[WSBARP] [WSBAPT] Affid. to clear title; parcel w/mobile home and advance personal prop. taxes

David Moe davidmoe at maplevalleylaw.com
Mon May 24 18:15:08 PDT 2021


I suggest you wait until client has paid his 1st and 2nd half real and/or property taxes on the parcel with the mobile home.  My experience in King County is that, even if title has not been eliminated, sometimes or often the assessor taxes both the land and mobile home as if title had been eliminated (perhaps with older mobile homes that can’t be relocated).  Where the document to be recorded describes the mobile home, then in either event after the property taxes for the year have been paid, you can prepare the REETA, pay the $10 REETA fee, claim an exemption under WAC 458-61A-303(2)(g?) and file it at that time with your clients “affidavit of successor” or “lack of probate affidavit” including reference to the mobile home on the property.  The annoying extra step in this county is that the REETA with the mobile home included may need to be approved/signed off by the County Treasurer’s Personal Property Tax person before recording can happen.  [Often, since here it’s a different floor where that property tax official must review and sign off (on the REETA), the instrument sometimes get’s hung up at that station, or gets moved on for recording without the lawyer’s cover letter instructing/authorizing the recorder to debit the attorney’s e-recording trust account. Alas, COVID complications.
The assessor and treasurer will use the new REETA to update the tax-payer name of record.  Otherwise, often your client will call months later asking why the deceased spouse’s name still appears on the property tax statement, and you’ll end up spending more time on the matter anyway.

David Moe Attorney, P.S.
Telephone:  425-432-1277
Fax:  425-432-1280
23745 225th Way SE, Suite 108
Maple Valley, WA 98038

Email:  davidmoe at maplevalleylaw.com<mailto:davidmoe at maplevalleylaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Monday, May 24, 2021 4:47 PM
To: wsbar <wsbarp at lists.wsbarppt.com>; wsbar trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Affid. to clear title; parcel w/mobile home and advance personal prop. taxes

Client’s wife died.  I attempted to record a non-probate affidavit to clear title on two parcels one of which includes client’s (his) residence and it is a mobile home.
the county sent it back saying because the mobile home was on the land and because it was a transfer of a mobile home the advance personal property taxes had to be paid.
It’s not a transfer...  in fact it only clears title to land for a SS and avoids a probate.  In fact there is still a loan so we aren’t doing anything with the title.
Is this common? Legal?
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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