[WSBARP] Priority of mechanics lien recorded post conveyance

[Jay Goldstein]

Per statute, lien dates back to start of work.

http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.061


Jay A. Goldstein
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1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Blackmon
Sent: Wednesday, August 30, 2017 2:00 PM
To: WSBA Real Property List Serve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Priority of mechanics lien recorded post conveyance

'Mates, your input is appreciated following my ineffective legal research (which was then curtailed by error messages on CaseMaker).

Facts: Owner contracts with GC to build house; Owner pays GC in full without sufficient lien release assurances; Owner sells house, title is conveyed to Buyer by recorded warranty deed; Subcontractor thereafter records an otherwise valid mechanic's lien.

I assumed the lien was invalid on its face since it is subsequent to conveyance. How can Subcontractor foreclose Buyer's superior-in-time interest? I know a mechanics lien can defeat an existing but unrecorded DOT. But superior to a prior recorded conveyance?

Is it as simple as I think? Is this lien invalid on its face? Or am I missing something?

Thanks in advance!!

Craig


Craig Blackmon, Attorney at Law
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