[WSBAPT] DSHS Lien Recorded in Wrong County

[Roger Hawkes]

This statute speaks of county of residence and presents an opportunity for further research:

RCW 43.20B.347<http://app.leg.wa.gov/RCW/default.aspx?cite=43.20B.347>
Mental illness-Treatment costs-Lien against real and personal property.
Whenever a notice and finding of responsibility, or appeal therefrom, has become final, the department may file a lien against the real and personal property of all persons found financially responsible under RCW 43.20B.330<http://app.leg.wa.gov/RCW/default.aspx?cite=43.20B.330> with the county auditor of the county where the persons reside or own property.
[ 1993 c 272 § 1.<http://lawfilesext.leg.wa.gov/biennium/1993-94/Pdf/Bills/Session%20Laws/Senate/5723.SL.pdf?cite=1993%20c%20272%20%C2%A7%201.>]


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Jacobs
Sent: Thursday, December 13, 2018 10:59 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] DSHS Lien Recorded in Wrong County

I would appreciate any thoughts on the following:

Spouse receives assistance for which DSHS is entitled to reimbursement.  Spouse dies in 2012 and DSHS records a lien in Spokane.  Spouse does not own property in Spokane.  Spouse and Surviving Spouse own home in Snohomish and Spouse's name is not removed from title.  In 2018, Surviving Spouse dies and Snohomish property is sold.  DSHS wants their money from the sale of the Snohomish Property based upon the lien recorded in Spokane.

My though is that DSHS did not pursue the recovery within two years of the Spouse's death and the Spokane lien is invalid as to the Snohomish Property.  Therefore, DSHS should not be entitled to payment.

Any suggestions?

Sincerely,

Michael P. Jacobs
Riach Gese Jacobs, PLLC
7331 196th St. SW | PO Box 1067 | Lynnwood, WA 98036
Phone: (425) 776-3191 | Fax: (425) 425-775-0406

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