[WSBARP] filing transcript of judgment enough?

Tue Jan 20 12:16:28 PST 2015

Most welcome

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 12:01 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] filing transcript of judgment enough?

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> [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 AND DESTROY ALL COPIES

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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