[WSBARP] Correcting County Auditor's Recording Mistate - Who Pays

[Jeff at bellanddavispllc.com]

Listmates;

 

This is very irritating and makes me want to sue the Auditor.  

 

In 1994, Auditor records a deed, from the predecessor owner to my client and
former wife, that contained an additional legal description to property not
owned by the then grantor.    In 2022, we recorded a deed to this property
to create community for the client and his new wife.  We simply used the
legal description from the 1994 deed.  The error, that was just discovered,
is now, somehow, creating a problem with closing the sale of the property,
which legal was attached to the 1994 deed.  County admits it was their
error, in 1994, to have attached the additional legal, as it should have
been attached to a UCC statement.  The title company, closing the present
deal wants, a rerecord, of which deed, is not clear, but either our 2022
deed or the 1994 deed, or both, to eliminate the extra-legal.  I said, sure,
I will draft the rerecord deed, but we are not paying the recording fee.
The County refuses to waive the recording fee.  It says I should have caught
the error in the 1994 deed, and should have ordered a title report before
recording the 2022 deed.  Huh?  To that I said FU and the black horse you
road in on.  Title company keeps hounding us to rerecord but my client wont
pay the fee.  I'm not ponying it up.  I don't see why the title company just
wont insure around it.  I don't see why the county can't waive the recording
fee due to their error.  Have any of you had anything like this happen.  Is
there anyway to force the county to waive the recording fee?

 

Jeff

 

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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