[WSBARP] Title / Conveyance Question

[Mark Anderson]

Thank you for this, John.

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.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Tuesday, September 21, 2021 2:20 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Title / Conveyance Question

Attached is a simple form that we have accepted.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
[Picture4]
Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.


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 Samuel M. Meyler
Sent: Tuesday, September 21, 2021 1:29 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Title / Conveyance Question

Does someone have a sample affidavit that they wouldn't mind sharing?


Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

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 Mark Anderson
Sent: Tuesday, September 21, 2021 12:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Title / Conveyance Question

I believe a quitclaim deed that affects all after-acquired rights would defeat any claim against husband's interest after closing.  Even if she is expected to get an interest through the court, the quitclaim deed would "return" that interest to the husband.

Still, in addition to a quitclaim deed, a belt-and-suspenders approach would be to have the wife sign an affidavit as John McCrady suggests and to obtain some sort of waiver as Roger Hawkes suggests.  Paper it well.

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<https://f.xdref.com/?id=18LKTkVK036002&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=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.

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 Dwight Bickel
Sent: Monday, September 20, 2021 4:53 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Title / Conveyance Question

This is done all the time. Did one a week ago for a client.

Only (2) solves the issue satisfactorily for the new lender, presuming H is the only party to be vested and will be the only borrower. Escrow will not prepare that deed, usually. Usually the escrow will allow W to sign there and record it as an accommodation. A small fee is possible. Ensure H instructs for the QC from W to be recorded more than a week in advance, so the title report will be corrected, then the new loan documents and the escrow will prepare the new purchase deed all showing H as his separate estate. Excise is exempt to establish separate property. It will cost over $200 for the deed + $10 for exempt affidavit; be prepared to pay that early before closing, so the new lender will not need a revised Closing Disclosure.

Technically W could still assert a divorce claim against H's interest after that closing, because even separate property is subject to the court's jurisdiction.

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976

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 Samuel M. Meyler
Sent: Monday, September 20, 2021 3:52 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Title / Conveyance Question

Listmates,

H and W are in the process of finalizing a divorce.  H is under contract to close on a home before the court will sign the decree.  It seems that this can be accomplished as follows:


  1.  Seller conveys the property to H as "a married man, for his separate estate and not as community property."
  2.  W executes a Quit Claim Deed which is recorded contemporaneously and, "conveys and quitclaims to H all rights, interest and title in the property, including any and all after-acquired rights, interest and title..."

Does this prevent W from coming back to claim an interest in the property down the road?  Is there some other language or a different approach that should be taken?

What would the correct excise tax exemption be in this scenario?  To establish separate property pursuant to WAC 458-61A-203(1)?  Or to clear title pursuant to WAC 458-61A-215?

Thanks for your thoughts.

Sam


Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.


________________________________
[https://secureimages.mcafee.com/common/affiliateImages/mfe/logo.png]<https://home.mcafee.com/utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient>
Scanned by McAfee<https://home.mcafee.com/utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient> and confirmed virus-free.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210922/605faa3c/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 11624 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210922/605faa3c/image001.jpg>