Vesting Types – Single, Married, or Separate…

Title to real property may be held in a variety of ways in the state of Washington. And the specific way a vesting is written determinines how title is held.  Below are several explanations and examples of the common ways title may be held by individuals or two or more people in Washington State.

ONE SINGLE PERSON

Vesting-TypesWhen holding title as a single person, any of the following vestings are acceptable:

  • John Q. Brown, a single man
  • Mary S. Jones, a single individual
  • John Q. Brown, an unmarried person
  • Mary S. Jones, an unmarried woman

It is acceptable, although unnecessary, to add “as her/her separate estate” to the above vesting.

TWO OR MORE SINGLE PEOPLE

Tenants in Common

When two or more individuals hold title together, they do so as tenants in common, even if the deed does not reflect that (unless the deed creates a joint tenancy). This means that each of the individuals has a separate and distinct claim to some fraction of the ownership involved. The following are examples of acceptable vestings:

  • John Q. Brown and Mary S. Jones, both single individuals
  • Mary S. Jones, an unmarried woman, and John Q. Brown, an unmarried man
  • John Q. Brown, Mary S. Jones and John J. Johnson, all single people, as tenants in common

Then specific amount of ownership can be established by inserting in the vesting the percentage of interest that each of the buyers will hold. An example of this would be:

  • Mary S. Jones, a single woman, as to an undivided 75% interest and John Q. Brown, a single man, as to the remaining undivided 25% interest

If no percentage is set-forth, each of the tenants will have a presumed equal percentage.

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Joint Tenancy

Joint Tenancy is two or more single individuals as “joint tenants with right of survivorship and not as tenants in common”. This means the joint tenants have agreed that if one of them dies, the other will automatically inherit the deceased person’s interest in the property. To create such an estate, the deed must reflect the above verbiage and should contain the following acknowledgement signed by the buyers:

“The grantee acknowledges that it is their intent to acquire the property described herein as joint tenants with right of survivorship and not as tenants in common.”

An example of vesting is:

  • John Q. Brown and Mary S. Brown, a marital community
  • John Q. Brown and Mary S. Brown, husband and wife
  • Mary S. Brown and John Q. Brown, wife and husband

It is possible for a husband and wife to acquire title as joint tenants with right of ownership rather than community property. However, Washington law does not favor joint tenancy between married persons and it is recommended that you consult an attorney before choosing this vesting.

A MARRIED PERSON AS THEIR SEPARATE ESTATE

When one member of the marital community wants to hold title separately from their spouse, title would be vested as follows:

  • Jane Q. Doe, a married woman as her separate estate

This vesting is usually perfected by recording a Quit Claim Deed from the spouse. In the absence of a deed, proof that community funds are not being used for the purchase of the property, or a Decree of Legal Separation with the necessary language establishing separate property would be required. In the event that none of these options are available, the deed can still be recorded with this vesting, but the title company would not be able to insure title in this manner. Instead vesting would be insured as follows:

  • John W. Brown, presumptively subject to the community of interest of his spouse.

If financing is being obtained for the purchase, the scenario may not be practical as the lender will probably require that title be perfected in the separate estate as condition to the loan. Automatic homestead laws may also require the execution of deeds and encumbrances by both the spouses if the subject property is their primary residence.

Deed Types – What Are The Differences?

Signing a Deed

What is a Deed?

Signing a DeedA deed is a legal instrument used to grant a right. The deed is best known as the method of transferring title to real estate from one person to another, often using a description of its “metes and bounds, by lot, block and subdivision, or by parcel/lot and short plat.” However, by the general definition, power of attorneys, commissions, patents and even diplomas conferring academic degrees are also deeds.

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For an Instrument to be a Valid Deed:

  • Deeds must be in writing. Under the Statute of Frauds, interests in real property must be conveyed by written deed.
  • Deeds must evidence consideration. The consideration may be nominal, conveyed as a “gift”, for “love and affection”, or for “$1.00 and other good valuable consideration”.
  • Deeds must contain a legal description, which identifies the real property being conveyed.
  • Deeds must be signed by the grantor (old owner) and the title officer and escrow closer must confirm the grantor’s identity and authority.
  • Deeds must be acknowledged “by the party [signing the deed]…before some person authorized by [the Real Property Conveyance Act]… to take acknowledgments of deeds”.
  • Deeds must be delivered. Delivery occurs when the grantor parts with physical control over the deed with intent “that the deed should presently pass title.”

Deed Conditions

Conditions attached to the acceptance of a deed are known as conditions. In the transfer of real estate, a deed conveys ownership from the old owner (the grantor) to the new owner (the grantee), and can include various warranties. The precise name of these warranties differ by jurisdictions. However the basic difference between them is the degree to which the grantor warrants the title.

Types of Deeds

Types and examples of Real Estate Deeds
Types of Deeds
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Special Warranty Deed This warranty may be limited only to claims which occur after the grantor obtained the real estate.
Warranty Deed The grantor (grantor name) for and in consideration of (insert consideration) in hand paid, conveys and warrants to (grantee name) the following described real estate (insert description), situated in the county of , state of Washington. Dated this — — day of — —, 20___.
Bargain and Sale Deed The grantor (grantor name), for and in consideration of (insert consideration) in hand paid, bargains, sells and conveys to (grantee name) the following described real estate (insert description) situated in the county of __ , state of Washington. Dated this — day of , 20___.
Quitclaim Deed The grantor (grantor name) for and in consideration of (insert consideration) conveys and quitclaims to (grantee’s name) all interest in the following described real estate (legal description), situated in the county of , state of Washington. Dated this — — day of _, 20__.
Deed of Trust Used as an equivalent to a mortgage. A trust deed isn’t like the other types of deeds; it’s not used to transfer property directly. It is commonly used in some states (Washington, for example) to transfer title to land to a “trustee,” usually a trust or title company, which holds the title as security (“ in escrow”) for a loan.
Grant Deed Used for the transfer of property from one person to another person. Each party is required to sign it. Then the document must be notarized, or marked accordingly to show that it was signed before a Notary public. The reason the document must be notarized is that these transactions are frequently forged.
Sheriff’s Deed A deed issued to the buyer of property (grantee) that was sold under court order to pay off a debt.
Tax Deed Sale The forced sale, conducted by a governmental agency, of real estate for nonpayment of taxes. It is one of two methodologies used by governmental agencies to collect delinquent taxes owed on real estate, the other being the tax lien sale. Real estate taxes are considered delinquent if not paid within a specified period of time. If the taxes are not paid, after notice is given to the property owner (as well as others holding an interest in the property, such as a mortgage company), the property is sold at public auction to the highest bidder.

17 Points of Communication for Smoother Closings at Ticor Escrow

Celebrating a successful escrow closing

A resource you can count on…

Celebrating a successful escrow closingEveryone knows that great communication is key for a smooth and successful closing,  but what does great communication mean?

The table below illustrates each point of contact our clients can count on with every closing at Ticor Escrow.  Not only will we keep you and your clients informed throughout the closing but we will also provide the guidance and information to prepare you for the next step in the process.

We are a resource you can count on.

Points of contact during escrow

The proven communication schedule below provides a better client experience with every escrow we close:

Points of Contact Throughout the Escrow Closing Process
Point of Contact Real Estate Agents Lenders Buyers Sellers
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Introduction Phone Calls
Introduction Emails
Email Earnest Money Receipt
Title Review Email with Title Report Included
Detailed File Review Emails (Throughout Transaction)
Contact Both Real Estate Agents to Verify Purchase Price and Closing Date
Loan Document Status Emails to Real Estate AgentsWe relay any updates/correspondence we receive as to loan status includingfinal approval received and eta on loan docs
Contact Buyers & Sellers to Prepare the Clients for Closing Process
Loan Documents Arrive in Escrow – Email Notification to All Parties
Email Estimated HUD for Lender Approval & Agent Review
Email Approved HUD to Real Estate Agents, Buyer, Seller
Contact Clients to Schedule Signing Appointments
Email Agents & Lender to Notify that Signing Appointments Have Been Scheduled
Email All Parties Once Lender Funding Authorization is Received
Email All Parties Once Loan Funds are Received and we RELEASE for RECORDING
Call All Parties Once Recording Numbers Are Received
Email All Parties Final Settlement Statements and Recording Numbers

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Escrow Points of Contact

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Do you have questions or comments? Please share below.

Celebrating the Completion of the New Raft Island Bridge

The New Raft Island Bridge

The New Raft Island BridgeOn Sunday, June 29, the community of Raft Island celebrated the opening of a new bridge that replaced the original 1958 bridge. Ticor Title would like to congratulate the Raft Island community for this major milestone. We are grateful to have provided title insurance for this project.

Construction of the New  Bridge

For the first six months of 2014, residents of Raft Island  watched the construction of the new bridge unfold adjacent to the original 57-year old bridge.  On Sunday, June 29 they celebrated its completion with the boom of a cannon, a picnic, live music, and a crossing by a car from the LeMay car museum.

The Infrastructure Assistance Coordinating Council awarded RIIA first place for Community Facilities projects in 2014.   This category includes projects like hospitals, health clinics and public safety facilities. In an October 1 ceremony, RIIA was cited by 300 IACC members.   The island was commended for facing up to the difficult choices and tasks inherent in replacing an aging bridge over a navigable coastal area.

Bridge History

In 1957 Raft Island was purchased for $80,000 by Archie Matthew Sr. Who initiated construction of the original bridge in 1958.  Matthew then sold the majority of the island in 1959 for the sum of $348,000. In 1995, after nearly 40 years of service, engineers determined that the original raft island bridge had a projected lifespan of approximately 20 years.  Below is a timeline leading up to the construction of the new bridge.

  • 1958 Matthew constructs 2-Lane 788-ft x 20-ft Timber Bridge with Concrete Decking
  • 1977 RIIA purchases the Bridge and Access Road (off Kopachuck) for $50,0000.  RIIA is a taxable  non-profit home owners association (HOA).
  • 1995 Engineers Inspection reveals on-going deterioration with remaining bridge life of approx 20 years (to 2016) **
  • 1996 Membership approves Annual Special Assessment called the Bridge Replacement Fund (BRF)
  • 1996 Each lot assessed $130 BRF with 8.04% added each year thereafter (BRF will be $610 in 2016)
  • 2005 Updated construction estimates reveal BRF falling behind projected bridge replacement construction costs.  Board initiates full review of bridge condition and options.
  • 2007 Board studies many options including possibility to get a Road Improvement District approved by Pierce County.
  • 2009 Volunteer Bridge Committee formed to review Bridge Options
  • 2010 membership approves preliminary design of new bridge in order to compete for low interest Federal Stimulus loan.    State and Federal agencies give favorable pre-screenings of plan.
  • 2011-2012 in a series of votes, RIIA voters overwhelmingly approve replacing bridge (75%+)
  • Though taxed at 33% rate, the BRF is able to cover 25% of the cost of new bridge
  • USDA offers 80% guarantee to any bank that will provide RIIA with long term loan
  • 33 banks pursued for loan.  All report a 30 yr. bridge loan is outside their expertise
  • USDA agrees to provide 30 yr. loan at fixed interest (no construction financing offered.)
  • More banks pursued until Northwest Farm Credit Services agrees to provide construction line of credit under an ARC bond.

Insuring Title for the Raft Island Bridge Project

We are pleased and honored that Ticor Title provided the title insurance policy for the Raft Island bridge project.  An unusual project such as this brings unusual challenges.

To explain, we have provided a brief Q&A with our Sr. Commercial Title Officer, David Watson:

Q: What role did Ticor Title play in the development of the new Raft Island Bridge?

A: Ticor Title provided a lender’s title policy to NW Farm Credit Services for approximately 5.7 million in coverage to complete the financing package for this project. Initially the residents of Raft Island spent 20 plus years raising money for the construction of a new bridge and the NW Farm Credit Services loan was the last piece of the puzzle.

Q: What is involved in a title search for a project like this?

A: This was a fun search completed by Miriam Hatcher a veteran of over 30 years examining Pierce County properties. This was her first bridge. The interesting thing about this is that since Raft Island Improvement Association had an existing bridge and had been conveyed the property, we didn’t have to deal with the State of Washington or Pierce County. Our contacts were for the most part the Raft Island Improvement Association Board.

We had typical issues you see when dealing with waterfront property, however for the most part, the title exam process was not terribly difficult which was a pleasant surprise going into the project. Since the Raft Island Association had been working on the project for so long, much of the heavy lifting, permits, and approvals had already been put in place and were recorded for our review.

The biggest issue for us was ensuring that we were getting a full picture of the documents recorded which affected the bridge and the land around the bridge. Miriam had to spend a lot of time reviewing documents that had no real effect on the bridge project due to the inconsistency in how recorded documents were posted in the plant for property such as this. This was truly a “round peg in a square hole” type of title exam.

Late Afternoon Traffic on the Raft Island Bridge – [Hyperlapse Video]

Q: Why was Ticor chosen as the title insurer for this project and what unique skills or expertise did your team bring?

A: We were chosen for this project by way of a recommendation. Lee Smith an agent at Windermere Gig Harbor was asked by the Raft Island Board to recommend a title company and he provided them with Lucy Ritchie’s contact information. This is a prime example of the importance of word of mouth and maintaining a good reputation in the real estate community and the opportunities this brings for future business.

Q: What was the biggest challenge with this project from the title insurance perspective?

A: From a title insurance prospective this wasn’t as daunting a challenge as we initially thought when we first started looking at the project. The construction for the new bridge had already begun when we started on the project, bringing up potential lien priority issues. But NW Farm Credit Services didn’t need coverage to shield them from this potential lien liability so that ended up being a non-issue. This ended up being a pretty routine construction loan transaction due in large part to the preparation of the Raft Island Improvement Association and the years they had spent getting the project permitted, financed and approved.

Open House – October 9 – Ticor Title in Kent, WA

Ticor Title - Kent, WA Open House

Ticor Title - Kent, WA Open House

Ticor Title Kent – Open House

Our Kent, WA escrow location has relocated and you are cordially invited to join us for appetizers and drinks as we celebrate.  The festivities will begin at 4:00PM October 9th. We hope you will join us!

When

October 9, 2014
4:00PM – 7:00PM

Where

Ticor Title Company
Kent Escrow Branch
10840 SE 208th St
Kent, WA 98031

Please RSVP

Via Phone: (253) 631-3990

Contact & Customer Service

Phone: (253) 631-3990 Customer Service: cs.wa@ticortitle.com

Location & Directions

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Ticor Title Kent, WA Open House invitation

Open House September 25 – Ticor Title Federal Way

Ticor Title Federal Way – Open House

You are cordially invited to join us for appetizers and drinks as we celebrate at our new escrow location in Federal Way.  The festivities will begin at 4:00PM September 25th. We hope you will join us!

When

September 25, 2014
4:00PM – 7:00PM

Where

Ticor Title Company
Federal Way Escrow Branch
33400 9th Ave S, Suite 102
Federal Way, WA 98003

Please RSVP

Via Phone: (253) 765-7255

 

View the invite

federal-way-open-house

Contact & Customer Service

Phone: (253) 765-7255 Customer Service: cs.wa@ticortitle.com

Location & Directions

Video Tour and Photo Gallery – Ticor Title in Everett

A view of the reception area at Ticor Title in Everett

It’s been a few weeks since the opening of our new escrow office in Everett. And with our open house quickly approaching we wanted to give everyone a glimpse of the new space. Below you’ll find a brief virtual tour and a photo gallery.

Where to find us

Ticor Title – Everett

2825 Colby Ave, Suite 300
Everett, WA 98201
Phone: (425) 586-6964
Map & Directions

Your Closing Experience

Our office is conveniently located on the corner of Colby Ave. and Hewitt Ave. in Everett. When you arrive, you’ll be greeted with a smile, offered refreshments, and promptly escorted to your own private signing room. Our team’s goal is to provide you with the best possible closing experience for your real estate transaction.

Come See Us

All are welcome to pop in and check out the fantastic new office, but in the mean time check out the video tour and photo gallery here. We’re confident that buyers, sellers, real estate agents, and lenders will appreciate our new location in Everett.

We look forward to seeing you soon!

Photo Gallery of Ticor Title – Everett, WA

Ticor Everett Grand Opening – September 18

Ticor Title Everett

Ticor Title Everett

Ticor Title Everett – Open House

You are cordially invited to join us for appetizers and drinks as we celebrate the opening of our Snohomish County Everett branch.  The festivities will begin at 4:00PM September 18th.

We hope you will join us!

When

September 18, 2014
4:00PM – 7:00PM

Where

Ticor Title Company
Shohomish County Everett Branch
2825 Colby Ave
Suite 300
Everett, WA 98201

Please RSVP

Via Phone: (425) 586-6964

Contact & Customer Service

Phone: (425) 586-6964

Customer Service: cs.wa@ticortitle.com

Location & Directions

Announcing the Relocation of Ticor’s Kent Branch

Ticor Title Kent, WA

Ticor Title Kent, WA

We are very pleased to announce that our escrow branch in Kent has relocated to a more convenient and central location! The growth of our business in Kent has brought with it the need for a fresh space, a more central location, and an upscale look & feel to better serve our clients.

You’ll find our Kent branch located at the intersection of SE 208th St and 108th Ave SE.

We think you’ll love the ample parking, easy access from the street level, upscale look & feel, and of course the same friendly faces! Please stop by and see us soon.

Where to find us

Ticor Title – Kent Branch

10840 SE 208th St
Kent, WA 98031
Phone: (253) 631-3990
Fax: (253) 631-3991

Map & Directions

NEW! Buyer & Seller Resources for Smoother Transactions

Buyer-Seller-Guide-1New Buyer/Seller Guides

Check out the freshly updated Buyer and Seller resource library on myTicor.com! The new guides and booklets are free to download and can improve the client experience with every real estate transaction.

Read more...

Educating & Communicating for Greater Success!

buyer-seller-resourcesClear communication, knowledge, and mutual understanding can make all the difference in a real estate transaction. Read more