[WSBAPT] Judgment Creditor against estate

[Rob Wilson-Hoss]

Marcus, RCW 4.56.200 calls it a judgment lien. All perfected security
interests are liens, but not all liens are security interests. There are all
kinds of liens that are not security interests. For example, the Internal
Revenue Code says,  “The term “security interest” means any interest in
property acquired by contract for the purpose of securing payment or
performance of an obligation or indemnifying against loss or liability.”
Gen. Elec. Credit Corp. v. Isaacs, 90 Wash. 2d 234, 238, 581 P.2d 1032, 1034
(1978). UCC  provisions are consistent. In order to get security interest
status for collateral under the UCC, you have to go through certain steps to
create the interest, a security agreement, otherwise it is an unperfected
security interest and has no priority status. 

I am making this up; this means I can’t find a case right on point but the
above is probably close. 

 

Rob

 

 

 

 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

This message is intended solely for the use of the addressee and may contain
information that is privileged, confidential, and exempt from disclosure
under applicable law.  If you are not the addressee, you are hereby notified
that any use, distribution, or copying of this message is strictly
prohibited.  If you received this message in error, please notify us by
reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.
Thank you.

 

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, September 01, 2016 11:20 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Judgment Creditor against estate

 

Query: Below is the pertinent statute.  I have a situation where a creditor
obtained a judgment prior to decedent’s death, which constitutes a lien
against real property.  If the creditor doesn’t file a claim in the estate
by the statutory deadline, is the creditor’s judgment lien still valid under
RCW 11.40.135?  The use of the word “secured” leads me to read the statute
to apply only where the creditor has been granted security in the property
as opposed to just a judgment that simply attaches to any real estate owned
by the creditor.

 

Anyone dealt with this before?

 

RCW 11.40.135

Secured claim—Creditor's right.

If a creditor's claim is secured by any property of the decedent, this
chapter does not affect the right of a creditor to realize on the creditor's
security, whether or not the creditor presented the claim in the manner
provided in RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>
11.40.070.

 

 

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 
P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 

 

NOTICES:

Confidentiality: This e-mail transmission may contain information which is
protected by attorney-client, work product and/or other privileges.  If you
are not the intended recipient, you are hereby notified that any disclosure,
or taking of any action in reliance on the contents, is strictly prohibited.
If you have received this transmission in error, please contact us
immediately and return the e-mail to us by choosing Reply (or the
corresponding function on your e-mail system) and then deleting the e-mail.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160901/fa2d0506/attachment.html>