Are the "strict requirements" of WA regarding the filing of conveyances enforced? By whom?
Seattle, WA
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Posted 4 months ago in Litigation
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WA has strict requirements for filing of conveyances, yet clerks are not charged with reviewing what they file. Q: Is a Deed of Trust Assignment that 1. Assigns the same party as both Beneficiary and Trustee; 2. Is not properly notarized; 3. Does not include legal or abbreviated legal property description; 4. Does not include Tax ID; and 5. The property address is mistyped — is such a document a legal conveyance? Can it be voided without having to file suit?
Answers (2)Elizabeth Rankin Powell
This attorney is licensed in Washington.
Posted 4 months ago.
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You'd have to file a suit for a declaratory judgment/quiet title to get a judge to determine the validity of the assignment. It is not the clerk's job to comment or provide legal advice on what gets recorded. People record all manner of odd things, including their poetry.
You raise some interesting questions, and no attorney can really give you helpful advice without seeing the document and understanding the history. I hope you go find a local, qualified real property attorney and set up a meeting. The Bar has recently commenced a Foreclosure prevention project. If this might help you, you can get more information on the program at http://www.wsba.org Elizabeth Powell uncadunc1
Posted 4 months ago.
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Questioner here. I VERY much appreciate Ms. Powell's response; it does appear that the matter will have to go to court. I've since found that for guidelines and case law related to recorders and what is/isn't valid, the Washington Attorney General gave an excellent response in 1953 - and it hasn't changed (there were no Internet postings in 1953). While the answer is focused on the fact that the "Recorder may but doesn't have to" file defective documents, it lists a number of cases where that which was filed, though it gave some kind of notice to other parties, was nevertheless invalid as a document because of non-compliance with the rules, and nothing to change that position of the State has occurred since:
http://www.atg.wa.gov/opinion.aspx?section=archive&id=11226
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