wa-law.org > bill > 2025-26 > HB 2298 > Original Bill
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Each county auditor is authorized to develop and implement a voluntary property title protection program to prevent land record fraud. A county auditor may coordinate with the county treasurer or excise agent in developing the program.
A voluntary property title protection program may give property owners the option to record with the county auditor a property fraud protection instrument in order to prohibit the recording of any transfer of ownership of that property without the use of a secure personal identification number, an approved override process, or until a release of fraud protection instrument for the same property is recorded. The program must allow for an emergency override process through verified court orders or authorized legal representative actions.
If a county auditor receives any instrument transferring ownership of real property for which a fraud protection instrument has been recorded, the auditor may delay the recording of such instrument or entering of such instrument on the transfer record for up to five business days.
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:
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: AND PROVIDED FURTHER, That the auditor or recording officer may delay recording an instrument conveying real property as provided in section 1 of this act;
Patents to lands and receivers' receipts, whether for mineral, timber, homestead or preemption claims or cash entries;
All such other papers or writing as are required by law to be recorded and such as are required by law to be filed.
Beginning January 1, 2024, except as provided in subsection (2) of this section, the county auditor must collect a covenant homeownership program assessment of $100 for each document recorded, which is in addition to any other charge, surcharge, or assessment allowed by law. The county auditor may retain up to one percent of the moneys for collection of the assessment and must remit the remainder of the moneys to the state treasurer to be deposited in the covenant homeownership account created in RCW 43.181.020.
The assessment imposed in this section does not apply to: (a) Documents recording a birth, marriage, divorce, or death; (b) any recorded documents otherwise exempted from a recording fee or additional assessments under state law; (c) marriage licenses issued by the county auditor; (d) documents recording a name change order under RCW 4.24.130; (e) documents recording a federal, state, county, city, or water-sewer district, or wage lien or satisfaction of lien; or (f) fraud protection instruments and release of fraud protection instruments recorded as part of the voluntary property title protection program pursuant to section 1 of this act.
Except as provided in subsection (2) of this section, a surcharge of two dollars and fifty cents shall be charged by the county auditor for each document recorded, which will be in addition to any other charge or surcharge allowed by law. The auditor shall remit the funds to the state treasurer to be deposited and used as follows:
Through June 30, 2024, funds must be deposited into the growth management planning and environmental review fund created in RCW 36.70A.490 to be used first for grants for costs associated with RCW 36.70A.600 and for costs associated with RCW 36.70A.610, and thereafter for any allowable use of the fund.
Beginning July 1, 2024, sufficient funds must be deposited into the growth management planning and environmental review fund created in RCW 36.70A.490 for costs associated with RCW 36.70A.610, and the remainder deposited into the home security fund account created in RCW 43.185C.060 to be used for maintenance and operation costs of: (i) Permanent supportive housing and (ii) affordable housing for very low-income and extremely low-income households. Funds may only be expended in cities that have taken action under RCW 36.70A.600.
The surcharge imposed in this section does not apply to: (a) Assignments or substitutions of previously recorded deeds of trust; (b) documents recording a birth, marriage, divorce, or death; (c) any recorded documents otherwise exempted from a recording fee or additional surcharges under state law; (d) marriage licenses issued by the county auditor; (e) documents recording a federal, state, county, city, or water-sewer district, or wage lien or satisfaction of lien; or (f) fraud protection instruments and release of fraud protection instruments recorded as part of the voluntary property title protection program pursuant to section 1 of this act.
For purposes of this section, the terms "permanent supportive housing," "affordable housing," "very low-income households," and "extremely low-income households" have the same meaning as provided in RCW 36.70A.030.
(1) A surcharge of $183 per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law. The following are exempt from this surcharge:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.