[WSBARP] filing transcript of judgment enough?

[Josh Grant]

OK, that helps a lot.  I was thinking, why do we file a transcript of judgment (also referred to as abstract of judgment??) in superior court if we are going to record the judgment with the Auditor.

This residential property we hope to realize on has been rented out for some time, and the debtors now live out of state, but I suppose they could claim it as a homestead??  So having done both I guess we are covered.

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734


From: John McCrady 
Sent: Friday, January 16, 2015 3:11 PM
To: WSBA Real Property Listserv 
Subject: Re: [WSBARP] filing transcript of judgment enough?

I believe that recording the transcript in the auditor’s office is sufficient (and required) to create a lien on excess value of homestead property.

In order to create a lien on non-homestead property I believe you need to file an abstract of the judgment at the superior court where the property is located.

 

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98466

253-476-5721

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Friday, January 16, 2015 2:53 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] filing transcript of judgment enough?

 

Ok, thanks.  Just a simple recording sheet cover page and no need to reference the real estate we think the lien applies to?

 

From: Andrew Hay 

Sent: Friday, January 16, 2015 2:46 PM

To: WSBA Real Property Listserv 

Subject: Re: [WSBARP] filing transcript of judgment enough?

 

RCW 6.13.090 suggests recording the judgment is necessary.

 

 

RCW 6.13.090

 

Judgment against homestead owner — Lien on excess value of homestead property.

  

 

A judgment against the owner of a homestead shall become a lien on the value of the homestead property in excess of the homestead exemption from the time the judgment creditor records the judgment with the recording officer of the county where the property is located. However, if a judgment of a district court of this state has been transferred to a superior court, the judgment becomes a lien from the time of recording with such recording officer a duly certified abstract of the record of such judgment as it appears in the office of the clerk in which the transfer was originally filed. A department of revenue tax warrant filed pursuant to RCW 82.32.210 shall become a lien on the value of the homestead property in excess of the homestead exemption from the time of filing in superior court.

 

Andrew Hay

Hay & Swann PLLC

201 South 34th Street

Tacoma, WA  98418

Phone: (253) 272-2400

Fax:     (253) 267-8947

www.washingtonlaw.net

 

 

THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY.  IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Friday, January 16, 2015 2:30 PM
To: wsbar
Subject: [WSBARP] filing transcript of judgment enough?

 

I have obtained a judgment for my client.  I found a house in a different county on defendant’s name. I have filed a transcript of judgment with the superior court of that neighboring county.  The house is supposedly going to be sold. Is filing the transcript sufficient?  One attorney suggested to my client that a lis pendens also had to be filed.  What do you-all think?

 

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734


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