[WSBAPT] Non-Probate question

Craig Gourley craig at glgmail.com
Thu Oct 19 09:15:05 PDT 2017


If the judgment was specifically filed against that parcel or they are attempting to enforce / execute on the property I would bring a slander of title / quiet title action against the holder of that judgment.  If the Judgment was recorded as simply a judgment against Sally Smith and the title company picked it up as possibly attaching to your client’s property that is usually resolved with an affidavit of identity showing she is not the Sally Smith with the judgment.   We see that situation fairly often in our escrow department.

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Thursday, October 19, 2017 8:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Non-Probate question

Your client, “Sally Smith”, becomes aware that a different “Sally Smith” is the debtor on a judgment?
How did your client become aware of this judgment?  Is she in the process of a real estate transaction wherein the title commitment shows the judgment as against your client?  If so, an submitting an identity affidavit to the title company should clear up the matter.

Or has the judgment creditor started levying execution against your client’s property?


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Wednesday, October 18, 2017 4:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Non-Probate question

Good Afternoon -

I am helping one of my estate planning clients. She had her property attached as a judgment for a case that was not her. Same name but she does not know the plaintiff, was never served in any case that started in June.  Unfortunately, the Plaintiff's attorney has refused to respond to her calls for over a week and she has asked for my help in intervening.

Thinking a motion to vacate judgment should be straight forward - though I have never done one. Hoping someone may have an example or some authority they would be willing to share.

Thank you!

Brent

--

Brent Williams-Ruth
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>
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