[WSBAPT] Judgment Lien Against Estate-Owned Property

[Inge Fordham]

My client, PR of her mother’s estate, just listed an estate-owned property for sale.  It is now under contract with a closing date of 5/20.  The preliminary title commitment revealed a $58kk+ judgment in favor of Citibank South Dakota, N.A.  Citibank was garnishing the decedent’s wages to satisfy the judgment.  The last garnishment filing was in April 2023.  The decedent died approximately 5 months later, in September 2023.  My client had no notice of the Citibank judgment.  It was not discovered in a review of the decedent’s mail, files, financial records, etc.  We published a Notice to Creditors and the 120-day period expired back in November 2024.  Citibank did not make a claim.  I sent a letter to Citibank’s attorneys, who replied that they no longer represent Citibank in this matter.  Not particularly helpful.

I’m trying to ascertain the most efficient way of handling this.  As I see it, I could:

  1.  File a TEDRA Petition setting the initial hearing with 20 days’ notice and ask the court to enter a ruling that Citibank was not a reasonably ascertainable creditor.  Can I ask the court to quiet title against the judgment lien in the same action?
  2.  Or, alternatively, do I need to file a Quiet Title action seeking to clear the judgment lien for the reasons discussed above?

As a follow up question, has anyone served Citibank?  I understand Citibank South Dakota, N.A. is no longer.  I believe Citibank, N.A. is the successor in interest.  Has anyone served Citibank?  I would appreciate any guidance you can offer.

Thank you!


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Fax: (253) 276-0280
www.fordhamlegal.com<http://www.fordhamlegal.com>

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