[WSBARP] New DOL Records Policy & Mobile Home Landlord Lien SOL

[Scott Russon]

I have just been informed by the Dept of Licensing that they have made a recent change to their document retention policy and no longer keep records past 6 years, including mobile home title records.  In fact, they have allegedly purged all of the old records they did have, including a deletion of their computer records.  Thus, I have no way of finding out who owns a mobile home, motor vehicle, boat, etc., if the last title was issued over 6 years ago.  Here is the response I received upon my public records request for current titled owners of a mobile home:

"Thank you for your recent inquiry. Washington only maintains historical documents for six years then purges them from the system, at which point they no longer exist in any format.  I am not able to find any records containing the information provided in your record request, which means, either the vehicle has never been titled/registered in Washington State, or the title/registration documents have exceeded our retention period.
If you have questions concerning titling or other licensing information, please contact your local licensing agency or the Department's Customer Service Unit at (360) 902-3770, option #5 OR email them at customercare at dol.wa.gov<mailto:customercare at dol.wa.gov>.  Let them know you already contacted the Public Disclosure Unit."

Have others received the same response?  Based on this I have advised my mobile home parks to obtain photocopies of current titles to each mobile home in the park to keep in their file.

ALSO:  Does anyone have thoughts on the SOL for a landlord lien, RCW 60.72 (again in a mobile home context).  Most lien statutes state a specific SOL.  I don't see that under the landlord lien statute.  Client evicted a tenant over two years ago, and wants to assert landlord lien now to obtain title to and dispose of a mobile home.  Absent a statute saying something else, I suppose it would be three years.

Sincerely yours,

SCOTT E. RUSSON
Attorney at Law

English & Marshall, PLLC
12204 S.E. Mill Plain Blvd., Suite 200
Vancouver, WA 98684
Phone: (360) 449-6100
Fax:    (360) 449-6111

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