[WSBAPT] Judgment Lien Against Estate-Owned Property

Tue Apr 22 14:48:35 PDT 2025

Thanks, Bryce.

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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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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Bryce Dille <Bryce at dillelaw.com>
Date: Tuesday, April 22, 2025 at 2:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Judgment Lien Against Estate-Owned Property

RCW 11. 40. 130 states that if the judgment is a lien on any property of the decedent the property may be and  sold for satisfaction of the judgment . I read the statute as not requiring the creditors claim be filed as to a judgment which is the judgement lien against property of the decedent prior to the decedents death so property could be sold to satisfy in whole or in part the Judgment.. However as to property of the decedent that may be in a different county than where the judgment was entered then there would be no judgment lien against that property and if the judgment was not presented in the manner provided in RCW 11.40. 070 then that property would be exempt from the claim of the judgment.
Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, April 22, 2025 2:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Judgment Lien Against Estate-Owned Property

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fordhamlegal.com&d=DwMF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=hFWUmdsXNdq1ye2U24ntZeN-8yqRaXQUN6LXiLtFFIyo0863ji2ivAD2Vh160oBA&s=ZMgZQyDexabuqG0tZdnUGxLuCGTVg4-r8078zX-gfJQ&e=>

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