[WSBARP] filing transcript of judgment enough?

Richard Wills richardwills at washington-probate.com
Tue Jan 20 12:01:11 PST 2015


*John, thank you.*


On 1/20/2015 10:12 AM, John McCrady wrote:
>
> Yes, the Transcript is in fact a District Court document.  I attach a 
> copy of one as filed in Pierce County.  A Transcript of District Court 
> Judgment is a  distinct concept from the concept of a Judgment Summary.
>
> I am afraid I don’t have any idea of the cost of filing an Abstract of 
> a Judgment in other than Pierce County.  For Pierce County see the 
> attached fee sheet.
>
> 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 9:34 AM
> *To:* WSBA Real Property Listserv
> *Subject:* Re: [WSBARP] filing transcript of judgment enough?
>
> *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>
>     [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/>
>
>         *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
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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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