

Jeff Davis

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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC 
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