[WSBARP] Lien priority question

nestor at pplsweb.com nestor at pplsweb.com
Tue Jan 8 11:58:46 PST 2019


I believe the question posed related to an existing judgment that attached prior to purchase through Seller or a prior owner, which in that event would have priority over the PMM.

 

Did the judgment holder make a claim?  

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Tuesday, January 8, 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 <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> 

Jaglaw.net <http://Jaglaw.net> 


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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