[WSBARP] FW: deferred taxes not called out?
Kary Krismer
Krismer at comcast.net
Sat Nov 5 05:35:47 PDT 2022
It would be interesting to view the preliminary commitment to look for
exemption language.
Kary L. Krismer
206 723-2148
On 11/4/2022 10:49 AM, Mark Anderson wrote:
>
> Because outstanding taxes are usually a matter of public record and a
> title company is responsible to discover outstanding encumbrances on
> the property, I would expect the title insurer to be on the hook for
> payment of those taxes.
>
> *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
> www.mbaesq.com <http://www.mbaesq.com/>**
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> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Roger Hawkes
> *Sent:* 11/03/2022 5:38 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] FW: deferred taxes not called out?
>
> Nada
>
> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Mark Anderson
> *Sent:* Thursday, November 3, 2022 5:27 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] FW: deferred taxes not called out?
>
> What did the title report say about taxes?
>
> *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
> www.mbaesq.com <http://www.mbaesq.com/>**
>
> *CONFIDENTIALITY NOTICE
> *This transmission is confidential and is intended solely for the use
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> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Roger Hawkes
> *Sent:* 11/03/2022 3:31 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] FW: deferred taxes not called out?
>
> Thanks, Julie. The ‘unpaid taxes’ in this scenario are the real
> estate taxes that were deferred by decedent and not paid when
> decedent’s house was sold.
>
> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Julie Martiniello
> *Sent:* Thursday, November 3, 2022 3:15 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Cc:* KCBA Real Property, Probate and Trust Law Discussion List
> <realpropertyprobatetrustlaw at lists.kcba.org>
> *Subject:* Re: [WSBARP] FW: deferred taxes not called out?
>
> Hi Roger,
>
> There would be a step up in basis when the decedent died, so the gain
> would be eliminated and there should not be an issue for the PR or
> estate. Gain should only apply to any value gained /after/ the
> decedent passed until the property was sold, if any. Unless I am
> missing something specific on this transaction.
>
> On Thu, Nov 3, 2022 at 3:08 PM Roger Hawkes <Roger at law-hawks.com> wrote:
>
> Soon a dispute will arise regarding a title insured transaction.
> Probate PR did not know that decedent had deferred real estate
> taxes on the home that PR sold. Title company did not call them
> out and escrow closed with no hiccups at all. When title company
> sues discharged pr for the unpaid taxes, what defenses matter?
>
> Roger Hawkes, WSBA # 5173
>
> Sky Valley Lawyers, PLLC
>
> Physical Address: 423 Main Street
>
> Mailing Address: Box 351
>
> Both in Sultan, WA 98294
>
> Phone 360 799 6438
>
> Email: roger at skyvalleylawyers.com
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>
> --
>
> Respectfully,
>
> Julie Martiniello, Partner
>
> Dimension Law Group, PLLC
>
> *Office:*206-973-3500│*Fax:* 206-577-5090
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