Wash. Rev. Code § 65.08.070
Real property conveyances to be recorded
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(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.
Notes of Decisions
Cited in 92
cases (7 in the last 5 years), 1956–2024 · leading case: Bank of America, NA v. Prestance Corp.
Bank of America, NA v. Prestance Corp. (2007)
“RCW 65.08.070. If D fully discharges B's debt, then equitable subrogation substitutes D for B, so D has a higher priority than C, even though D recorded after.”
Bank of America v. Prestance Corp. (2007)
“RCW 65.08.070. If D fully discharges B’s debt, then equitable subrogation substitutes D for B, so D has a higher priority than C, even though D recorded after.”
Ellingsen v. Franklin County (1991)
“RCW 65.08.070. "Conveyance" is defined to include "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".”
OneWest Bank, FSB v. Erickson (2016)
“See RCW 65.08.070. 7 Our recording act modifies the common law rule of “first in time, first in right” to determine property interests and instead gives priority to bona fide purchasers.”
Freeborn v. Seattle Trust & Savings Bank (1980)
“The primary question is whether an assignee of a vendor's right to receive payments in an executory contract for the sale of real property has priority over subsequent lien creditors (including a trustee in bankruptcy) if the assignment is recorded under RCW 65.08.070 but not…”
Hu Hyun Kim v. Lee (2001)
“Recording Statute Under Washington’s recording act, RCW 65.08.070, a subsequent mortgagee takes subject to any prior encumbrances of which the mortgagee has either actual or constructive knowledge: The purpose of the recording statute is to make the deed first recorded superior…”
Centurion Properties III, LLC v. Chicago Title Insurance Co. (2016)
“See RCW 65.08.070. Thus, these statutory schemes further Washington’s policy of protecting property rights by encouraging parties to record their interests.”
In Re Park at Dash Point L.P. (1990)
“The provisions of RCW 65.08.070 [the real property recording statute] as now or hereafter amended shall be applicable to such rents and profits, and such rents and profits are excluded from Article 62A.”
Kim v. Lee (2001)
“Recording Statute Under Washington's recording act, RCW 65.08.070, a subsequent mortgagee takes subject to any prior encumbrances of which the mortgagee has either actual or constructive knowledge: The purpose of the recording statute is to make the deed first recorded superior…”
BAC Home Loans Servicing, LP v. Fulbright (2014)
“Now codified under RCW 65.08.070, the recording act provides that the deed or interest first recorded is superior to any outstanding unrecorded conveyance of the same property unless the later mortgagee or purchaser had actual knowledge of the prior unrecorded interest.”
Aberdeen Federal Savings & Loan Ass'n v. Empire Manufactured Homes, Inc. (1983)
“Boise Cascade's position simply is that, under the present recording statute, RCW 65.08.070, 1 a judgment creditor is entitled to rely on — and correspondingly has priority based on — record title at the time the judgment lien becomes effective.”
Tomlinson v. Clarke (1992)
“16 The recording act, at RCW 65.08.070, provided and continues to provide: 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…”
— Wash. Rev. Code § 65.08.070(1) — 1 case
— Wash. Rev. Code § 65.08.070(2) — 1 case
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