[WSBAPT] Lis Pendens

Fri Apr 4 08:49:17 PDT 2025

Make it easy on yourself, do both. The language shouldn’t say filed with the auditor when it should say record but it is rare to get in trouble for over protecting yourself. 

Jim

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Amy Goertz
Sent: Friday, April 4, 2025 8:17 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Lis Pendens

Good Morning -

I have a probate matter in which I represent the surviving spouse. We brought a TEDRA action in which we allege a wrongful transfer of the decedent’s real property, which was transferred from the decedent’s name alone to a joint tenancy. The joint tenants recorded a death certificate and have now listed the property for sale. 

I have reviewed RCW 4.28.320 and some other online information and in places it says “file” when I believe it is means “record” so I want to be sure I get this right. I would appreciate some input. 

My understanding is that I need to:

            (1) Record the Notice of Lis Pendens in the county where the property is located; and 

            (2) Serve the Notice of Lis Pendens on opposing counsel. 

            (3) Do I also file the Notice of Lis Pendens in the pending court matter?

The statute indicates there must be an action affecting title. The TEDRA action includes a demand to unwind the improper transfer, which logically seems to me to affect title. Thoughts?

In reviewing the procedure for the Lis Pendens, I found this “ensure the Summons is served on the defendant within 60 days of filing the lis pendens.” Does this apply when the TEDRA matter affecting title is ongoing and was already served and a Notice of Appearance filed by opposing counsel for the joint tenant who transferred the property?

Thanks in advance for your thoughts.

mail.gif

Amy

Amy J. Goertz, J.D.

Goertz & Lambrecht PLLC

amyjgoertz at icloud.com 

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