Posted on: 31st Aug, 2009 10:32 pm
Washington’s RCW 65.08.070 states that a Deed of Trust for which the Assignment of Beneficiary has gone unrecorded “is void as against any subsequent purchaser...whose conveyance is first duly recorded.†Do you know of any case law dealing with this?
Frankly speaking, I do not know any case law dealing with the above mentioned statement. I would suggest you to consult an attorney regarding this. He would be the right person to help you in this regard.
I cant point to specific case law but the following from the 2007 Washington Title Insurance Task Force may shed some light:
"RCW 65.08.070 authorizes "recording" of documents affecting title to real estate, including deeds, mortgages, and some liens, with county auditors. It effectively requires such recording by making any unrecorded document void, as against any subsequently recorded good-faith transaction. Recording puts the public on notice of the title or claim established by the document."
"RCW 65.08.070 authorizes "recording" of documents affecting title to real estate, including deeds, mortgages, and some liens, with county auditors. It effectively requires such recording by making any unrecorded document void, as against any subsequently recorded good-faith transaction. Recording puts the public on notice of the title or claim established by the document."
you have to check with ATTORNEY