[WSBARP] Lis Pendens

[Douglas W. Scott]

Oscar, The Washington Court of Appeals has interpreted the Lis Pendens statute broadly in the Schwab v Seattle case as cited by Tom Westbrook: "We are persuaded by the reasoning that the purpose of the lis pendens statute is best served by a broad interpretation of its language." Easement disputes and restrictive covenants are included in lis pendens. As Washington Practice indicates in Volume 1A 1997, updated 2008, "At the time the summons and complaint are filed, a notice of lis pendens should also be filed and recorded with the County Auditor." The Owner's attorney is in the process of bonding around Lien Foreclosure action.  My inclination is to release the Lis Pendens at that stage assuming that my client would be able to recover from this bond.

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/>

From: Oscar Yang [mailto:oscar.yang at esberrylaw.com]
Sent: Sunday, February 25, 2018 1:22 PM
To: Douglas W. Scott
Subject: Lis Pendens

Hi Doug-  how do we define an action affecting the title or ownership of a property?  To us, its definition should be significantly broader than a quiet title action.  Probably, to those who want to cancel it, they want it to be as narrowly defined as possible.  Would love to hear your thoughts, and also if you find out any case that defines it broadly, please let us know.

ES BERRY LAW PC
2155 112th Ave NE
Bellevue, WA 98004
[ESBERRYv2]
DISCLAIMER FROM ES BERRY LAW PC: This e-mail contains proprietary information some of which may be legally privileged, confidential or protected. It is for the intended recipient only. If an addressing or transmission error has misdirected this e-mail, please notify the author by replying to it and delete it. This email is for informational purposes only and does not constitute legal advice. Unauthorized disclosure, printing, forwarding, copying, distribution or other similar use of such information is strictly prohibited. Unless specifically and clearly expressed otherwise, this email also should not be interpreted as an electronic/digital signature that can be used to authenticate a contract or other legal document.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180226/71972de3/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 4088 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180226/71972de3/image001.png>