HB 2304-S - DIGEST

(DIGEST AS ENACTED)

Provides that when an individual receives medical assistance subject to recovery under RCW 43.20B.080 and the individual is the holder of record title to real property or the purchaser under a land sale contract, the department of social and health services may present to the county clerk for recording in the deed and mortgage records of a county a request for notice of transfer or encumbrance of the real property. The department shall adopt a rule providing prior notice and hearing rights to the record title holder or purchaser under a land sale contract.

Requires the department to present to the county clerk for recording a termination of request for notice of transfer or encumbrance when, in the judgment of the department, it is no longer necessary or appropriate for the department to monitor transfers or encumbrances related to the real property.

Provides that, if the department of social and health services has filed a request for notice of transfer or encumbrance under this act: (1) A title insurance company or agent that discovers the presence of a request for notice of transfer or encumbrance when performing a title search on real property shall disclose the presence of the request for notice of transfer or encumbrance in any report preliminary to, or any commitment to offer, a certificate of title insurance for the real property; and

(2) Any individual who transfers or encumbers real property shall provide the department of social and health services with a notice of transfer or encumbrance.