[WSBARP] Enforcement of Divorce Decree/Assumption of Mortgage

[Eric Nelsen]

Darcie--I don't know if you received any offline responses, but for what it's worth: A Decree is a judgment and typically is only enforceable for 10 years. RCW 4.16.020(2)<http://app.leg.wa.gov/RCW/default.aspx?cite=4.16.020>. If the Decree was pursuant to a settlement agreement, however, the contractual terms of the agreement might still be enforceable independently as a contract under the 6-year S/L if the date of breach (when the cause of action accrued) was within the last six years. You might be able to file an action for breach of the contract, rather than filing a motion for contempt under the (expired) Decree.

At least she got the money judgment a few years ago--that's under its own 10-year S/L. She might or might not have a shot at some portion of equity depending on whether there are any surplus proceeds after sale. If the judgment wasn't issued in the same county as the real estate, record the judgment in the county where the property is situated and it will attach as a lien. RCW 4.56.200<http://app.leg.wa.gov/RCW/default.aspx?cite=4.56.200>(3).

I know you referred to rental properties rather than his home, but note, if the judgment is to attach to the value of his homestead in excess of the $125,000 homestead exemption, then the judgment needs to be recorded in that county, even if the judgment was rendered by that county's court. RCW 6.13.090<http://app.leg.wa.gov/RCW/default.aspx?cite=6.13&full=true#6.13.090>. Otherwise the judgment automatically attaches to all real estate in the county issuing the judgment. RCW 4.56.200(2).

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Darcie Byrd
Sent: Wednesday, April 04, 2018 8:25 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Enforcement of Divorce Decree/Assumption of Mortgage

Hello listers,

I have a client who was divorced in 2007.  Title was properly settled on all real estate.  She retained her residence.  The husband retained his residence and two rental properties. The ex-husband was to refinance any mortgage on his awarded real estate in his sole name.  He failed to do so and now has defaulted on the mortgage for a four-plex rental property.  My question is, would there be any statute of limitations issue with obtaining an order finding him in contempt?  My client learned of the default only a couple months ago.  Her credit has been seriously damaged.  The goal is to force him to re-fi (highly unlikely now that the mortgage in is default) or have the court order the sale of the property.  Also, it would be nice if she could recoup a large sum of money owed to her that was awarded in the divorce.  He was to buy out her share of the properties he retained per the divorce decree, but never paid.  She obtained a money judgment for that sum a few years ago, but he has evaded garnishment by moving his money around. If she could carve it out of any real estate sale proceeds, that would be ideal.
Your insights are greatly appreciated!

Darcie Byrd
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