[WSBAPT] Release of Lis Pendens

Marcus Fry mfry at lyon-law.com
Fri Nov 30 12:55:52 PST 2018


I have never seen a lis pendens for a guardian in a guardianship because one cannot sell real property without a court order.  Since the court ordered the lis pendens for the purposes of security, I believe the proper measure would to go to court to get it released.

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

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Steven Matyas
Sent: Friday, November 30, 2018 12:48 PM
To: wsbarp at lists.wsbarppt.com; wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Release of Lis Pendens

Hello Listmates,

We have a guardianship case where the Court ordered a number of years ago that, in lieu of a bond, our firm file a Lis Pendens against the IP's real property. Recently, the IP has passed away, and the guardian has been appointed as administrator and will need to sell the property. To cancel/release the Lis Pendens, can we simply file a release of lis pendens and record it with the Recorder's office, or do we need to obtain an order cancelling the lis pendens and record that as evidence of the cancellation? Regardless of which option, any sample forms and/or clauses would be much appreciated.

Thank you,

Steven Matyas
Jones & Ibrahim, PLLC
16025 NE 85th Street, Suite 103
Redmond, Washington 98052
(206) 405-3240
www.seattledisabilitylaw.com<http://www.seattledisabilitylaw.com/>
Please note our new address in Redmond.

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