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

Douglas Scott doug at rainieradvocates.com
Fri Oct 27 19:09:46 PDT 2023 

The client (as opposed to you) could submit a claim on a County Claim form
to see if it gets any traction, plus include attorney fees.
*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com


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On Fri, Oct 27, 2023 at 2:17 PM Inge Fordham <inge at fordhamlegal.com> wrote:

> The situation is unfortunate indeed, though I’m not sure you’ll convince
> the County to eat the recording fee.  In these instances, as irritating as
> it is, it’s often more cost-effective to pay the recording fee.  The value
> of the time spent arguing with the Auditor’s Office will easily exceed the
> recording fee.
>
>
>
> [image:
> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
>
> *Inge A. Fordham | Attorney*
>
> Fordham Law, PLLC
>
> 3218 Sixth Avenue | Tacoma, WA 98406
>
> Office: (253) 348-2657 | Mobile: (206) 778-3131
>
> www.fordhamlegal.com
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> *From: *wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> on behalf of Jeff at bellanddavispllc.com
> <Jeff at bellanddavispllc.com>
> *Date: *Friday, October 27, 2023 at 12:41 PM
> *To: *'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject: *Re: [WSBARP] Correcting County Auditor's Recording Mistate -
> Who Pays
>
> My problem with that, the 2022 deed is a red-herring.  If my client had
> done nothing, the 1994 deed is still there and would show up on the other
> property’s title report.  They can insure around it.
>
>
>
> 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
> 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  or call
> 360.683.1129.
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rod Harmon
> *Sent:* Friday, October 27, 2023 12:24 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Correcting County Auditor's Recording Mistate -
> Who Pays
>
>
>
> Heather is right about the cost.
>
> It’s almost as if the bureaucrats in the recorder’s office are being
> passive-aggressive.  Imagine that!
>
>
>
> Rod Harmon
>
>
>
> *RODNEY T. HARMON*
>
> *       Attorney at Law*
>
>          P.O. Box 1066
>
>       Bothell, WA   98041
>
>      Tel:   (425) 402-7800
>
>      Fax:  (425) 458-9096
>
>     www.rodharmon.com
>
>    rodharmon at msn.com
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Heather de Vrieze
> *Sent:* Friday, October 27, 2023 11:02 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Correcting County Auditor's Recording Mistate -
> Who Pays
>
>
>
> 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*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
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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
> 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  or call
> 360.683.1129.
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> 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>
> *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
> [image: A black background with white text Description automatically
> generated with low confidence] <http://reedlongyearlaw.com/>
>
> 801 Second Ave, Suite 1415
> Seattle, WA 98104
> Phone:  (206) 624‑6271
> Fax:       (206) 624‑6672
> jburnett at reedlongyearlaw.com
> www.reedlongyearlaw.com
>
> <https://www.facebook.com/reedlongyear> <https://twitter.com/ReedLongyear>
> <http://www.linkedin.com/company/reed-longyear-malnati-&-ahrens-pllc>
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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
> 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  or call
> 360.683.1129.
>
>
>
>
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