[WSBARP] Lien priority question

NC seaseanc at gmail.com
Tue Jan 8 12:05:53 PST 2019


Check out
Bisbee   v.  Carey, 17   Wash. 224,  49   Pac.  220   (1897); Skeel  v.
Christenson ,  17   Wash.  649,  50   Pac.  466   (1897);  1
Washington Practice §   12.5   (4th   ed.  1997)Bank   of  Gresham  v.
Johnson ,  143   Wash.  24,  254  Pac. 464 (1927).

On Tue, Jan 8, 2019 at 2:45 PM Richard Holland <rich at pnwle.com> wrote:

> John,
>
>
>
> Was it case law?  I want to be clear I understand what you are saying.  If
> “Jack” wants to buy a house and has a $50k judgment from 2015 out there,
> nonetheless the Deed of Trust for the loan taken out in 2019 will have
> *priority* on title over the judgments?  And, if that is what you
> intended to say, does that hold true if, for example, the judgment was not
> only entered but actually recorded in 2015 (in my example)?
>
>
>
> Rich Holland
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *John McCrady
> *Sent:* Tuesday, January 08, 2019 11:29 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Lien priority question
>
>
>
> As a purchase money mortgage, it takes priority against previously entered
> judgments against the purchaser.
>
> Sorry, I don’t have access to the authority for that statement right now
>
>
>
>
>
> John McCrady
>
> Counsel
>
> Puget Sound Title Company
>
> 5350 Orchard Street West
>
> University Place WA 98467
>
> 253-476-5721
>
> j.mccrady at pstitle.com
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [
> mailto:wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *Jay Goldstein
> *Sent:* Tuesday, January 08, 2019 9:32 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Lien priority question
>
>
>
>  First in time, first in right.
>
> See RCW 65.08.060(3) and
>
> 65.08.070
>
>
>
> J
>
>
> Sent from my iPad
>
>
>
> Goldstein Law Office
>
> Jay Goldstein
>
> 1800 Cooper Point Rd SW #8
>
> Olympia, WA 98502
>
> 360 352 1970
>
> Jay at jaglaw.net
>
> Jaglaw.net
>
>
> On Jan 7, 2019, at 4:11 PM, Patrick McDonald <
> pmcdonald at podymcdonaldlaw.com> wrote:
>
> Hi,
>
>
>
> I have a question regarding the relative priority of two liens encumbering
> a property.
>
>
>
> If a judgment is entered in the superior court in the county in which the
> property is located, it is a lien against that property. What if the
> property is purchased after the judgment is entered and there is a purchase
> money deed of trust recorded at the same time the property is purchased.
> Does the judgment that was entered previously take priority over the deed
> of trust that secures a purchase money loan?
>
>
>
> Thanks,
>
>
>
> Patrick McDonald
>
> *_______________________*
>
> *Pody & McDonald, PLLC*
>
> 1200 Fifth Avenue, Suite 1410
>
> Seattle, WA 98101-3106
>
> T: 206-467-1559
>
> F: 206-467-4489
>
>
>
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