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

[Jason Burnett]

Why is it the County’s fault that the 1994 deed contained an additional legal description to property not owned by the then grantor?  Wouldn’t that be the fault of the drafting party in 1994?  It’s not like the recorder’s office verifies or guarantees seisin or good title.

Jason W. Burnett
Attorney at Law
Reed Longyear Malnati Corwin & Burnett, PLLC
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Seattle, WA 98104
Phone:  (206) 624‑6271
Fax:       (206) 624‑6672
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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: Friday, October 27, 2023 9:58 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Correcting County Auditor's Recording Mistate - Who Pays

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

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