[WSBAPT] Release of Lis Pendens

[Mike Winslow]

This is a weird one, so I am taking a stab at this based on my understanding
of guardianships, bond and intestate administration.
 
If the prior Lis Pendens included a copy of the court order in the
recording, then I would go back for a court order to release it because
that's what the title companies will likely require.
It may be in the nature of a comfort order. See below for when to do that.
 
A Lis Pendens is not a lien, but merely a Notice of Suit which creates a
"cloud" on title; nothing more. It is designed to make any potential buyer
wary because they take title with notice of other possible claims to title.
 
As I recall, if a guardianship is actually converted by court order to an
estate administration, then it seems to me that the order for the
administration post death would be controlling vis a vis non-intervention
powers; bond etc.  Thus if court orders no bond, that supersedes the prior
order.
 
If the party appointed to administer the estate post death is not required
to file a bond then the prior Lis Pendens is rendered moot and could be
terminated, without further order of the court. 
If probate is subject to court supervision (no non-intervention powers),
then when the order of sale is processed the Lis Pendens could be addressed
at that time.
 
Hope that helps.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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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
 <http://www.seattledisabilitylaw.com/> www.seattledisabilitylaw.com
Please note our new address in Redmond.
 
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