[WSBARP] Fwd: WSBARP Digest, Vol 145, Issue 14
Andrekita Silva
ak at seattle-silvalaw.com
Fri Oct 23 00:55:17 PDT 2026
Law Office of F. Andrekita Silva
______________________________________________________________________________________________________________________________
October 23, 2026
Dwight,
It's not clear to me that a lawyer can or should sign on behalf of an
opposing party. You certainly couldn't do so without OP's permission and
it seems to me it presents a conflict of interest that would require a
waiver, etc. And the question is: If they authorize you, why wouldn't
they sign themselves? And is your client willing to assume the cost of
all that waiver drafting,etc.
Although a transfer of real property pursuant to a divorce distribution
is not a taxable event, the parties must still file a REET. They just
indicate the exemption WAC 458-61A-203.
Divorce decrees aren't recorded. In a divorce decree, I always indicate
that the parties shall each execute any documents necessary to
effectuate the orders of the court (so property from A to B would
require execution of a REET.)
If a party refuses to cooperate, the remedy to file a motion to appoint
a special master. The special master signs on behalf of the
non-compliant party.
I've only had to do that twice and in one case, when I warned I would
seek a special master they OP cooperated. In the second, I had to file
the motion although there was a quitclaim deed and something else OP
also had to sign. The Commissioner granted the relief without batting an
eye. I presented communications evidencing efforts over about 5 months
to get other side to cooperate.
NOTE: I have on at least one occasion in the last 37+ years had someone
in the Recorder's Office reject my signature as the Agent for my client.
This was despite my pointing out that the form expressly state's "or
Agent." It was a huge hassle but I was forced to go get my client's
signature.
Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com
-------- Original Message --------
Subject: WSBARP Digest, Vol 145, Issue 14
Date: 2026/10/21 12:00 PM
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Today's Topics:
1. Re: Alaska attorney (Hamilton Gardiner)
2. Re: Excise Affidavit to Record a Divorce Decree (Mark Anderson)
----------------------------------------------------------------------
------------------------------
Message: 2
Date: Wed, 21 Oct 2026 17:30:13 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Excise Affidavit to Record a Divorce Decree
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Dear Dwight:
One option I suppose would be for the divorce lawyer to sign the Real
Estate Excise Tax Affidavit as agent for one or both of the parties.
The signature could be justified by saying that the attorney is signing
as an officer of the Court.
I would also look at the decree to find out if there is any language
that directs the parties to take such actions as are necessary to give
full effect to the decree. I do not practice in family law, but I have
seen such language in the orders that affect title to real property.
Finally, the divorce lawyer may want to consider an "end around"
approach. I recently recorded a Bill of Sale for a cabin on Forest
Service land in Pierce County. It has been several weeks, but the
Assessor Treasurer's website still does not reflect the new owner. When
I spoke to the Auditor's office, the representative told me that once
they have recorded a document, they send it out to First American Title
who then turns around and sends updated indexing information to the
Assessor Treasurer. That process could take weeks if not months. It is
at that point the Assessor Treasurer's website gets updated. [I have no
idea why the Auditor cannot deal directly with the Assessor Treasurer's
office.] So perhaps a title company could simply "forward" the
information from the decree to the Assessor.
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 [1]<http://www.mbaesq.com/>
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From: wsbarp-bounces at lists.wsbarppt.com
<wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dwight Bickel
Sent: Friday, October 16, 2026 3:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Excise Affidavit to Record a Divorce Decree
A divorce lawyer has asked for my recommendations how to persuade the
King County Recorder that the Excise Affidavit does not require a
signature by the ex-spouse.
The Divorce Decree does not need to be recorded. Somehow, the Assessor
will not change the property tax record to show only the name of the
sole owner. The Decree entered in King County clearly immediately vests
the property located in King County to one spouse, contains an accurate
full legal description, and does not have any language requiring a deed
from the ex-spouse.
However, the Department of Revenue adopted the following Regulation in
the chapter related to taxation of sales of real property. See WAC
458-61A-303:<https://app.leg.wa.gov/wac/default.aspx?cite=458-61A-303>
2) Affidavit required. In general, an affidavit must be filed when
ownership or title to real property transfers as evidenced by
conveyance, deed, grant, assignment, quitclaim, or any other document
effectuating the transfer including, but not limited to, the following:
(a) Transfer establishing or separating community property, or in
fulfillment of a settlement agreement incident to a dissolution of
marriage, legal separation, or declaration of invalidity, or in
fulfillment of a community property agreement under RCW
26.16.120<http://app.leg.wa.gov/RCW/default.aspx?cite=26.16.120>;
(b) Transfer resulting from a court order;
Note that the "Excise Tax" laws and regulations do not have any
application to a Divorce Decree change of ownership that is not a sale.
Even if a Decree requires a Deed to make that transfer, the Excise
Statute says it is not a taxable sale.
This isn't the first I've heard about this. I was there at the
Legislature opposing these changes to the real estate sales tax
statutes, and also objected to that DOR Regulation, where I received a
familiar response.
Now I just want to know if anybody has a suggestion how this person can
record the Divorce Decree without getting a signature from an ex-spouse.
Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at dwightbickel.com<mailto:Dwight at dwightbickel.com>
http://dwightbickel.com
206-484-1976
________________________________
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 Eric Nelsen
<eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>>
Sent: Thursday, October 15, 2026 9:25 AM
To: WSBA Real Property Listserv
<wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Title commitment and criminal judgment liens
Wow-Thank you very much Tim for the cites. And thank you Dwight for
mentioning the issue.
I'm not sure I've ever even looked at Title 10. RCW 10.64.080 was
enacted in 1881 and has never been amended, and there's basically no
case law on it. As for the clause in RCW 4.56.190 regarding criminal
judgments that apparently my eye has skipped over for the last 25
years-that seems like a rather significant issue for a title company. A
lien for a criminal judgment does not expire until it's paid in full, no
matter how long?!?
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<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>>
On Behalf Of Timothy Steen
Sent: Wednesday, October 14, 2026 7:31 PM
To: WSBA Real Property Listserv
<wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Title commitment and criminal judgment liens
Eric,
There are two different routes for "judgments" to be created, one for
civil judgments via statutes like RCW 4.64.030 and one for orders of
restitution/judgment and sentence (i.e. criminal judgments) that may be
enforced like a civil judgment via statutes like RCW 6.17.020(4) and RCW
9.94A.753(9). The statutes applicable to criminal judgments do not
require a judgment summary, except when being extended for an additional
10 years. I could see how the clerk's office might not enter a
restitution order in the execution docket as a result or apply the
standard of RCW 4.64.030 for civil judgments and not docket the
restitution order. In turn, I could see how a title company (if it were
to search the execution docket) would not find the restitution order.
I also note that RCW 10.64.080 provides: "Judgments for fines in all
criminal actions rendered, are, and may be made liens upon the real
estate of the defendant in the same manner, and with like effect as
judgments in civil actions." See also, RCW 4.56.190.
[A black sign with white text Description automatically generated]
Timothy E. Steen
Attorney | Anderson Hunter Law Firm
2707 Colby Avenue #1001 | Everett, WA 98201
P. (425) 252-5161 | D. (425) 303-3125 | F. (425) 258-3345
tsteen at andersonhunterlaw.com<mailto:tsteen at andersonhunterlaw.com>|
www.andersonhunterlaw.com
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From:
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<wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>>
On Behalf Of Dwight Bickel
Sent: Wednesday, October 14, 2026 1:06 PM
To: WSBA Real Property Listserv
<wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Title commitment and criminal judgment liens
Actually, such judgments are often Orders, with no Judgment Summary, and
in any event those are indexed differently. In my experience, title
companies are not consistently searching for such Orders imposing
criminal restitution.
Is your client the owner, so the commitment is for a sale? If so, is
your client living on the property? If so, the property is homestead and
any Judgment is not legally a lien upon the property without recording.
If your client is not the owner, and is selling, the Commitment for a
purchaser should show that exception and require its payment, or a
release of the lien.
If your client is purchasing, the title company often simply doesn't do
any judgment search, knowing (1) a policy issued to the new lender does
not require exception for judgments against the borrower, because any
judgment lien does not attach prior to the new purchase-money deed of
trust, (2) a policy issued to the judgment debtor does not protect
against the Insured's own debt, and (3) if the property is occupied it
is not a lien unless recorded.
Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at dwightbickel.com<mailto:Dwight at dwightbickel.com>
http://dwightbickel.com<https://urldefense.proofpoint.com/v2/url?u=https-3A__linkprotect.cudasvc.com_url-3Fa-3Dhttp-253a-252f-252fdwightbickel.com-26c-3DE-2C1-2CNU-2DzIvdFX9ZtIIrwmo2L9171WXitYUF2fBR5cruxl5TvY3E9AEMCA4rucf30e9np3k4AtEELR4gE9hTDcYrN1iLV5VjJcaAnk9BVNHo3r0EIp4opcvq6VX7AVA-2C-2C-26typo-3D1&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=p9vJsp0aoiE7RjUE9pW-_Qg_OI-6qMHlnZdfSllgAtM&m=ufWTz3-dtS_lwAGoPyy_Xz4frPlBHAWxutyHzPCJFf4JuTPrgJgdneInvD9om6TJ&s=Zr7v7T9eoaEn2_1o0E9TpYmEJBl_ALZ6JZNB4hsaRLQ&e=
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206-484-1976
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