[WSBAPT] Judgment against Decedent and creditor claim process

[Chandra Lewnau]

PR is trying to sell Decedent's home. Decedent had several outstanding
judgments before her death. Title company says all judgments must be
satisfied before they will insure the title. The sale price exceeds the
homestead exemption for the county and all the judgments together are less
than that excess value. I'm trying to confirm the PR actually must pay off
these debts based on the current status of the judgments, whether creditor
claims are filed or not.

QUESTION ONE: What does RCW 11.40.130 mean? (Statute below)
Do creditors whose "judgment is a lien on any property of the decedent"
still have to present a claim in a timely fashion in order to get paid? Or
can they get paid whether they submit a claim or not? If the PR fails to
send them notice to creditors does it make any difference?

*RCW **11.40.130* <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.130>

*Judgment against decedent—Execution barred upon decedent's
death—Presentation—Sale of property.*
If a judgment was entered against the decedent during the decedent's
lifetime, an execution may not issue on the judgment after the death of the
decedent. *The judgment must be presented in the manner provided in
RCW **11.40.070
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>, but if the
judgment is a lien on any property of the decedent, the property may be
sold for the satisfaction of the judgment and the officer making the sale
shall account to the personal representative for any surplus. *

QUESTION TWO: When does a judgment become a lien on the property of the
decedent? Are any or all of these 4 judgments liens on the property?
RCW 4.56.190 says a judgment shall be a lien upon the judgment debtor's
nonexempt real estate to commence as provided in RCW 4.56.200.

One of the judgments was entered in the superior court of the county where
the real estate is located.  If I am reading 4.56.200(2) and 4.64.030
correctly, filing this on the "execution docket" is a ministerial task
automatically
performed by the clerk so I think this one is a lien on the property.

One of the judgments was entered in the District Court of the county where
the real property is located and that judgment was filed in the county land
records of the same county. I think the statute requires it to be filed in
the superior court so I don't think the lien has commenced.

Two other judgments were entered in the District Court of the county where
the real property is located. I think 4.56.200(4) and (5) require them to
be filed in the superior court so I don't think a lien has commenced.

Am I just being stupid today or is this confusing?

*RCW **4.56.200* <http://app.leg.wa.gov/RCW/default.aspx?cite=4.56.200>

*Commencement of lien on real estate.*

The lien of judgments upon the real estate of the judgment debtor shall
commence as follows:

(1) Judgments of the district court of the United States rendered or filed
in the county in which the real estate of the judgment debtor is situated,
from the time of the entry or filing thereof;

(2) Judgments of the *superior court for the county in which the real
estate of the judgment debtor is situated*,* from the time of the filing by
the county clerk upon the execution docket in accordance with RCW *
*4.64.030* <http://app.leg.wa.gov/RCW/default.aspx?cite=4.64.030>*;*

(3) Judgments of the district court of the United States rendered in any
county in this state other than that in which the real estate of the
judgment debtor to be affected is situated, judgments of the supreme court
of this state, judgments of the court of appeals of this state, and
judgments of the superior court for any county other than that in which the
real estate of the judgment debtor to be affected is situated, from the
time of the filing of a duly certified abstract of such judgment with the
county clerk of the county in which the real estate of the judgment debtor
to be affected is situated, as provided in this act;

(4) *Judgments of a district court of this state rendered or filed as a
foreign judgment in a superior court in the county in which the real estate
of the judgment debtor is situated*, from the time of the filing of a duly
certified district court judgment or duly certified transcript of the
docket of the district court with the county clerk of the county in which
such judgment was rendered or filed, and upon such filing said judgment
shall become to all intents and purposes a judgment of the superior court
for said county; and

(5) *Judgments of a district court of this state rendered or filed in a
superior court in any other county in this state than that in which the
real estate of the judgment debtor to be affected is situated*, a
transcript of the docket of which has been filed with the county clerk of
the county where such judgment was rendered or filed, from the time of
filing, with the county clerk of the county in which the real estate of the
judgment debtor to be affected is situated, of a duly certified abstract of
the record of said judgment in the office of the county clerk of the county
in which the certified transcript of the docket of said judgment of said
district court was originally filed.


-- 

*Chandra M. Lewnau*  *|*  Attorney

WALL GROUP LAW

51 W. Dayton St., Suite 305  *|*  Edmonds, WA 98020

*Tel* 425.670.1560  *|*  *Fax* 425.361.1512  *|* http://www.wallgrouplaw.com


THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.

For faster response email chandra at wallgrouplaw.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220921/23fd4715/attachment.html>