[WSBAPT] Non-Probate question

[John McCrady]

She should contact the title company and tell them the judgment is not against her.  The title company will have her complete an ID affidavit and research the judgment.  They will no doubt then delete the judgment from her report.
We do this every day, so it is a streamlined process.

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

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Thursday, October 19, 2017 9:14 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Non-Probate question

She was doing a title search in prep of selling (she is elderly and wanting to downsize) and saw the recorded judgement.
Brent Williams-Ruth
Founding Member
BWR Consulting, PLLC
Phone: (425) 830-5134
e-mail: brent at bwrconsults.com<mailto:brent at bwrconsults.com> / website: www.bwrconsults.com<http://www.bwrconsults.com>

On Oct 19, 2017, at 8:59 AM, John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>> wrote:
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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