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

[Heather de Vrieze]

This seems like an unfortunate set of circumstances, but it sure doesn’t seem efficient to sue the County. I would argue that if they want the 1994 deed with their mistake rerecorded, perhaps there is a good argument they can/should cover the cost. The 2022 deed is a tougher issue, but to take the original deed and attach a coversheet and rerecord it to correct the legal description will only be a couple of hundred dollars, if you do it now (before recording fees go up). The title company should be able to tell you if fixing the quit claim deed is even necessary, but it doesn’t seem like a couple hundred dollars is worth blowing up the whole deal.

Was the 1994 deed insured? Maybe you can fix the problem and then make a claim against the title company who insured it.

Heather

Heather S. de Vrieze
Attorney-at-Law
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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 10:33 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Correcting County Auditor's Recording Mistate - Who Pays

Apparently, the county separated the documents while recording and somehow attached the second legal to the deed for client’s property.  It was not the grantor’s problem.

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>
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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 Jason Burnett
Sent: Friday, October 27, 2023 10:26 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Correcting County Auditor's Recording Mistate - Who Pays

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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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: Friday, October 27, 2023 9:58 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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