[WSBARP] Notary failed to correct name of signor.

[Eric Nelsen]

What the title company says is what needs to happen, of course; getting title insurance is the main thing. But as a strictly legal matter, I think it is a scrivener's error that the notary should be able to correct on the deed; the original act of notarization remains valid despite the formal irregularity. RCW 42.45.240. So assuming the notary actually did what they were supposed to do at the time of execution for an acknowledgment (verify identity, etc.), it should be correctable. Admittedly-it's kind of a big mistake, to have the wrong name listed for the signer.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Wednesday, February 26, 2025 9:50 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Notary failed to correct name of signor.

>From a title company perspective I think the deeds are defective since the person signing was not properly acknowledged.  If I was asked to insure one of the properties I would require that the deed be corrected and re-recorded.


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
2024 Recording Fee Schedule<https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.piercecountywa.gov%2FDocumentCenter%2FView%2F130967%2Frecordingfeeschedule20240101%3FbidId%3D&wdOrigin=BROWSELINK>


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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: Wednesday, February 26, 2025 9:41 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Notary failed to correct name of signor.

Listmates:

Parents' Trust contained numerous real estate properties.  When the last died, a "professional" out of state trustee took over.  The properties were deeded out with 8 deeds each containing 4 properties.  The person we were told was signing, for the trustee, did not.  Instead, another person signed and correctly crossed out the name of the person we thought would sign, and printed their name.  However, the notary did not cross out the old name and put in the name of the person who signed.  The deeds were recorded.  What now?  Is the notary bad making the deed ineffective?  Does it need to be fixed with a re-record?

Jeff Davis

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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