[WSBAPT] Judgment against Decedent and creditor claim process

Fri Sep 30 11:37:55 PDT 2022

The title company should take a different stance were you to get a judicial determination that the property is homestead property and that therefor the unrecorded judgment does not reach the excess value.  Title companies can be reluctant to make the factual determination that the property is homestead property, and after death we would be even more reluctant.

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

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Chandra Lewnau
Sent: Friday, September 30, 2022 11:12 AM
To: WSBA Probate & Trust Discussion List <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Judgment against Decedent and creditor claim process

I never got a response on this list but in case it helps someone else:

I did find a statute (RCW 6.13.090) that appears to require recording with the county to perfect a lien against a homestead and a former bankruptcy attorney confirmed that judgments against the homestead require that extra step.  However, the underwriter at the title company's response was "Our stance is that a filed judgment attaches to all assets without the necessity of being recorded.
Since all the judgments were perfected they are liens until they are paid or expire by time being ten years.” If the timing or the market were better I might suggest looking for another title company, but....

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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<https://d.xdref.com/?enc=b64&verify=4288fe7e7a2ad9eb4c76925f6c9da251&id=28UILqxr032679&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=aHR0cDovL3d3dy53YWxsZ3JvdXBsYXcuY29tLw>
THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.
For faster response email chandra at wallgrouplaw.com<https://d.xdref.com/?enc=b64&verify=b2d59664accf84e32b84b840bbf650c0&id=28UILqxr032679&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=aHR0cDovL3dhbGxncm91cGxhdy5jb20v>

On Wed, Sep 21, 2022 at 5:37 PM Chandra Lewnau <chandra at lewnaulaw.com<mailto:chandra at lewnaulaw.com>> wrote:
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<https://d.xdref.com/?enc=b64&verify=5ff817febc832917d88a2cc2a6deeba5&id=28UILqxr032679&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=aHR0cDovL2FwcC5sZWcud2EuZ292L1JDVy9kZWZhdWx0LmFzcHg_Y2l0ZT0xMS40MC4xMzA>

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<https://d.xdref.com/?enc=b64&verify=a4bcadc906cb449ccda61ef035d66851&id=28UILqxr032679&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=aHR0cDovL2FwcC5sZWcud2EuZ292L1JDVy9kZWZhdWx0LmFzcHg_Y2l0ZT0xMS40MC4wNzA>, 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<https://d.xdref.com/?enc=b64&verify=73be0c3be95bbf00fa5ed76d4a93182c&id=28UILqxr032679&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=aHR0cDovL2FwcC5sZWcud2EuZ292L1JDVy9kZWZhdWx0LmFzcHg_Y2l0ZT00LjU2LjIwMA>

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<https://d.xdref.com/?enc=b64&verify=36a86c9bdba61cbdc270c3fc4de51bbc&id=28UILqxr032679&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=aHR0cDovL2FwcC5sZWcud2EuZ292L1JDVy9kZWZhdWx0LmFzcHg_Y2l0ZT00LjY0LjAzMA>;

(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<https://d.xdref.com/?enc=b64&verify=4288fe7e7a2ad9eb4c76925f6c9da251&id=28UILqxr032679&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=aHR0cDovL3d3dy53YWxsZ3JvdXBsYXcuY29tLw>
THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.
For faster response email chandra at wallgrouplaw.com<https://d.xdref.com/?enc=b64&verify=df8d9ecc57887fa9aeb9fba7709709af&id=28UILqxr032679&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=aHR0cDovL3dhbGxncm91cGxhdy5jb20>

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