[WSBARP] Title Issue

[Jan Kelly]

Section 217 permits rerecording for misspelled names, which I would argue to be substantially similar to an incorrect title for the same name. It's certainly worth a call.

Jan Kelly, JD, MBA
Attorney at Law
JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733
Licensed in Nevada and Washington.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, June 25, 2025 6:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Title Issue

Section 217 only permits re-recording for certain aspect of the deed.  Not the parties, however.  But you raise a good point - I'll just call them and see if they will accept a re-record.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
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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 James R Ihnot
Sent: Wednesday, June 25, 2025 2:33 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Title Issue

I thought back to my 'correct the deed' situation. I "corrected" a legal description for a 1957 easement. I did give the excise tax department a heads up on that one but I did get it recorded.

See WAC 458-61A-217. No tax due. You can describe it on the exemption or do a narrative explanation that you file with it.




Jim


  James R. Ihnot, P.S.
  Attorney at Law
  13810 231st Lane NE
  Redmond, WA 98053
  C-(425)922-9040

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Mark Anderson
Sent: Wednesday, June 25, 2025 1:22 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Title Issue

Dear Brain Trust:
Robert died in 2006.  At the time of his death, Robert had a Trust into which he had conveyed a piece of real property (the "Property").  Robert's son, Steve, was the Successor Trustee of the Trust.  Robert also had a Will in which he nominated Steve as the Personal Representative of his Estate.  The Estate was never probated because all of Robert's assets were now owned by the Trust.
In late 2006, Steve executed and recorded a Statutory Warranty Deed, purporting to convey all right, title, and interest in the Property to Teresa.  Unfortunately, the Deed identified the Grantor as "Steve, as Personal Representative for the Estate of Robert."  The correct Grantor should have been "Steve, as Trustee of the Trust."  Teresa paid Steve a modest amount, and excise tax was paid on the transaction.
Steve is still living and is willing to cooperate to correct this title situation.  I know I could simply have Steve execute and record a Quitclaim Deed from the Trust to Teresa.  But what is the amount of the consideration to plug into the REETA?  The Trust would be getting nothing in exchange for title.  Teresa already paid for the property.  Would this really be a gift?  Or how would you treat it?
Thanks much.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 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/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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