[WSBARP] Correction of Quitclaim Deed

[Mark Anderson]

Dear All:

Mr. Smith, as Trustee of Trust A (revocable trust), recorded a quitclaim deed to convey title to real property to Mr. Smith, as Trustee of Trust B (testamentary trust).  Although Mr. Smith was indeed the Trustee of Trust A, he was not the Trustee of Trust B; Ms. Jones (Mr. Smith's sister) was the Trustee of Trust B.

The transaction was exempt from excise tax under WAC 458-61A-210(2).  The Real Estate Excise Tax Affidavit and the Statement of Trust that accompanied it also misidentified the Grantee.

To get title back on the right track, an option I am considering is to annotate and rerecord the quitclaim deed to correct the name of the Grantee.  A corrected Real Estate Excise Tax Affidavit and Statement of Trust would be submitted along with the corrected quitclaim deed.  However, this scenario does not appear to strictly meet the requirements of WAC 458-61A-217.

Do you think the plan I describe above would nevertheless be appropriate?  [I can think of other more expensive options if it would not.]

Thanks, everyone.

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)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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