[WSBARP] HOA notice of liens - legal description

[Richard Holland]

There is a case – at least one that I know of - that for the life of me (on my phone) I can’t recall the name of at the moment - that says that the auditor’s file number is a sufficient legal as the judge did not consider reference to the Etax affidavit or County records an “off document” such that it was a deficient legal.  Not sure I buy that and I would always include it.  That said, since almost every county now requires at least the “short legal” in order to index the file, the parcel number and the short legal should be enough.  To my knowledge, Title Companies do not search based on complete legal descriptions.  They are going to use the address and parcel number and the short legal should be confirmation to them that they are looking at the right address.  Interested to hear other views though.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Thursday, December 29, 2016 3:02 PM
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA notice of liens - legal description

    I have a HOA client who files notices of liens when members do not pay assessments.  The CC&R’s in this case do not require such recording before a lien exists, but allows the HOA to file a public “lien”.  Is it not a best practice to include the legal description on the notice of lien along with the parcel #?  An auditor’s clerk advised the client to simply remove the “exhibit “A” which contained a legal description because “it wasn’t needed, the parcel # is enough and it saves $1.00”.  Of course now the document recorded makes reference to an exhibit “A” which doesn’t exist.

But my concern with this legal advice is that a title company may not pickup the notice, and if the lot is sold the nonpayment of liens might not appear as a special exception and the sale closes without the payment to the HOA, which is one of the main reasons for filing a notice of lien in the first place.

Other opinions?

Josh

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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