HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No. HB 1038

Recording of documents/office of county auditor      Public Hrg: 1/21/97 

Brief Title

Reps. D. Schmidt/Scott                                        Staff Contact: Steve Lundin

Sponsor                                    Comm. on Govt. Admin.

                                           Phone: 786-7127

BACKGROUND:

Documents relating to real property are filed with county auditors.  Considerable detail is provided in statute for recording and indexing these documents.

SUMMARY:

A number of changes are made to the recording of documents with county auditors.

The nature of various recordings is altered.  The actual document canceling a lawsuit relating to real property or a court order canceling a mortgage is filed with the county auditor, instead of placing notice of the cancellation of a matter in the margin of a related document that was previously filed.

A county auditor must note the record location number of the original lien, mortgage, or other instrument in the comment section of the index whenever an instrument of release, or acknowledgment of satisfaction, is filed relating to the incumbrance.

The requirement is eliminated that county auditors maintain separate books or indices for the following types of filed documents: (1) The locations of new state highway lines; (2) liens filed by doctors, nurses, hospitals, or ambulances; and (3) federal tax liens.

The location of documents filed with a county auditor may be referenced by the county auditor=s record location number rather than by the book or volume of records and page number.

It is clarified that the county auditor may procure Amedia@ rather than Abooks@ for recording various instruments.

                           Continued

HB 1038 - Page 2 (continued)

The term Amultiple transactions@ is defined to clarify when separate fees are charged for each separate transaction contained in a single instrument filed with a county auditor.

It is clarified that in many charter counties instruments are filed with an official other than the county auditor.

It is clarified that a real estate tax stamp affixed to an instrument conveying real property constitutes evidence that real estate excise taxes have been paid.

A statement of the precise amount of an old recording fee is replaced with general language about the Aappropriate@ recording fee.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:   Ninety days after adjournment of session in which bill is passed.