[WSBARP] Treasurer's office needs phone numbers to record adeed REET

[Kary Krismer]

On 9/21/2021 6:26 PM, Kathleen Hopkins wrote:
>
> Wow I would like to see the legislative authority for that, given the 
> increased number or robocalls I have received lately!
>
> For privacy do we need to advise clients to get burner phones?
>
> */Kathleen J. Hopkins /*
>
>
I've never had this come up post-law school, and all I remember from my 
hyper-caffeinated state is Professor Fletcher saying something to the 
effect that the recorder would record a [notarized?] lunch menu if you 
paid the fee.  That seems consistent with both RCW 65.04.030  
("recording officer must . . . record") and 64.04.130 ("county auditor 
is not bound to record . . . until his or her fess . . . are if demanded 
paid. . . ..").

But then there's RCW 82.45.090 which basically says no document "may be 
accepted by the county auditor for filing or recording until the tax is 
paid . ..."  This is even though the tax becomes a lien on property 
pursuant to RCW 82.45.070, "from the time of sale" which presumably 
would put it prior to any new mortgage debt but not prior encumbrances.

I'm assuming the ability to hold up a recording of a properly formatted 
deed accompanied by a facially valid REET affidavit is contained 
somewhere in RCW 82.32.010, et. seq., which is applicable to recording 
via RCW 82.45.150.  Looking through that and related WACs is beyond the 
scope of my interest at the current time.

But then there's the issue of why?  I guess with the unpaid tax lien not 
being prior to existing liens the government does have a significant 
interest in holding up the transaction.  Otherwise the process seems to 
be mainly for the interest of the transferee and their secured lenders.  
And having a phone number would speed up resolving any issues, allowing 
an earlier recording.

Seemingly though the supplying the number of an attorney should be 
sufficient if indicated as such.  That would allow the issue to be 
resolved, more likely faster than if they called a party to the deed.

Kary L. Krismer
206 723-2148
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