[WSBARP] WSBARP Digest, Vol 78, Issue 22

Lisa Chiang feesimple7 at gmail.com
Tue Mar 23 13:33:53 PDT 2021 

Is anyone else having trouble logging in to the King Co. Recorder's office
lately?
I'm unable to login, unable to reset my password and something I recorded
last month isn't showing up in the public search.  Is it my account or
systemic?

TIA, Lisa

On Tue, Mar 23, 2021 at 1:25 PM <wsbarp-request at lists.wsbarppt.com> wrote:

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> Today's Topics:
>
>    1. Re: Jefferson County Auditor Demanding REETA to   Record
>       Transfer on Death Deed (Dwight Bickel)
>    2. Re: Jefferson County Auditor Demanding REETA to Record
>       Transfer on Death Deed (Jeff at bellanddavispllc.com)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 23 Mar 2021 17:38:02 +0000
> From: Dwight Bickel <dwight at dwightbickel.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Jefferson County Auditor Demanding REETA to
>         Record  Transfer on Death Deed
> Message-ID:
>         <
> BN8PR14MB29804A086C431C092B14FAADBF649 at BN8PR14MB2980.namprd14.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> Why is it so difficult for the DOR representatives at the County Recorder
> to read and follow their own regulations?
>
> WAC 458-61A-303
> Affidavit.
> (3) Affidavit not required. The real estate excise tax affidavit is not
> required nor accepted for the following transactions including, but not
> limited to:
> (j) The recording of a transfer on death deed
>
>
> Dwight A. Bickel
> Real Property Title Advisor
> Washington Title Professional
> Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
> https:/dwightbickel.com
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
> On Behalf Of Jeff at bellanddavispllc.com
> Sent: Tuesday, March 23, 2021 9:33 AM
> To: 'WSBA Real Property Listserv' <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, $10.  Am I missing
> something?  WAC 458-61A-303(3)(j) specifically exempts a TOD recording from
> the REETA requirement, which, not surprisingly, in 303(2)(m), requires the
> REETA to perfect the transfer following the Transferor's death.  What
> should one do, just pay the blood money and be done with it?
>
> Jeff Davis
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> ------------------------------
>
> Message: 2
> Date: Tue, 23 Mar 2021 10:42:17 -0700
> From: <Jeff at bellanddavispllc.com>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Jefferson County Auditor Demanding REETA to
>         Record  Transfer on Death Deed
> Message-ID: <00cf01d7200b$df592750$9e0b75f0$@bellanddavispllc.com>
> Content-Type: text/plain; charset="utf-8"
>
> 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
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
>
> t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com| <mailto:
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> http://www.dimensionlaw.com/>
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> End of WSBARP Digest, Vol 78, Issue 22
> **************************************
>


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