[WSBARP] Lis Pendens

[Carmen Rowe]

Hi Nestor -

Again being on digest, I just left your post below my signature and cut out
the main chain.

But to note for however you might chose to proceed with such things, from
my reading of the case (
​
John Morgan Const. Co. v. McDowell) & citations in it, that is the point -
there is no separate notice that needs to be given when foreclosing so long
as lien recorded, as the recorded lien is notice that the buyer needs to
investigate the status of the lien (including whether being foreclosed
upon).

That said ..... even if legally superfluous, I can see a practical benefit
in making sure someone actually saw it, not just legally deemed to have
notice of it, and avoid the practical issue of someone not having noticed
and now you have to unwind. I am sure people are more likely to pay
attention when there is a lis pendens than "just seeing a lien" to realize
foreclosure is at play.

I have seen what you have, too, that someone moves the court to release the
lis pendens upon posting a bond. I have also seen, though, the court award
attorney's fees for having to bring that motion if someone had already
posted the bond and requested lien-holder to release the lis pendens, and
the lien-holder refused (which I believe was the scenario originally
posted?). That is the gist of my suggestion in this case - that even if a
lis pendens was legitimate to begin with, if the judgment is now secured
and no further risk of foreclosure, there is no further basis for impact on
title, it's straight money.

Unless someone sees that differently?


Carmen Rowe, Attorney/Owner


Phone: (360) 669-3576 (direct cell)
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> Sent: Thursday, March 01, 2018 10:54 AM
> To: 'WSBA Real Property Listserv'
> Subject: Re: [WSBARP] Lis pendens
>
> Carmen,
>
> Thanks for the analysis. On a construction lien even if not required, but
> because of  RCW 60.04.141 I would file a Lis Pendens to put the world on
> notice that the lien is being foreclosed. As for the bond in this case, I
> have seen Defendants request the judge to release the Lis Pendens by
> posting a bond in the case as security for the release and recording a
> notice that the lien has been ?bonded off?.
>
> Nestor Gorfinkel, Attorney at Law
> Licensed in Washington & Florida
> Florida Civil-Law (International) Notary
>
>
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