[WSBARP] Lien priority question

[Valentine, Gretchen (TRGC)]

Bisbee v. Carey.  Very old Washington case.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Tuesday, January 8, 2019 11:42 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Lien priority question

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto:j.mccrady at pstitle.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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<mailto: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<mailto:Jay at jaglaw.net>
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On Jan 7, 2019, at 4:11 PM, Patrick McDonald <pmcdonald at podymcdonaldlaw.com<mailto: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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