[WSBARP] HOA notice of liens - legal description

[Jennifer Johnson]

If the lien is properly indexed under the property owner’s name and/or the tax parcel number, then the title company should find it.

Jennifer

Jennifer Johnson
Attorney | Title Officer
Wahkiakum Title & Escrow Co.
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3741
(360) 795-3001 (f)

Serving Wahkiakum County’s Title & Escrow Needs For Over 100 Years

Agent for Old Republic National Title Insurance Company



> On Dec 29, 2016, at 3:01 PM, Josh Grant <jgrant at accima.com> wrote:
> 
>     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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