[WSBARP] Warranty fulfillment deed

[Mark Anderson]

Belt and suspenders.  But it's better than having your pants fall down.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
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marka at mbaesq.com<mailto: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 Dwight Bickel
Sent: 01/26/2023 9:19 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Warranty fulfillment deed

In my opinion, having done that several times, the legal answer is probably "no," but the title company answer can be "yes."

I don't think the foreign court's jurisdiction enables it to affect the title to WA real property. However, I do believe that court's jurisdiction over the estate, and its authority given to the PR, does extend to actions of the parties conducted outside that state. Therefore I have often accepted a fulfillment deed executed by a PR as authorized by a foreign state. No later consequence known to me.

So if there was ambiguity or a perceived risk of disagreement, the legal answer is for an ancillary proceeding in WA, that will recognize the foreign state court's authority and can authorize the PR to act within WA, or can directly order a change in title. What a wasteful procedure.

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

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