[WSBARP] filing transcript of judgment enough?

[Richard Wills]

*John --- Would you please describe the differences between:**
*

  * *A Judgment Summary;*
  * *A Judgment Transcript; &*
  * *A Judgment Abstract.*

*Richard Wills*


On 1/16/2015 4:44 PM, John McCrady wrote:
>
> The recording of the transcript does not result in a lien on anything 
> but excess value of homestead property.  That is why you would want to 
> also file the abstract with the superior court when the debtor owns 
> anything suspected to be non-homestead property.
>
> 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 3:31 PM
> *To:* WSBA Real Property Listserv
> *Subject:* Re: [WSBARP] filing transcript of judgment enough?
>
> 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 <mailto:j.mccrady at pstitle.com>
>
> *Sent:*Friday, January 16, 2015 3:11 PM
>
> *To:*WSBA Real Property Listserv <mailto:wsbarp at lists.wsbarppt.com>
>
> *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> 
> [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 <mailto:andrewhay at washingtonlaw.net>
>
> *Sent:*Friday, January 16, 2015 2:46 PM
>
> *To:*WSBA Real Property Listserv <mailto:wsbarp at lists.wsbarppt.com>
>
> *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 <http://www.washingtonlaw.net/>
>
> *THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE 
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>
> *From:*wsbarp-bounces at lists.wsbarppt.com 
> <mailto: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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