01RCW 64.04.020
Written, signed, acknowledged
Every deed must be in writing, signed by the party bound, and acknowledged before a notary or other authorized officer.
Free case reviewTell us what is happening at your property
90 daysMinimum cure period after a notice of intent to forfeit is recorded
60 daysFor a buyer to sue to set aside a forfeiture
190 daysEarliest trustee’s sale after a default on a deed of trust
Paper firstThe documents decide the remedy before anyone misses a payment
01 / Our Focus
The paperwork decides what happens when payments stop
Washington gives a seller who finances a sale two main paths. A real estate contract keeps title with the seller until the buyer pays in full, and a default is handled by statutory forfeiture. A note and deed of trust transfers title at closing, and a default is handled by foreclosure. Both work. They work differently, and the documents have to match the choice.
Deeds carry the same risk in a smaller package. The wrong deed type, a missing acknowledgment, or a bad legal description can stop a deed from recording or leave a title problem for the next sale. We draft the deed, the excise tax affidavit, and any access or easement language that should travel with it, then confirm the deed records.
“The easiest default to handle is the one the contract already planned for.”
Every seller-financing package we draft comes with a written summary of what the seller can do, and when, if the buyer stops paying.
02 / The law
The Washington rules behind every deed and financed sale
Four rules decide whether a deed is valid, which deed to use, and how a seller enforces a financed sale.
02RCW 64.04.030 to .050
Three statutory deed forms
A statutory warranty deed carries full title warranties, a bargain and sale deed carries limited ones, and a quitclaim deed carries none. The choice affects what the buyer can claim later.
03RCW 61.30.070
90-day cure on a real estate contract
A seller forfeiting a real estate contract must give the buyer at least 90 days after the notice of intent to forfeit is recorded to cure the default.
04RCW 61.24.040
Trustee’s sale timeline
On a deed of trust, the notice of sale goes out at least 90 days before the sale, and the sale cannot happen sooner than 190 days after the default.
03 / The process
How a deed or seller-financing matter works
A deed is usually drafted, signed, and recorded within days. A seller-financing package is built around your closing date.
- 01Week 1
Title and deal review
We read the current vesting deed and title report and confirm the price, down payment, interest, and payment terms.
- 02Before closing
Choose the structure
Real estate contract or note and deed of trust, with a plain written comparison of the default remedy under each.
- 03Before closing
Draft and sign
Deed, contract or note and deed of trust, and excise tax affidavit, signed and acknowledged so they record.
- 04If payments stop
Enforce or cure
Notices of default, forfeiture under chapter 61.30, or trustee’s sale under chapter 61.24, run on the statute’s timeline. We also advise buyers on cure rights.
04 / Fees
What it costs
Flat feeDeed preparation and recording, including the excise tax affidavit. Transfer on death deeds.
PackageSeller financing: real estate contract or note and deed of trust, with the default remedy explained in writing.
HourlyForfeitures, foreclosures, and defaults on existing contracts, with a written budget by phase.
05 / Coverage
Where we practice
Tacoma Office on North I Street
Pierce CountyPuyallup, Lakewood, University Place, Gig Harbor
Eastside King CountyBellevue, Issaquah, Sammamish
Snohomish CountyDeeds and owner-financed sales
Kitsap CountyDeeds and owner-financed sales
Deed, forfeiture, and deed of trust statutes apply statewide. Deeds are recorded in the county where the property sits, and signing can be arranged remotely.
The promises about title.
A statutory warranty deed promises the seller owns the property free of undisclosed claims. A quitclaim deed transfers whatever interest the grantor has, with no promises. Quitclaims are common between family members and spouses, not in sales.
Before the deadline passes
Get the deed right. Get the remedy in writing.
Transferring property, or selling with owner financing? Send us the vesting deed and the deal terms, and we will tell you which documents you need and what each one protects.
Bring to your consultation
01Your current deed or title report
02The price and payment terms
03Any notice of default you sent or received