[WSBAPT] Question about lien on real property

[Candace Wilkerson]

Hi Listmates,

I am at the tail end of a partition action on real property in King County.  My client, who is a 50% owner of the property being sold, received a default judgment on amounts to be paid to her from the net sales proceeds over and above her 50% share.  The sale just closed and proceeds are being disbursed.

Somehow I missed the fact that a judgment lien was placed on the real property in 2020 for a foreign judgment owed by the other ½ owner of the property.  Now the escrow company is planning to take the amount of the judgment lien (more than $30,000) from the total net sales proceeds and then split the rest evenly between the owners.  My client and the other owner were not married at the time of the property sale, or at the time the judgment was entered against the other property owner.  The foreign judgment was clearly only against the other property owner, not my client.

I have asked the escrow company to take the amount of the judgment lien only from the other's owner's share of the sales proceeds; yet they will not do so.  Can I ask to have the remaining sales proceeds placed into the court registry while I file a motion with the court regarding payment of the judgment lien from the sales proceeds?  Or is my client's only remedy to file an action against the other property owner for return of her portion of the sales proceeds used to pay off the judgment lien?

Thanks for any thoughts.

Best,
Candace

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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Phone: 425.869.4040  |  Fax: 425.869.4050


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