[WSBARP] filing transcript of judgment enough?
Richard Wills
richardwills at washington-probate.com
Tue Jan 20 09:33:54 PST 2015
*John --- Thank you.**
**
**So am I right to assume that a "Transcript of a Judgment" is a
District Court document & is moot as regards a Judgment Summary**entered
in a Superior Court?**
**
**Lastly, I understand that I may obtain an Abstract of Judgment from
the Superior Court in which the Judgment Summary was entered. When
filing that Abstract in another Superior Court (ie, in a different
county), does that require the payment of **another $240 filing fee? If
not, what does it require?*
On 1/20/2015 8:55 AM, John McCrady wrote:
>
> 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>
> [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/>
>
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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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