[WSBARP] Priority of mechanics lien recorded post conveyance

[Craig Blackmon]

Per that statute: The lien "shall be prior to any lien, mortgage, deed of
trust, or other* encumbrance* which attached to the land after or was
unrecorded at the time of commencement of labor or professional services or
first delivery of materials or equipment by the lien claimant."

A conveyance isn't an encumbrance. Or has case law concluded otherwise?

CB

Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
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On Wed, Aug 30, 2017 at 2:03 PM, Jay Goldstein <jay at jaglaw.net> wrote:

> Per statute, lien dates back to start of work.
>
>
>
> http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.061
>
>
>
>
>
> *Jay A. Goldstein*
>
> *[image: Logo Color 946x243 pixels]*
>
> 1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
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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
>
> Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
>
> 92 Lenora St. (The Makers Space, a shared work environment)
>
> Seattle WA 98121
>
> Office/Cell: (206) 369-5949   Fax: (206) 770-7328
>
> @LawyerBroker <https://twitter.com/LawyerBroker>
>
> How to Buy Without an Agent
> <http://www.seattlepropertylawyer.com/blog?category=Buy+without+an+Agent>
>  | How to Sell FSBO
> <http://www.seattlepropertylawyer.com/blog?category=Sell+FSBO> | RE
> Glossary
> <http://www.seattlepropertylawyer.com/blog?category=Real+Estate+Glossary>
>
> CONFIDENTIALITY NOTICE: This communication is a private, confidential
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