Posted by HSH/WA on 2/12/13 5:34pm
Msg #455539
Got dinged for failure to properly fill out the real
estate tax forms - after having emailed and called to get the BO help with the forms and being told "do the best you can, get it signed, and send it back." Not our job to fill these forms out and we should not get dinged when they are sent out blank and come back not properly filled out. In this case no one told the BO she was getting a Quit Claim Deed. Bad job on their part, not ours.
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Reply by MikeC/TX on 2/12/13 7:01pm
Msg #455568
"Here in NY the forms in connection with real estate tax forms are the transfer forms, which are very confusing to fill out."
I always hated dealing with those when I was in NY, because they really were confusing. Why should the notary be responsible? And if you filled it out wrong, the borrower could be on the hook for more taxes.
Every state has their own real estate tax laws, but it really shouldn't be up to the NSA to know how to deal with them - the TC or the lender has enough information to fill out the required forms. All that should be necessary at the signing is a signature.
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Reply by Ronnie_WA on 2/12/13 7:23pm
Msg #455574
HSH, here is an extract from the Admission to Practice Rules (APR12) for your viewing pleasure. In the bottom section, you will note the specific reference to the Excise Tax Affidavit as one of the APR forms that an LPO is authorized to complete. Hope this is helpful.
"Generally, when a non-lawyer selects and prepares a legal document for another,
the non-lawyer engages in the unauthorized practice of law. Despite this, the
non-lawyer (including a licensed limited practice officer) will be held to the
standard of a lawyer: "to comply with the duty of care, an attorney must
exercise the degree of care, skill, diligence, and knowledge commonly possessed
and exercised by a reasonable, careful and prudent lawyer in the practice of
law in this jurisdiction." Hizey v. Carpenter, 119 Wn.2d 251, 261, 830 P.2d
246 (1992).
(d) Scope of Practice Authorized by Limited Practice Rule. Notwithstanding any
provision of any other rule to the contrary, a person certified as a limited
practice officer under this rule may select, prepare and complete documents in
a form previously approved by the Board for use by others in, or in
anticipation of, closing a loan, extension of credit, sale or other transfer of
interest in real or personal property. Such documents shall be limited to
deeds, promissory notes, guaranties, deeds of trust, reconveyances, mortgages,
satisfactions, security agreements, releases, Uniform Commercial Code
documents, assignments, contracts, real estate excise tax affidavits, bills of
sale, and powers of attorney. Other documents may be from time to time
approved by the Board.
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