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title-65•Title 65 RCW — Recording, Registration, and Legal Publication
title-65RCW tit. 65CodeJan 1, 1900
The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Recording officer" means the county auditor, or in charter counties the county official charged with the responsibility for recording instruments in the county records.
(2) "File," "filed," or "filing" means the act of delivering or transmitting electronically an instrument to the auditor or recording officer for recording into the official public records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume and page, reel and frame, instrument number, auditor or recording officer file number, receiving number, electronic retrieval code, or other specific place) of each instrument in the public records accessible in the same recording office where the instrument containing the reference to the location is found.
(5) "Grantor/grantee" for recording purposes means the names of the parties involved in the transaction used to create the recording index. There will always be at least one grantor and one grantee for any document. In some cases, the grantor and the grantee will be the same individual(s), or one of the parties may be the public.
(6) "Legible and capable of being imaged" means all text, seals, drawings, signatures, or other content within the document must be legible and capable of producing a readable image, regardless of what process is used for recording.
[ 1999 c 233 s 10; 1998 c 27 s 3; 1996 c 229 s 1; 1991 c 26 s 3. ]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
For the purpose of recording deeds and other instruments of writing, required or permitted by law to be recorded, the county auditor shall procure such media for records as the business of the office requires.
[ 1999 c 233 s 11; 1985 c 44 s 14; 1893 c 119 s 10; Code 1881 s 2726; RRS s 10600. ]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
The auditor or recording officer must, upon the payment of the fees as required in RCW 36.18.010 for the same, acknowledge receipt therefor in writing or printed form and record in large and well bound books, or by photographic, photomechanical, electronic format, or other approved process, the following:
(1) Deeds, grants and transfers of real property, mortgages and releases of mortgages of real estate, instruments or agreements relating to community or separate property, powers of attorney to convey real estate, and leases which have been acknowledged or proved: PROVIDED, That deeds, contracts and mortgages of real estate described by lot and block and addition or plat, shall not be filed or recorded until the plat of such addition has been filed and made a matter of record;
(2) Patents to lands and receivers' receipts, whether for mineral, timber, homestead or preemption claims or cash entries;
(3) All such other papers or writing as are required by law to be recorded and such as are required by law to be filed.
[ 1996 c 229 s 2; 1991 c 26 s 4; 1985 c 44 s 15; 1967 c 98 s 1; 1919 c 182 s 1; 1893 c 119 s 11; Code 1881 s 2727; 1865 p 26 s 1; RRS s 10601. ]
NOTES:
Claim of spouse or domestic partner in community realty to be filed: RCW 26.16.100.
Marriage certificate to county auditor, filing and recording, etc.: RCW 26.04.090, 26.04.100.
Purchaser of community realty protected by record title: RCW 26.16.095.
Any person who has knowledge of the existence of any cemetery, abandoned cemetery, historical cemetery, or historic grave that has not been dedicated pursuant to RCW 68.24.010 through 68.24.040 may file for recording, in the county in which the cemetery or grave is located, a notice of abandoned cemetery document providing notice of the existence of the cemetery or grave. Such document shall contain the legal description of the property, the approximate location of the cemetery or grave within the property, the name of the owner or reputed owner of the property, and the assessor's tax parcel or account number. The auditor or recording officer shall index the document to the names of the property owner and the person executing the document.
[ 1999 c 367 s 1. ]
Any state, county, or municipal officer charged with the duty of recording instruments in public records shall record them by *record location number in the order filed, irrespective of the type of instrument, using a process that has been tested and approved for the intended purpose by the state archivist.
In addition, the county auditor or recording officer, in the exercise of the duty of recording instruments in public records, may, in lieu of transcription, record all instruments, that he or she is charged by law to record, by any electronic data transfer, photographic, photostatic, microfilm, microcard, miniature photographic or other process that actually reproduces or forms a durable medium for so reproducing the original, and which has been tested and approved for the intended purpose by the state archivist. If the county auditor or recording officer records any instrument by a process approved by the state archivist it shall not be necessary thereafter to make any notations or marginal notes, which are otherwise required by law, thereon if, in lieu of making said notations thereon, the auditor or recording officer immediately makes a note of such in the general index in the column headed "remarks," listing the record number location of the instrument to which the current entry relates back.
Previously recorded or filed instruments may be processed and preserved by any means authorized under this section for the original recording of instruments. The county auditor or recording officer may provide for the use of the public, media containing reproductions of instruments and other materials that have been recorded pursuant to the provisions of this section. The contents of the media may be arranged according to date of filing, irrespective of type of instrument, or in such other manner as the county auditor or recording officer deems proper.
[ 1996 c 229 s 3; 1991 c 26 s 5; 1985 c 44 s 16; 1967 c 98 s 2; 1959 c 254 s 1; 1919 c 125 s 1; RRS s 10602. ]
NOTES:
*Reviser's note: The definition "record location number" was changed to "recording number" by 1999 c 233 s 10.
Fees for recording instruments: RCW 36.18.010.
State archivist: RCW 40.14.020.
(1) When any instrument is presented to a county auditor or recording officer for recording, the first page of the instrument shall contain:
(a) A top margin of at least three inches and a one-inch margin on the bottom and sides, except that an instrument may be recorded if a minor portion of a notary seal, incidental writing, or minor portion of a signature extends beyond the margins;
(b) The top left-hand side of the page shall contain the name and address to whom the instrument will be returned;
(c) The title or titles, or type or types, of the instrument to be recorded indicating the kind or kinds of documents or transactions contained therein immediately below the three-inch margin at the top of the page. The auditor or recording officer shall be required to index only the title or titles captioned on the document;
(d) Reference numbers of documents assigned or released with reference to the document page number where additional references can be found, if applicable;
(e) The names of the grantor(s) and grantee(s), as defined under RCW 65.04.015, with reference to the document page number where additional names are located, if applicable;
(f) An abbreviated legal description of the property, and for purposes of this subsection, "abbreviated legal description of the property" means lot, block, plat, or section, township, range, and quarter/quarter section, and reference to the document page number where the full legal description is included, if applicable;
(g) The assessor's property tax parcel or account number set forth separately from the legal description or other text.
(2) All pages of the document shall be on sheets of paper of a weight and color capable of producing a legible image that are not larger than fourteen inches long and eight and one-half inches wide with text printed or written in eight point type or larger. All text within the document must be of sufficient color and clarity to ensure that when the text is imaged all text is readable. Further, all pages presented for recording must have at minimum a one-inch margin on the top, bottom, and sides for all pages except page one, except that an instrument may be recorded if a minor portion of a notary seal, incidental writing, or minor portion of a signature extends beyond the margins, be prepared in ink color capable of being imaged, and have all seals legible and capable of being imaged. No attachments, except firmly attached bar code or address labels, may be affixed to the pages.
(3) When any instrument, except those generated by governmental agencies, is presented to a county auditor or recording officer for recording, the document may not contain the following information: (a) A social security number; (b) a date of birth identified with a particular person; or (c) the maiden name of a person's parent so as to be identified with a particular person.
The information provided on the instrument must be in substantially the following form:
This Space Provided for Recorder's Use
When Recorded Return to:
. . . .
Document Title(s)
Grantor(s)
Grantee(s)
Legal Description
Assessor's Property Tax Parcel or Account Number
Reference Numbers of Documents Assigned or Released
[ 2005 c 134 s 1; 1999 c 233 s 12; 1998 c 27 s 1; 1996 c 143 s 2. ]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
Effective date—1996 c 143: See note following RCW 36.18.010.
(1) If the first page of an instrument presented for recording does not contain the information required by RCW 65.04.045(1), the person preparing the instrument for recording shall prepare a cover sheet that contains the required information. The cover sheet shall be attached to the instrument and shall be recorded as a part of the instrument. An additional page fee as determined under RCW 36.18.010 shall be collected for recording of the cover sheet. Any errors in the cover sheet shall not affect the transactions contained in the instrument itself. The cover sheet need not be separately signed or acknowledged. The cover sheet information shall be used to generate the auditor's grantor/grantee index, however, the names and legal description in the instrument itself will determine the legal chain of title. The cover sheet shall be substantially the following form:
Return Address
Please print or type information
Document Title (s) (or transactions contained therein):
Grantor (s) (Last name first, then first name and initials)
□ Additional names on page of document.
Grantee (s) (Last name first, then first name and initials)
□ Additional names on page of document.
Legal Description (abbreviated: i.e., lot, block, plat or section, township, range)
□ Additional legal description is on page of document.
Assessor's Property Tax Parcel or Account Number at the time of recording:
Reference Number(s) of Documents assigned or released:
□ Additional references on page of document.
The Auditor or Recording Officer will rely on the information provided on this form. The staff will not read the document to verify the accuracy of or the completeness of the indexing information provided herein.
(2) Documents which are exempt from format requirements and which may be recorded with a properly completed cover sheet include: Documents which were signed prior to January 1, 1997; military separation documents; documents executed outside of the United States; certified copies of documents; any birth or death certificate; marriage certificates from outside the state of Washington; any document, one of whose original signer is deceased or otherwise incapacitated; and judgments or other documents formatted to meet court requirements.
[ 1999 c 233 s 13; 1998 c 27 s 2; 1996 c 143 s 3.]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
Effective date—1996 c 143: See note following RCW 36.18.010.
PDFRCW 65.04.048
Additional fee for certain documents not meeting requirements—Signed statement.
(1) Documents which must be recorded immediately and which do not meet margin and font size requirements may be recorded for an additional fee of fifty dollars. Documents which do not meet legibility requirements must not be recorded as a nonstandard recording.
(2) In addition to preparing a properly completed cover sheet as described in RCW 65.04.047, the person preparing the document for recording must sign a statement which must be attached to the document and which must read substantially as follows: "I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document."
[ 1999 c 233 s 14.]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
PDFRCW 65.04.050
Index of instruments, how made and kept—Recording of plat names.
Every auditor or recording officer must keep a general index, direct and inverted. The index may be either printed on paper or produced on microfilm or microfiche, or it can be created from a computerized database and displayed on a video display terminal. Any reference to a prior *record location number may be entered in the remarks column. Any property legal description contained in the instrument must be entered in the description of property column of the general index. The direct index shall be divided into eight columns, and with heads to the respective columns, as follows: Date of reception, grantor, grantee, nature of instrument, volume and page where recorded and/or the auditor's file number, remarks, description of property, assessor's property tax parcel or account number. The auditor or recording officer shall correctly enter in such index every instrument concerning or affecting real estate which by law is required to be recorded, the names of grantors being in alphabetical order. The inverted index shall also be divided into eight columns, precisely similar, except that "grantee" shall occupy the second column and "grantor" the third, the names of grantees being in alphabetical order. The auditor or recording officer may combine the direct and indirect indexes into a single index if it contains all the information required to be contained in the separate direct and indirect indexes and the names of all grantors and grantees can be found by a person searching the combined index. For the purposes of this chapter, the term "grantor" means any person conveying or encumbering the title to any property, or any person against whom any lis pendens, judgment, notice of lien, order of sale, execution, writ of attachment, claims of separate or community property, or notice for request of transfer or encumbrance under RCW 43.20B.750 shall be placed on record. The auditor or recording officer shall also enter in the general index, the name of the party or parties platting a town, village, or addition in the column prescribed for "grantors," describing the grantee in such case as "the public." However, the auditor or recording officer shall not receive or record any such plat or map until it has been approved by the mayor and common council of the municipality in which the property so platted is situated, or if the property be not situated within any municipal corporation, then the plat must be first approved by the county legislative authority. The auditor or recording officer shall not receive for record any plat, map, or subdivision of land bearing a name the same or similar to the name of any map or plat already on record in the office. The auditor or recording officer may establish a name reservation system to preclude the possibility of duplication of names.
[ 2005 c 292 s 3; 1996 c 143 s 4; 1991 c 26 s 6; 1893 c 119 s 12; Code 1881 s 2728; 1869 p 314 s 24; RRS s 10603.]
NOTES:
*Reviser's note: The definition "record location number" was changed to "recording number" by 1999 c 233 s 10.
Effective date—1996 c 143: See note following RCW 36.18.010.
PDFRCW 65.04.060
Record when lien is discharged.
Whenever any mortgage, bond, lien, or instrument incumbering real estate, has been satisfied, released or discharged, by the recording of an instrument of release, or acknowledgment of satisfaction, the auditor shall immediately note, in the comment section of the index, the recording number of the original mortgage, bond, lien, or instrument.
[ 1999 c 233 s 15; 1985 c 44 s 17; Code 1881 s 2729; 1869 p 315 s 25; RRS s 10604.]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
PDFRCW 65.04.070
Recording judgments affecting real property.
The auditor must file and record with the record of deeds, grants, and transfers certified copies of final judgments or decrees partitioning or affecting the title or possession of real property, any part of which is situated in the county of which he or she is recorder. Every such certified copy or partition, from the time of filing the same with the auditor for record, imparts notice to all persons of the contents thereof, and subsequent purchasers, mortgagees, and lienholders purchase and take with like notice and effect as if such copy or decree was a duly recorded deed, grant, or transfer.
[ 2012 c 117 s 205; Code 1881 s 2730; RRS s 10605.]
PDFRCW 65.04.080
Entries when instruments offered for record—Content restrictions.
(1) When any instrument, paper, or notice, authorized or required by law to be filed or recorded, is deposited in or electronically transmitted to the county auditor's office for filing or record, that officer must indorse upon the same the time when it was received, noting the year, month, day, hour and minute of its reception, and note that the document was received by electronic transmission, and must file, or file and record the same without delay, together with the acknowledgments, proofs, and certificates written or printed upon or annexed to the same, with the plats, surveys, schedules and other papers thereto annexed, in the order and as of the time when the same was received for filing or record, and must note on the instrument filed, or at the foot of the record the exact time of its reception, and the name of the person at whose request it was filed or filed and recorded. However, the county auditor shall not be required to accept for filing, or filing and recording, any instrument unless there appear upon the face thereof, the name and nature of the instrument offered for filing, or filing and recording, as the case may be.
(2) When any instrument, except those generated by governmental agencies, is presented to a county auditor or recording officer for recording, the document may not contain the following information: (a) A social security number; (b) a date of birth identified with a particular person; or (c) the maiden name of a person's parent so as to be identified with a particular person.
[ 2005 c 134 s 2; 1996 c 229 s 4; 1985 c 44 s 18; 1927 c 187 s 1; Code 1881 s 2731; 1869 p 313 s 19; RRS s 10606.]
PDFRCW 65.04.090
Further endorsements—Delivery.
The recording officer must also endorse upon such an instrument, paper, or notice, the time when and the book and page in which it is recorded, and must thereafter either electronically transmit or deliver it to the party leaving the same for record or to the address on the face of the document.
[ 2003 c 239 s 1; 1996 c 229 s 5; Code 1881 s 2732; RRS s 10607.]
PDFRCW 65.04.110
Liability of auditor for damages.
If any county auditor to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded is delivered or electronically transmitted for record: (1) Neglects or refuses to record such instrument, paper or notice, within a reasonable time after receiving the same; or (2) records any instruments, papers or notices untruly, or in any other manner than as directed in this chapter; or, (3) neglects or refuses to keep in his or her office such indexes as are required by *this act, or to make the proper entries therein; or, (4) neglects or refuses to make the searches and to give the certificate required by *this act; or if such searches or certificate are incomplete and defective in any important particular affecting the property in respect to which the search is requested; or, (5) alters, changes, or obliterates any records deposited in his or her office, or inserts any new matter therein; he or she is liable to the party aggrieved for the amount of damage which may be occasioned thereby. However, if the name or names and address hand printed, printed, or typewritten on any instrument, proved or acknowledged according to law, or on any paper or notice which may by law be filed or recorded, is or are incorrect, or misspelled or not the true name or names of the party or parties appearing thereon, the county auditor shall not, by reason of such fact, be liable for any loss or damage resulting therefrom.
[ 1996 c 229 s 6; 1965 c 134 s 1; Code 1881 s 2734; RRS s 10609.]
NOTES:
*Reviser's note: The language "this act" appears in Code 1881 c 211, codified herein as RCW 5.44.070, 36.16.030 through 36.16.050, 36.16.070, 36.16.080, 36.22.110 through 36.22.130, 36.22.150, 65.04.020, 65.04.030, 65.04.050 through 65.04.110, 65.04.130, and 65.04.140.
PDFRCW 65.04.115
Names on documents, etc., to be printed or typewritten—Indexing.
The name or names appearing on all documents or instruments, proved or acknowledged according to law, or on any paper which may by law be filed or recorded shall be hand printed, printed or typewritten so as to be legible and the county auditor shall index said documents and instruments in accordance with the hand printed, printed or typewritten name or names appearing thereon.
[ 1965 c 134 s 2.]
PDFRCW 65.04.130
Fees to be paid or tendered.
Said county auditor is not bound to record any instrument, or file any paper or notice, or furnish any copies, or to render any service connected with his or her office, until his or her fees for the same, as prescribed by law, are if demanded paid or tendered.
[ 2012 c 117 s 206; Code 1881 s 2735; RRS s 10610.]
PDFRCW 65.04.140
Auditor as custodian of records.
The county auditor in his or her capacity of recorder of deeds is sole custodian of all books in which are recorded deeds, mortgages, judgments, liens, incumbrances, and other instruments of writing, indexes thereto, maps, charts, town plats, survey and other books and papers constituting the records and files in said office of recorder of deeds, and all such records and files are, and shall be, matters of public information, free of charge to any and all persons demanding to inspect or to examine the same, or to search the same for titles of property. It is said recorder's duty to arrange in suitable places the indexes of said books of record, and when practicable, the record books themselves, to the end that the same may be accessible to the public and convenient for said public inspection, examination, and search, and not interfere with the said auditor's personal control and responsibility for the same, or prevent him or her from promptly furnishing the said records and files of his or her said office to persons demanding any information from the same. The said auditor or recorder must and shall, upon demand, and without charge, freely permit any and all persons, during reasonable office hours, to inspect, examine, and search any or all of the records and files of his or her said office, and to gather any information therefrom, and to make any desired notes or memoranda about or concerning the same, and to prepare an abstract or abstracts of title to any and all property therein contained. The county auditor has fulfilled this obligation regarding those records that can be accessed by the public on the county auditor's website.
[ 2021 c 122 s 7; 2012 c 117 s 207; 1886 p 163 s 1; 1883 p 34 s 1; Code 1881 s 2736; RRS s 10611.]
NOTES:
Finding—Intent—2021 c 122: See note following RCW 2.32.050.
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(1) An instrument in writing purporting to convey or encumber real estate or any interest therein, which has been recorded in the auditor's office of the county in which the real estate is situated, although the instrument may not have been executed and acknowledged in accordance with the law in force at the time of its execution, shall impart the same notice to third persons, from the date of recording, as if the instrument had been executed, acknowledged, and recorded, in accordance with the laws regulating the execution, acknowledgment, and recording of the instrument then in force.
(2) A tangible copy of an electronic record purporting to convey or encumber real estate or any interest therein, which has been recorded in the auditor's office of the county in which the real estate is situated, although the tangible copy may not have been certified by a notarial officer in accordance with RCW 42.45.020(3), imparts the same notice to third persons, from the date of recording, as if the tangible copy had been so certified.
[ 2019 c 154 s 8; 1953 c 115 s 1. Prior: 1929 c 33 s 8; RRS s 10599. ]
NOTES:
Effective date—2019 c 154: See note following RCW 42.45.280.
Every cash or final receipt from any receiver, and every cash or final certificate from any register of the United States land office, evidencing that final payment has been made to the United States as required by law, or that the person named in such certificate is entitled, on presentation thereof, to a patent from the United States for land within the state of Washington, shall be recorded by the county auditor of the county wherein such land lies, on request of any party presenting the same, and any record heretofore made of any such cash or final receipt or certificate shall, from the date when this section becomes a law, and every record hereafter made of any such receipt or certificate shall, from the date of recording, impart to third persons and all the world, full notice of all the rights and equities of the person named in said cash or final receipt or certificate in the land described in such receipt or certificate.
[ 1890 p 92 s 1; RRS s 10613. ]
(1) The term "real property" as used in RCW 65.08.060 through 65.08.150 includes lands, tenements and hereditaments and chattels real and mortgage liens thereon except a leasehold for a term not exceeding two years.
(2) The term "purchaser" includes every person to whom any estate or interest in real property is conveyed for a valuable consideration and every assignee of a mortgage, lease or other conditional estate.
(3) The term "conveyance" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned or by which the title to any real property may be affected, including an instrument in execution of a power, although the power be one of revocation only, and an instrument releasing in whole or in part, postponing or subordinating a mortgage or other lien; except a will, a lease for a term of not exceeding two years, and an instrument granting a power to convey real property as the agent or attorney for the owner of the property. "To convey" is to execute a "conveyance" as defined in this subdivision.
(4) The term "recording officer" means the county auditor or, in charter counties, the county official charged with the responsibility for recording instruments in the county records.
[ 1999 c 233 s 16; 1984 c 73 s 1; 1927 c 278 s 1; RRS s 10596-1. ]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
(1) A conveyance of real property, when acknowledged by the person executing the same (the acknowledgment being certified as required by law), may be recorded in the office of the recording officer of the county where the property is situated. Every such conveyance not so recorded is void as against any subsequent purchaser or mortgagee in good faith and for a valuable consideration from the same vendor, his or her heirs or devisees, of the same real property or any portion thereof whose conveyance is first duly recorded. An instrument is deemed recorded the minute it is filed for record.
(2) A recording officer as defined in RCW 65.08.060(4) may accept for recording under this section a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record under RCW 42.45.020(3).
[ 2019 c 154 s 9; 2012 c 117 s 208; 1927 c 278 s 2; RRS s 10596-2. Prior: 1897 c 5 s 1; Code 1881 s 2314; 1877 p 312 s 4; 1873 p 465 s 4; 1863 p 430 s 4; 1860 p 299 s 4; 1858 p 28 s 1; 1854 p 403 s 4. ]
NOTES:
Effective date—2019 c 154: See note following RCW 42.45.280.
RCW 65.08.070 applicable to rents and profits of real property: RCW 7.28.230.
Letters patent from the United States or the state of Washington granting real property may be recorded in the office of the recording officer of the county where such property is situated in the same manner and with like effect as a conveyance that is entitled to be recorded.
[ 1927 c 278 s 4; RRS s 10596-4. ]
Every conveyance of fee title to real property hereafter executed by the state or by any political subdivision or municipal corporation thereof shall be recorded by the grantor, after having been reviewed as to form by the grantee, at the expense of the grantee at the time of delivery to the grantee, and shall constitute legal delivery at the time of filing for record.
[ 1963 c 49 s 1. ]
A copy of a conveyance of or other instrument affecting real property recorded or filed in the office of the secretary of state or the commissioner of public lands, or of the record thereof, when certified in the manner required to entitle the same to be read in evidence, may be recorded with the certificate in the office of any recording officer of the state.
[ 1927 c 278 s 5; RRS s 10596-5. ]
A copy of a record, when certified or authenticated to entitle it to be read in evidence, may be recorded in any office where the original instrument would be entitled to be recorded. Such record has the same effect as if the original were so recorded. A copy of the record of a conveyance of or other instrument affecting separate parcels of real property situated in more than one county, when certified or authenticated to entitle it to be read in evidence may be recorded in the office of the recording officer of any county in which any such parcel is situated with the same effect as though the original instrument were so recorded.
[ 1927 c 278 s 6; RRS s 10596-6. ]
The recording of an assignment of a mortgage is not in itself notice to the mortgagor, his or her heirs, assigns or personal representatives, to invalidate a payment made by any of them to a prior holder of the mortgage.
[ 2012 c 117 s 209; 1927 c 278 s 7; RRS s 10596-7. ]
A power of attorney or other instrument recorded pursuant to RCW 65.08.060 through 65.08.150 is not deemed revoked by any act of the party by whom it was executed unless the instrument of revocation is also recorded in the same office in which the instrument granting the power was recorded.
[ 1927 c 278 s 8; RRS s 10596-8. ]
A recording officer is not liable for recording an instrument in a wrong book, volume or set of records if the instrument is properly indexed with a reference to the volume and page or recording number where the instrument is actually of record.
[ 1999 c 233 s 17; 1927 c 278 s 9; RRS s 10596-9. Formerly RCW 65.04.120. ]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
A recording officer, upon payment or tender to him or her of the lawful fees therefor, shall record in his or her office any instrument authorized or permitted to be so recorded by the laws of this state or by the laws of the United States.
[ 2012 c 117 s 210; 1943 c 23 s 1; 1927 c 278 s 10; RRS s 10596-10. Formerly RCW 65.04.010. ]
A mortgage or deed of trust of real estate may be recorded and constructive notice of the same and the contents thereof given in the following manner:
(1) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or deed of trust may be recorded in the office of the county auditor of any county and the auditor of such county, upon the request of any person, on tender of the lawful fees therefor, shall record the same. Every such instrument shall be entitled on the face thereof as a "Master form recorded by . . . (name of person causing the instrument to be recorded)." Such instrument need not be acknowledged to be entitled to record.
(2) When any such instrument is recorded, the county auditor shall index such instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate.
(3) Thereafter any of the provisions of such master form instrument may be incorporated by reference in any mortgage or deed of trust of real estate situated within this state, if such reference in the mortgage or deed of trust states that the master form instrument was recorded in the county in which the mortgage or deed of trust is offered for record, the date when and the book and page or pages or recording number where such master form instrument was recorded, and that a copy of such master form instrument was furnished to the person executing the mortgage or deed of trust. The recording of any mortgage or deed of trust which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this section shall have like effect as if such provisions of the master form so incorporated by reference had been set forth fully in the mortgage or deed of trust.
(4) Whenever a mortgage or deed of trust is presented for recording on which is set forth matter purporting to be a copy or reproduction of such master form instrument or of part thereof, identified by its title as provided in subsection (1) of this section and stating the date when it was recorded and the book and page where it was recorded, preceded by the words "do not record" or "not to be recorded," and plainly separated from the matter to be recorded as a part of the mortgage or deed of trust in such manner that it will not appear upon a photographic reproduction of any page containing any part of the mortgage or deed of trust, such matter shall not be recorded by the county auditor to whom the instrument is presented for recording; in such case the county auditor shall record only the mortgage or deed of trust apart from such matter and shall not be liable for so doing, any other provisions of law to the contrary notwithstanding.
[ 1999 c 233 s 18; 1967 c 148 s 1. ]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
When any municipality as defined in *RCW 35.91.020 or any county has levied or intends to levy a charge on property pertaining to:
(1) The amount required by the provisions of a contract pursuant to RCW 35.91.020 under which the water or sewer facilities so tapped into or used were constructed; or
(2) Any connection charges which are in fact reimbursement for the cost of facilities constructed by the sale of revenue bonds; or
(3) The additional connection charge authorized in RCW 35.92.025;
such municipality or county shall record in the office in which deeds are recorded of the county or counties in which such facility is located a notice of additional tap or connection charges. Such notice shall contain either the legal description of the land affected by such additional tap or connection charges or a map making appropriate references to the United States government survey showing in outline the land affected or to be affected by such additional tap or connection charges.
[ 1977 c 72 s 1. ]
NOTES:
*Reviser's note: RCW 35.91.020 was amended by 2013 c 243 s 3, eliminating the definition of "municipality." For later enactment of the definition, see RCW 35.91.015.
The notice required by RCW 65.08.170, when duly recorded, shall be effective until there is recorded in the same office in which the notice was recorded a certificate of payment and release executed by the municipality or county. Such certificate shall contain a legal description of the particular parcel of land so released and shall be recorded within thirty days of the date of payment thereof.
[ 1977 c 72 s 2. ]
The publication of legal notices required by law, or by an order of a judge or court, to be published in a newspaper once in each week for a specified number of weeks, shall be made on the day of each week in which such newspaper is published.
[ 1893 c 127 s 27; RRS s 253. ]
The qualifications of a legal newspaper are that such newspaper shall have been published regularly, at least once a week, in the English language, as a newspaper of general circulation, in the city or town where the same is published at the time of application for approval, for at least six months prior to the date of such application; shall be compiled either in whole or in part in an office maintained at the place of publication; shall contain news of general interest as contrasted with news of interest primarily to an organization, group or class; shall have a policy to print all statutorily required legal notices; and shall hold a periodical class mailing permit: PROVIDED, That in case of the consolidation of two or more newspapers, such consolidated newspaper shall be considered as qualified if either or any of the papers so consolidated would be a qualified newspaper at the date of such legal publication, had not such consolidation taken place: PROVIDED, That this section shall not disqualify as a legal newspaper any publication which, prior to June 8, 1961, was adjudged a legal newspaper, so long as it continues to meet the requirements under which it qualified.
[ 2001 c 283 s 1; 1961 c 279 s 1; 1941 c 213 s 3; 1921 c 99 s 1; Rem. Supp. 1941 s 253-1. Prior: 1917 c 61 s 1. ]
All legal and other official notices shall be published in a legal newspaper as herein defined, and the affidavit of publication shall state that the newspaper has been approved as a legal newspaper by order of the superior court of the county in which it is published, and shall be prima facie evidence of that fact. Wherever a legal notice, publication, advertisement or other official notice is required to be published by any statute or law of the state of Washington, the proof of such publication shall be the affidavit of the printer, publisher, foreman, principal clerk or business manager of the newspaper which published said notice.
[ 1953 c 233 s 1; 1941 c 213 s 4; 1921 c 99 s 2; Rem. Supp. 1941 s 253-2. ]
Sixty days from and after the date *this act becomes effective, a legal newspaper for the publication of any advertisement, notice, summons, report, proceeding, or other official document now or hereafter required by law to be published, shall be a newspaper which has been approved as a legal newspaper by order of the superior court of the county in which such newspaper is published. Such order may be entered without notice upon presentation of a petition by or on behalf of the publisher, setting forth the qualifications of the newspaper as required by *this act, and upon evidence satisfactory to the court that such newspaper is so qualified.
[ 1941 c 213 s 1; Rem. Supp. 1941 s 253a. ]
NOTES:
*Reviser's note: (1) The language "this act" appears in 1941 c 213 codified as RCW 65.16.020 through 65.16.080.
(2) The effective date of this act is midnight June 11, 1941; see preface 1941 session laws.
An order of approval of a newspaper shall remain effective from the time of the entry thereof until the approval be terminated by a subsequent order of the court, which may be done whenever it shall be brought to the attention of the court that the newspaper is no longer qualified as a legal newspaper, and after notice of hearing issued by the clerk and served upon the publisher, at least ten days prior to the date of hearing, by delivering a copy of such notice to the person in charge of the business office of the publisher, or if the publisher has no business office at the time of service, by mailing a copy of such notice addressed to the publisher at the place of publication alleged in the petition for approval.
[ 1941 c 213 s 2; Rem. Supp. 1941 s 253b. ]
Any summons, citation, notice of sheriff's sale, or legal advertisement of any description, the publication of which is now or may be hereafter required by law, may be published in any daily or weekly legal newspaper published in the county where the action, suit or other proceeding is pending, or is to be commenced or had, or in which such notice, summons, citation, or other legal advertisement is required to be given: PROVIDED, HOWEVER, That if there be more than one legal newspaper in which any such legal notice, summons, citation or legal advertisement might lawfully be published, then the plaintiff or moving party in the action, suit or proceeding shall have the exclusive right to designate in which of such qualified newspapers such legal notice, summons, citation, notice of sheriff's sale or other legal advertisement shall be published.
[ 1941 c 213 s 6; 1921 c 99 s 5; Rem. Supp. 1941 s 253-5. ]
Publications commenced in a legal newspaper, *when this act takes effect, may be completed in that newspaper notwithstanding any failure to obtain an order of approval under *this act, and notwithstanding an order of termination of approval prior to completion of publication. The clerk of the superior court of each county shall post and keep posted in a prominent place in his or her office a list of the newspapers published in that county which are approved as legal newspapers.
[ 2012 c 117 s 263; 1941 c 213 s 7; RRS s 253-5a. ]
NOTES:
*Reviser's note: "this act," "when this act takes effect," see note following RCW 65.16.040.
The provisions of *this act shall not apply in counties where no newspaper has been published for a period of one year prior to the publication of such legal or other official notices.
[ 1941 c 213 s 5; 1921 c 99 s 3; Rem. Supp. 1941 s 253-3. ]
NOTES:
*Reviser's note: "this act," see note following RCW 65.16.040.
The rate charged by a newspaper for legal notices shall not exceed the national advertising rate extended by the newspaper to all general advertisers and advertising agencies in its published rate card.
[ 1977 c 34 s 3. ]
The rate charged by a newspaper for advertising in relation to candidates for political office shall not exceed the national advertising rate extended to all general advertisers and advertising agencies in its published rate card.
[ 1955 c 186 s 2. ]
NOTES:
Severability—1955 c 186: "If any section of this act shall be found unconstitutional it shall not invalidate the remaining section." [ 1955 c 186 s 3.]
Where any law or ordinance of any incorporated city or town in this state provides for the publication of any form of notice or advertisement for consecutive days in a daily newspaper, the publication of such notice on legal holidays and Sundays may be omitted without in any manner affecting the legality of such notice or advertisement: PROVIDED, That the publication of the required number of notices is complied with.
[ 1921 c 99 s 6; RRS s 253-6. ]
The affidavit of publication of all notices required by law to be published shall state the full amount of the fee charged for such publication and that the fee has been paid in full.
[ 1921 c 99 s 7; RRS s 253-7. ]
When, by law, any publication is required to be made by an officer of any suit, process, notice, order or other papers, the costs of such publication shall, if demanded, be tendered by the party procuring such publication before such officer shall be compelled to make publication thereof.
[ Code 1881 s 2092; 1869 p 373 s 14; RRS s 504. ]
Any official of the state or any of its political subdivisions who is required by law to publish any notice required by law may supplement publication thereof by radio or television broadcast or both when, in his or her judgment, the public interest will be served thereby: PROVIDED, That the time, place, and nature of such notice only be read or shown with no reference to any person by name then a candidate for political office, and that notices by political subdivisions may be made only by stations whose signal is received within the county of origin of the legal notice.
[ 2007 c 103 s 1; 1961 c 85 s 1; 1951 c 119 s 1. ]
Written documentation of proof of publication of legal notice or notice of event must be provided by the radio or television station broadcasting the notice.
[ 2007 c 103 s 2; 1961 c 85 s 3; 1951 c 119 s 3. ]
(1) Whenever any county is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in a newspaper, the county may publish a summary of the ordinance which summary shall be approved by the governing body and which shall include:
(a) The name of the county;
(b) The formal identification or citation number of the ordinance;
(c) A descriptive title;
(d) A section-by-section summary;
(e) Any other information which the county finds is necessary to provide a complete summary; and
(f) A statement that the full text will be mailed upon request.
Publication of the title of an ordinance by a county authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a complete summary of that ordinance, and a section-by-section summary shall not be required.
(2) Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding taxation or penalties or contains legal descriptions of real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering more than one street address, the street addresses of the four corners of the area described shall meet this requirement.
(3) The full text of any ordinance which is summarized by publication under this section shall be mailed without charge to any person who requests the text from the adopting county.
[ 1995 c 157 s 1; 1994 c 273 s 19; 1977 c 34 s 4. ]
The legislature recognizes that confusion exists regarding the classification of manufactured homes as personal or real property. This confusion is increased because manufactured homes are treated as vehicles in some parts of state statutes, however these homes are often used as residences to house persons residing in the state of Washington. This results in a variety of problems, including: (1) Creating confusion as to the creation, perfection, and priority of security interests in manufactured homes; (2) making it more difficult and expensive to obtain financing and title insurance; (3) making it more difficult to utilize manufactured homes as an affordable housing option; and (4) increasing the risk of problems for and losses to the consumer. Therefore the purpose of this chapter is to clarify the type of property manufactured homes are, particularly relating to security interests, and to provide a statutory process to make the manufactured home real property by eliminating the title to a manufactured home when the home is affixed to land owned by the homeowner.
[ 1989 c 343 s 1. ]
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Affixed" means that the manufactured home is installed in accordance with the installation standards in state law.
(2) "Department" means the department of licensing.
(3) "Eliminating the title" means to cancel an existing certificate of title issued by this state or a foreign jurisdiction or to waive the certificate of title required in chapter 46.12 RCW and recording the appropriate documents in the county real property records pursuant to this chapter.
(4) "Homeowner" means the owner of a manufactured home.
(5) "Land" means real property excluding the manufactured home.
(6) "Manufactured home" or "mobile home" means a structure, designed and constructed to be transportable in one or more sections and is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities that include plumbing, heating, and electrical systems contained therein. The structure must comply with the national mobile home construction and safety standards act of 1974 as adopted by chapter 43.22 RCW if applicable. "Manufactured home" does not include a modular home. A structure which met the definition of a "manufactured home" at the time of manufacture is still considered to meet this definition notwithstanding that it is no longer transportable.
(7) "Owner" means, when referring to a manufactured home that is titled, the person who is the registered owner. When referring to a manufactured home that is untitled pursuant to this chapter, the owner is the person who owns the land. When referring to land, the person may have fee simple title, have a leasehold estate of 35 years or more, have an individual interest in a mobile home park as defined in RCW 59.22.020(5)(b), or be purchasing the land on a real estate contract. Owners include joint tenants, tenants in common, holders of legal life estates, and holders of remainder interests.
(8) "Person" means any individual, trustee, partnership, corporation, or other legal entity. "Person" may refer to more than one individual or entity.
(9) "Secured party" means the legal owner when referring to a titled mobile home, or the lender securing a loan through a mortgage, deed of trust, or real estate contract when referring to land or land containing an untitled manufactured home pursuant to this chapter.
(10) "Security interest" means an interest in land or a manufactured home to secure payment of a loan made by a secured party to a borrower.
(11) "Title" or "titled" means a certificate of title issued pursuant to chapter 46.12 RCW.
[ 2025 c 32 s 1; 2010 c 161 s 1154; 1989 c 343 s 2. ]
NOTES:
Effective date—2025 c 32: "This act takes effect October 15, 2025." [ 2025 c 32 s 6.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) When a manufactured home is sold or transferred on or after March 1, 1990, and when all ownership in the manufactured home is transferred through the sale or other transfer of the manufactured home to new owners, the manufactured home shall be real property when the new owners eliminate the title pursuant to this chapter. The manufactured home shall not be real property in any form, including fixture law, unless the title is eliminated under this chapter. Where any person who owned a used manufactured home on March 1, 1990, continues to own the manufactured home on or after March 1, 1990, the interests and rights of owners, secured parties, lienholders, and others in the manufactured home shall be based on the law prior to March 1, 1990, except where the owner voluntarily eliminates the title to the manufactured home by complying with this chapter. If the title to the manufactured home is eliminated under this chapter, the manufactured home shall be considered real property. If the title to the manufactured home has not been eliminated under this chapter, ownership shall be based on chapter 46.12 RCW.
(2) For purposes of perfecting and realizing upon security interests, manufactured homes shall always be treated as follows: (a) If the title has not been eliminated under this chapter, security interests in the manufactured home shall be perfected only under chapter 62A.9A RCW in the case of a manufactured home held as inventory by a manufacturer or dealer or chapter 46.12 RCW in all other cases, and the lien shall be treated as securing personal property for purposes of realizing upon the security interest; or (b) if the title has been eliminated under this chapter, a separate security interest in the manufactured home shall not exist, and the manufactured home shall only be secured as part of the real property through a mortgage, deed of trust, lease, or real estate contract.
[ 2025 c 32 s 2; 2000 c 250 s 9A-836; 1989 c 343 s 3. ]
NOTES:
Effective date—2025 c 32: See note following RCW 65.20.020.
Effective date—2000 c 250: See RCW 62A.9A-701.
If a manufactured home is affixed to land that is owned by the homeowner, the homeowner may apply to the department to have the title to the manufactured home eliminated. The application package shall consist of the following:
(1) An affidavit, in the form prescribed by the department, signed by all the owners of the manufactured home and containing:
(a) The date;
(b) The names of all of the owners of record of the manufactured home;
(c) The legal description of the real property;
(d) A description of the manufactured home including model year, make, width, length, and vehicle identification number;
(e) The names of all secured parties in the manufactured home; and
(f) A statement that the owner of the manufactured home owns the real property to which it is affixed;
(2) Certificate of title for the manufactured home, or the manufacturer's statement of origin in the case of a new manufactured home. Where title is held by the secured party as legal owner, the consent of the secured party must be indicated by the legal owner releasing his or her security interest;
(3) A certification by the local government indicating that the manufactured home is affixed to the land;
(4) Payment of all vehicle license fees, excise tax, use tax, real estate tax, recording fees, and proof of payment of all property taxes then due; and
(5) Any other information the department may require.
[ 2010 c 161 s 1155; 1989 c 343 s 4. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department shall approve the application for elimination of the title when all requirements listed in RCW 65.20.040 have been satisfied and the registered and legal owners of the manufactured home have consented to the elimination of the title. After approval, the department shall have the approved application recorded in the county or counties in which the land is located and on which the manufactured home is affixed.
(2) The county auditor shall record the approved application, and any other form prescribed by the department, in the county real property records. The manufactured home shall then be treated as real property. Removal of the manufactured home from the land is prohibited unless the procedures set forth in RCW 65.20.070 are complied with.
(3) The department shall cancel the title after verification that the county auditor has recorded the appropriate documents, and the department shall maintain a record of each manufactured home title eliminated under this chapter by vehicle identification number. The title is deemed eliminated on the date the appropriate documents are recorded by the county auditor.
[ 2025 c 32 s 3; 1989 c 343 s 5. ]
NOTES:
Effective date—2025 c 32: See note following RCW 65.20.020.
It is the responsibility of the owner, secured parties, and others to take action as necessary to protect their respective interests in conjunction with the elimination of the title or reissuance of a previously eliminated title.
A manufactured home whose title has been eliminated shall be conveyed by deed, lease, or real estate contract and shall only be transferred together with the interest in the land to which it is affixed, unless procedures described in RCW 65.20.070 are completed.
Nothing in this chapter shall be construed to require a secured party to consent to the elimination of the title of a manufactured home, or to retitling a manufactured home under RCW 65.20.070. The obligation of the secured party to consent is governed solely by the agreement between the secured party and the owner of the manufactured home. Absent any express written contractual obligation, a secured party may withhold consent in the secured party's sole discretion. In addition, the homeowner shall comply with all reasonable requirements imposed by a secured party for obtaining consent, and a secured party may charge a reasonable fee for processing a request for consent.
[ 2025 c 32 s 4; 1989 c 343 s 6. ]
NOTES:
Effective date—2025 c 32: See note following RCW 65.20.020.
Before physical removal of an untitled manufactured home from the land the home is affixed to, the owner shall follow one of these two procedures:
(1) Where a title is to be issued or the home has been destroyed:
(a) The owner shall apply to the department for a title pursuant to chapter 46.12 RCW. In addition the owner shall provide:
(i) An affidavit in the form prescribed by the department, signed by the owners of the land and all secured parties and other lienholders in the land consenting to the removal of the home;
(ii) Payment of recording fees;
(iii) A certification from a title insurance company listing the owners and lienholders in the land and dated within 10 days of the date of application for a new title under this subsection; and
(iv) Any other information the department may require;
(b) The owner shall apply for and obtain permits necessary to move a manufactured home including but not limited to the permit required by RCW 46.44.170, and comply with other regulations regarding moving a manufactured home; and
(c) The department shall approve the application for title when the requirements of chapter 46.12 RCW and this subsection have been satisfied. Upon approval the department shall have the approved application and the affidavit recorded in the county or counties in which the land from which the home is being removed is located and the department shall issue a title. The title is deemed effective on the date the appropriate documents are recorded with the county auditor.
(2) Where the manufactured home is to be moved to a new location but again will be affixed to land owned by the homeowner a new title need not be issued, but the following procedures must be complied with:
(a) The owner shall apply to the department for a transfer in location of the manufactured home and if a new owner, a transfer in ownership by filing an application pursuant to RCW 65.20.040. In addition the owner shall include:
(i) An affidavit in the form prescribed by the department signed by all of the owners. The affidavit shall include the consent of all secured parties and other lienholders in the land from which the manufactured home is being moved;
(ii) A legal description and property tax parcel number of the real property from which the home is being removed and a legal description and property tax parcel number of the land on which the home is being moved to; and
(iii) A certification from a title insurance company listing the owners and lienholders in the land and dated within 10 days of the application for transfer in location under this subsection;
(b) The owner shall apply for and obtain permits necessary to move a manufactured home including but not limited to RCW 46.44.170, and comply with other regulations regarding moving a manufactured home; and
(c) After approval, including verification that the owners, secured parties, and other lienholders have consented to the move, the department shall have the approved application recorded in the county or counties in which the land from which the home is being removed and the land to which the home is being moved is located.
[ 2025 c 32 s 5; 1989 c 343 s 7. ]
NOTES:
Effective date—2025 c 32: See note following RCW 65.20.020.
The department may prepare standard affidavits, lienholder's consents, and other forms to be used pursuant to this chapter.
[ 1989 c 343 s 8. ]
The director may, in addition to the title fees and other fees and taxes required under chapter 46.12 RCW establish by rule a reasonable fee to cover the cost of processing documents and performing services by the department required under this chapter.
Fees collected by the department for services provided by the department under this chapter shall be forwarded to the state treasurer. The state treasurer shall credit such moneys to the motor vehicle fund and all department expenses incurred in carrying out the provisions of this chapter shall be paid from such fund as authorized by legislative appropriation.
[ 1989 c 343 s 9. ]
The department shall have the general supervision and control of the elimination of titles and shall have full power to do all things necessary and proper to carry out the provisions of this chapter. The director shall have the power to appoint the county auditors as the agents of the department.
[ 1989 c 343 s 11. ]
The department may make any reasonable rules relating to the enforcement and proper operation of this chapter.
[ 1989 c 343 s 12. ]
County auditors shall notify county assessors regarding elimination of titles to manufactured homes, the retitling of manufactured homes, and the movement of manufactured homes under RCW 65.20.070.
[ 1989 c 343 s 13. ]
Every person who falsifies or intentionally omits material information required in an affidavit, or otherwise intentionally violates a material provision of this chapter, is guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021.
[ 1989 c 343 s 10. ]
This chapter applies prospectively only. RCW 65.20.030 applies to all security interests perfected on or after March 1, 1990. This chapter applies to the sale or transfer of manufactured homes on or after March 1, 1990, where all of the existing ownership rights and interests in the manufactured home are terminated in favor of new and different owners, or where persons who own a manufactured home on or after March 1, 1990, voluntarily elect to eliminate the title to the manufactured home under this chapter.
[ 1989 c 343 s 14. ]
Nothing in this chapter shall be construed to affect the taxation of manufactured homes.
[ 1989 c 343 s 15. ]
This chapter may be known and cited as the manufactured home real property act.
[ 1989 c 343 s 17. ]
This act shall take effect on March 1, 1990.
[ 1989 c 343 s 27. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Document" means information that is:
(a) Inscribed on a tangible medium or that is stored in an electronic or other medium, and is retrievable in perceivable form; and
(b) Eligible to be recorded in the land records maintained by the recording officer.
(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) "Electronic document" means a document that is received by the recording officer in an electronic form.
(4) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(5) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(6) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(7) "Recording standards commission" means the body of stakeholders appointed by the secretary of state to review recording standards, including but not limited to electronic recording standards, and make recommendations to the secretary under RCW 65.24.040.
[ 2021 c 137 s 2; 2008 c 57 s 2. ]
NOTES:
Intent—2021 c 137: "The legislature recognizes the necessity to clarify existing law regarding the recording of documents with county recording departments and county auditors. Recording standards and practices vary from county to county, which creates confusion and liability. County recorders, real estate firms, title and escrow companies, and consumer groups need simplified and standardized recording standards and fees. It is the intent of the legislature that the secretary of state have the authority to create regulations for consistent recording of documents by county auditors." [ 2021 c 137 s 1.]
(1) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter.
(2) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(3) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
[ 2008 c 57 s 3. ]
(1) In this section, "paper document" means a document that is received by the recording officer in a form that is not electronic.
(2) A recording officer:
(a) Who performs any of the functions listed in this section shall do so in compliance with the rules adopted by the secretary of state for the electronic recording of documents;
(b) May receive, index, store, archive, and transmit electronic documents;
(c) May provide for access to, and for search and retrieval of, documents and information by electronic means;
(d) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(e) May convert paper documents accepted for recording into electronic form;
(f) May convert information previously recorded into electronic form;
(g) May, after receiving approval pursuant to RCW 36.29.190, accept electronically any fee or tax that the recording officer is authorized to collect;
(h) May agree with other officials of a state, or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees or taxes.
[ 2008 c 57 s 4. ]
(1) The office of the secretary of state shall create and appoint a recording standards commission. The recording standards commission shall review recording standards, including electronic recording standards, and make recommendations to the secretary of state for rules necessary to implement this chapter. A majority of the commission must be county recorders or county auditors. The commission may include assessors, treasurers, land title company representatives, escrow agents, and mortgage brokers, the state archivist, county surveyors, and any other party the secretary of state deems appropriate. The term of the commissioners will be set by the secretary of state.
(2) To keep the standards and practices of recording officers in this state in harmony, and to promote harmony with the standards and practices of recording offices in other jurisdictions that enact similar legislation or policy and to keep the technology used by recording officers in this state compatible with technology used by recording offices in other jurisdictions that enact similar legislation or policy, the office of the secretary of state, under RCW 40.14.020, so far as is consistent with the purposes, policies, and provisions of this chapter, in adopting, amending, and repealing rules supporting recording standards shall consider:
(a) The standards and practices of other jurisdictions;
(b) The most recent standards adopted by national standard-setting bodies, such as the property records industry association;
(c) The views of interested persons and governmental officials and entities;
(d) The needs of counties of varying size, population, and resources;
(e) Standards requiring adequate information security protection to ensure that documents are accurate, authentic, adequately preserved, and resistant to tampering;
(f) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering;
(g) Standards for the certification of recorded documents including imaged paper documents and documents that are received by the recording officer in an electronic form; and
(h) Standards on the documentation and recording of boundary line adjustments for real property.
[ 2021 c 137 s 3; 2008 c 57 s 5. ]
NOTES:
Intent—2021 c 137: See note following RCW 65.24.010.
This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001, et seq.) but does not modify, limit, or supersede section 101(c) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act.
[ 2008 c 57 s 7. ]
(1) The secretary of state, as chief archivist, shall make reasonable rules in accordance with federal and state laws, to provide for the uniform recording of documents in cooperation with the commission established in this chapter.
(2) In addition to the rule-making authority granted otherwise by this section, the secretary of state may make rules governing the following:
(a) Recording duties of county recorders and county auditors;
(b) Recording standards for the creation of certified copies for use as evidence;
(c) Recording standards for documents related to eminent domain;
(d) Recording standards for documents related to community property;
(e) Recording standards for documents related to unfit dwellings, buildings, and structures;
(f) Recording standards for court summons served and court judgments;
(g) Recording standards for documents related to military discharge;
(h) Recording standards for documents related to boundaries and plats not otherwise under the rule-making authority of another state agency;
(i) Recording standards for documents related to liens;
(j) Recording standards for documents related to mortgages, deeds of trust, and real estate contracts;
(k) Recording standards for documents related to the uniform commercial code;
(l) Recording standards for documents related to real property and conveyances;
(m) Standards to be used in recording, registration, and legal publication under this chapter;
(n) Recording standards for documents related to cemetery property;
(o) Standards for fee waivers including but not limited to documents for veterans, and support of dependent children;
(p) Recording standards for documents related to mines, minerals, and petroleum;
(q) Recording standards for documents related to public lands, including tidelands, and shorelines;
(r) Recording standards for documents related to excise tax on real estate;
(s) Recording standards for documents related to property tax;
(t) Recording standards for documents prepared in foreign countries; and
(u) Recording standards for documents not identified in (a) through (t) of this subsection.
[ 2021 c 137 s 4. ]
NOTES:
Intent—2021 c 137: See note following RCW 65.24.010.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact a uniform real property electronic recording act.
[ 2008 c 57 s 6. ]
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