[WSBARP] filing transcript of judgment enough?

Tue Jan 20 09:20:47 PST 2015

For years, I have been following the language of the statute. I don't record
an abstract of the judgment, I record the judgment. Compare the first two
sentences of 6.13.090, below. This gets at excess equity over the homestead
protection. I do record an abstract in foreign counties to get at everything
else, if there is anything else. Two different things. 

But see Matter of Deal, 85 Wash. App. 580, 933 P.2d 1084 (Div. 1 1997). The
Deal court discusses the priority of various claims against surplus proceeds
from a nonjudicial deed of trust foreclosure sale vis-a-vis the debtor's
homestead. Although the case involved a nonjudicial deed of trust
foreclosure the court's reasoning as to the surplus proceeds would be
equally applicable to a judicial foreclosure. The court held that a judgment
holder in one county need only record their judgment with the recorder of
another county pursuant to RCWA 6.13.090 and did not also need to file an
abstract of their judgment with the clerk of the other county, pursuant to
RCWA 4.56.200(2) in order to encumber the excess equity in homestead
property. See also, Sweet v. O'Leary, 88 Wash. App. 199, 944 P.2d 414 (Div.
1 1997). The Washington State Legislature has amended RCWA 6.13.010,
6.13.030, 6.13.150, and 6.13.160 in response to Robin L. Miller Const. Co.,
Inc. v. Coltran, 87 Wash. App. 112, 940 P.2d 661 (Div. 1 1997). In the Robin
Miller case, the Court of Appeals held that the net value of homestead real
property would be calculated at the time a judgment lien was executed
against it and that the encumbrances against the value of the property
should include the judgment being executed upon. Above-referenced amendments
increased the amount of the homestead to $40,000 and provided that only
encumbrances senior to the judgment being executed on would be utilized in
computing net value.

27 Wash. Prac., Creditors' Remedies - Debtors' Relief § 3.13

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

This message is intended solely for the use of the addressee and may contain
information that is privileged, confidential, and exempt from disclosure
under applicable law.  If you are not the addressee, you are hereby notified
that any use, distribution, or copying of this message is strictly
prohibited.  If you received this message in error, please notify us by
reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.
Thank you.

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Tuesday, January 20, 2015 8:55 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] filing transcript of judgment enough?

There may be technical distinctions with which I am not familiar, but in
usage:

1)       A judgment summary is the summary of the terms of the judgment,
place on the first page of the filed Superior Court Judgment

2)      A Transcript of a District Court Judgment is filed in Superior
Court, in order to, in my world, allow the judgment to attach to real
estate.

3)      When a Superior Court in Thurston County enters a judgment, but the
Creditor wants the judgment to attach to Pierce County property, an Abstract
of the Thurston County Judgment is filed in Pierce County Superior Court.

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 Richard Wills
Sent: Tuesday, January 20, 2015 7:54 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] filing transcript of judgment enough?

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] 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

 <http://www.washingtonlaw.net/> 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

  _____  

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp

  _____  

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150120/558c569e/attachment.html>