[WSBARP] defective deed in chain of title

[Eric Nelsen]

Given the price, is it cost effective to pursue, beyond getting a statutory warranty deed from the seller?

I think the potential legal remedies are (A) reformation of the deed or (B) current owner conducts a quiet title against grantors of the two defective deeds to confirm ownership against the cloud caused by defective deeds. And of course as you say, having 1994 grantor and 2008 grantor issue corrected deeds.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com

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-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Owens
Sent: Tuesday, June 7, 2022 5:10 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] defective deed in chain of title

Dear list mates, I have an interesting question.  Property is in Mason County.  A 1994 deed purported to transfer the property based on a legal description that was partial in that it referred to a division and lot in a named plat but did not specify the volume and page where the plat was recorded, nor was there a parcel number or street address for the property.  A 2008 deed purported to convey the same property by stating for the legal description that it “was as described’ in the 1994 deed, without any additional information, also without street address or parcel number.  My client has negotiated to buy the property which is valued at only $800 because it is a greenbelt but I do not have confidence that his grantor has anything to convey because of the defective legal descriptions in the chain of title.  Is this something that can be corrected other than by having the first grantor in the chain of title re execute the deed that was recorded in 1994?  Thank you for your help.  Yours truly, Doug Owens

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