[WSBARP] Voiding Transfer

[Mark Anderson]

About 2 years ago, I had a case involving a mix-up like this.  In 2019 Party 1 quitclaimed his interest in Parcel A to Party 2.  The legal description contained a single paragraph of the quitclaim deed described Parcel A correctly, concluding with the correct tax parcel number.  However, the header on the quitclaim deed and a separate line further down reflected a tax parcel number to a parcel in which Party 1 had no interest ("Parcel B").  The street number or Parcel A was the same as the street number on Parcel B, but the street names were different.

None of this was caught until 2 years later when my Client, the owner of Parcel B, discovered that the County Assessor-Treasurer listed her property as now being owned by Party 2.

In an attempt to address this, I had Party 1 and Party 2 rerecord their quitclaim deed to correct the tax parcel numbers.  The recording coversheet clearly stated that this was a rerecord to correct the parcel number and referred to the prior recording number.  Unfortunately, the Assessor-Treasurer did not pay any attention to this and did not change its records regarding Parcel B.

We were finally able to get the Assessor-Treasurer to at least change the name on the tax account.  However, the original quitclaim deed still shows up on its website.  Short of having Party 2 execute and record another quitclaim deed, I think that is all we can do.

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)
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: 07/05/2023 9:28 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Voiding Transfer

Thank you.

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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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 Bryce Dille
Sent: Wednesday, June 14, 2023 3:32 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Voiding Transfer

In situations in the past like this I have used WAC 458-61A-215 clearing title and put in a narrative as to why there is a transfer and have ever had a problem at least in Pierce, Thurston and Kitsap counties

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Wednesday, June 14, 2023 2:50 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Voiding Transfer

Listmates:

This is an issue I always wondered about.  Client asked his representative to transfer his two properties into his new living trust, without telling the Representative the property addresses.  Representative reviewed county assessor records and found only two properties under client's name.  One deed was prepared transferring both into trust.   About a year later, client finds out that one parcel actually belongs to another person with the exact same name.  Client tried deeding the property out of trust to the other person, as a distribution out of trust.  However, county treasurer is balking at the documentation.  Although treasurer does not know exactly what it wants, they "believe" it's a twostep process.

I looked at how one voids a deed, but cannot find anything on point.    There must be a simple way to rescind a transfer.  Have any of you run into this before?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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