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WA state real estate law, is a quit claim deed or deed of trust considered valid if not recorded
Seattle, WA
Viewed 1260 times.
Posted about 1 year ago in Real Estate
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Real Estate:
Are documents such as -Real Estate Quit Claim Deed or Deed of trust recognized by court even if it has never been recorded?
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Answers (2)Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 year ago.
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The answer depends on your situation. You should review your facts and options with your attorney.
The Recorder's office generally accept for recording any document that meet the format requirement regardless of the date of signature. In general, properly executed documents that are recorded may have higher precedence than documents signed earlier but unrecorded. Without knowing the relevant facts, no one can provide you with specific information. Roy Earl Morriss
This attorney is licensed in Washington.
Posted about 1 year ago.
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The documents are still valid for the purpose intended by them...the Quit Claim Deed is still a contract to convey whatever interest the Grantor had in the property and the Deed of Trust would still be a valid document between parties that something was going to be held in Trust until whatever was agreed to happen has happened. The problem with unrecorded documents is that they do not provide notice to others of their existence. The law in Washington gives a presumption to whoever files a document first...So, if you have held a Deed for ten years but never recorded it, and then the same Grantor gives a deed to someone else for that piece of property and they go down to the county and record it- under the law, the presumption is that they own the property instead of you. But, in answer to your original question: Yes, a court would recognize documents that have not been recorded, but there might be issues about them being authenticated, about them meeting all the statutory requirements, etc. You are certainly - in most cases- better off recording documents.
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