[WSBAPT] DSHS Lien

Thu Dec 29 15:11:50 PST 2022

Thanks Josh

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Joshua McKarcher <josh at mckarcherlaw.com>
Sent: Thursday, December 29, 2022 12:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Lien

Looking at RCW 43.20B.030(1) and (2), but NOT having scoured the WAC beyond reviewing WAC 388-02-0495 re estoppel:

If the "lien is recorded pursuant to RCW 43.20B.080" (here, I gather it was recorded in 2014, if that's what you mean by "filed"), doesn’t the first clause of 43.20B.030(1) ("except" for sub (2), to paraphrase), make irrelevant the remainder of sub (1) -- including all of its six-year and administrative remedy and other fun language?

I am NOT looking at all possibly relevant WACs, because I rarely interact with these issues. But as a matter of pure statutory interpretation, I'm wondering: are they relevant if the lien was recorded in 2014; nobody has tried to sell the encumbered property (or even transfer it perhaps?) since the lien was recorded; and so the lien just sits there waiting to be satisfied, discovered, enforced, ignored, disdained, or otherwise until 20 years from the recording date (after which the Department is out of luck for sleeping 20 years on its lien)?

Maybe? I honestly do not know, but I personally always hate it when I spend energy researching something, only to realize that some prefatory clause like the "except in sub (2)" referenced above made it all for naught.

Happy New Year! Best, Josh

Joshua D. McKarcher

McKarcher Law PLLC

537 6th Street

Clarkston, WA 99403

(509) 758-3345

(509) 758-3314 (fax)

josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>

www.mckarcherlaw.com<http://www.mckarcherlaw.com/>

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of michael westseattleattorney.com <michael at westseattleattorney.com>
Sent: Thursday, December 29, 2022 11:07 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Lien

 WAC says "... unless an administrative remedy authorized by statute is in place. .."  Is filing a lien on the real property such an administrative remedy? thanks Mike

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of John McCrady <j.mccrady at pstitle.com>
Sent: Thursday, December 29, 2022 9:16 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Lien

I think that  RCW 43.20B.030<https://app.leg.wa.gov/RCW/default.aspx?cite=43.20B.030> controls that issue.  There are a few qualifications in there

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>

Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

WARNING-FRAUDULENT FUNDING INSTRUCTIONS

Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Thursday, December 29, 2022 5:10 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] DSHS Lien

Hi,

Father had state services before he dies in 2014. DSHS file a lien and Mother passes in
 2014. DSHS received notice and sent a letter that the debt was due. I recall a discussion on the list but would the lien be subject to the 6 year SOL on collecting a debt?

Thanks

Mike

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