[WSBARP] Abstract of Judgment Lien on real estate

[John McCrady]

If the judgment was entered in Superior Court in Snohomish County, it remains a lien on Snohomish County real estate, and the lien is not affected by the bankruptcy discharge, and your recording of the judgment allows the lien to attach to the  excess value of the debtor's homestead.
On the other hand, if the judgment was not entered in, or abstracted to, Snohomish County Superior Court, in my opinion it is not a lien on the Snohomish County real estate, and your recording of the abstract only allows the judgment to attach to the excess value of the debtor's homestead.

Sorry, typed fast and I hope that made sense.

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 Douglas W. Scott
Sent: Tuesday, April 18, 2017 3:42 PM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com) <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Abstract of Judgment Lien on real estate


*         My client obtained a Judgment against Defendant in 2008 based upon a loan default

*         I recorded an Abstract of Judgment against D's real estate in Snohomish County in 2008

*         D files Chapter 7 Bankruptcy June 2009 and Discharge of Debtor ordered in Sept 2009

*         My client was not notified of the Bankruptcy nor listed as a creditor

*         No motion was made to release the Abstract of Judgment against the real estate

*         My client finds out last week about the 2009 Bankruptcy

*         D still resides in the real estate

*         10 years to refile the Judgment in superior court expires July 2018
     I assume that even though client was not notified of the Bankruptcy proceedings that the debt is still discharged. However, the Abstract of Judgment remains a lien against the real estate. Any suggestions?

Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829
www.davisscottlaw.com<http://www.davisscottlaw.com/>

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