Posted by Lisa Aske on 3/22/13 3:17pm
Msg #462575

WA State Real Estate Excise Tax Affidavit

This document was included in a package for a refinance. The form is blank. The signing service told me just to have the borrowers do the best that they can filling it out. The very top of the form it reads "This affidavit will not be accepted unless all areas on all pages are FULLY Completed."

http://dor.wa.gov/docs/forms/realestexcstx/realestextxaffid_blank.pdf

Are there any Washington notaries that care to share your experience with this form and what it's intended purpose in a refinance package is?

Reply by Philip Johnson on 3/22/13 3:22pm
Msg #462576

Normally comes with a quit claim deed. It tells the county that this is not a sale when included with a quit claim deed, so that they do not charge 1.78% tax on the transaction. According to the folks who I have spoken with in Olympia, we should not fill this form for the borrower, because we do not have the credentials to do so. I present it, give the reason why it is in the packet and have them go at it with the instructions that are included.

Reply by Tim Cameron on 3/22/13 3:31pm
Msg #462577

I have been in Real Estate in Wa for 32 yrs......2 parts to your question.....1) it is an affidavit to the State of true sales price in any form of transfer. 2) I would NEVER fill one out and would tell the title company/Escrow to get off their dead ass and do their job...my fee for a return signing is 50.00......it is not a recorded document, but it will hold up closing without a signed one.......

Reply by Darlin_AL on 3/25/13 11:05am
Msg #462890

I'm w Tim on this..

the BO usually would not have exact idea of what should be & it should be provided filled-in, but short of that, I ask BO to please sign it blank & "allow" the Officer who has to submit it complete it.

Reply by Ronnie_WA on 3/22/13 3:42pm
Msg #462580

In WA, you must be licensed with the court to practice law as an attorney or an LPO to complete, or assist in the completion of this form. I just ask them if they wish to do the signature boxes on the blank form and ask that the escrow officer give them a copy of the completed form, nothing further. 100% of WA State Escrow Officers/LPO's complete this form prior to presentation to the borrower, without exception. If you wish, you can hand them the instruction form and ask them to complete it to the best of their ability. We have title companies operating nationally that are not abiding by the Admission to Practice Rule.

Reply by HSH/WA on 3/22/13 4:50pm
Msg #462589

Re: Most BOs don't have a clue how to fill this out

and SAs don't have the licenses or insurance to do it. What I do now is email copy to the BO and ask the BO to call for assistance before we meet - hasn't worked yet. End up calling from the table - never any help. The BO can sign it or not - send it in with the docs and wait for the angry email blaming me for the TO's problem.

Reply by Rani Sampson on 3/23/13 1:49pm
Msg #462675

This Rani in WA agrees with Ronnie_WA 100%. Buyer and seller must both sign the tax form; otherwise, the county won't record the deed. A notary who is not the Buyer, Seller, LPO or lawyer cannot fill out the form....that would be the unauthorized practice of law and the notary would be held to the standard of a practicing attorney.