[WSBARP] Notice of Invalidity of Lien?

Tue Jul 16 13:33:25 PDT 2019

Since the client is getting an equity loan, the “title report” that BECU is relying on is probably not a full title report, but only an informational report that simply shows all liens that are not released.  If the client is willing to pay the cost of a full title report, then I expect the lien would be dropped from the new commitment.

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] On Behalf Of Gregory L. Ursich
Sent: Tuesday, July 16, 2019 1:05 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Notice of Invalidity of Lien?

Cat: Yes I agree with you; the statute says the lien is expired and no longer attaches.  Chicago Title would insure this correctly for sure.  If they will not switch title companies try calling Shawn Elpel in Seattle at Stewart. -Greg

[cid:image001.jpg at 01D53BDB.0B8D64B0]

Gregory L. Ursich | Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Catherine Clark
Sent: Tuesday, July 16, 2019 12:56 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Notice of Invalidity of Lien?

It is a timing issue.  Could do but isn’t that what the statute is for?

Catherine “Cat” Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

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 Gregory L. Ursich
Sent: Tuesday, July 16, 2019 12:30 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Notice of Invalidity of Lien?

Daniel is right if the lien claimant records a release of lien, then they have no excuses.  But that is truly “belt and suspenders”.

[cid:image001.jpg at 01D53BDB.0B8D64B0]

Gregory L. Ursich | Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
vCard<http://www.insleebest.com/uploads/vcards/gursich.vcf> | website<http://www.insleebest.com/> | gursich at insleebest.com<mailto:gursich at insleebest.com>

This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Daniel Berner
Sent: Tuesday, July 16, 2019 12:03 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Notice of Invalidity of Lien?

Cat,

Have you contacted the lien claimant and requested the lien be released?

Assuming you have, I would then file a motion to release a frivolous/invalid lien pursuant to RCW 60.04.081.

There may be other procedures, but that is probably the quickest and least costly for your client.

I’m interested to hear what others recommend.

Best,
-Daniel Berner

On Jul 16, 2019, at 11:59 AM, Kaitlyn Jackson <kaitlyn at dimensionlaw.com<mailto:kaitlyn at dimensionlaw.com>> wrote:
I would love to see answers on this question as well!

Kaitlyn

On Tue, Jul 16, 2019 at 11:40 AM Catherine Clark <Cat at loccc.com<mailto:Cat at loccc.com>> wrote:
All:

I have a client attempting to take out a HELOC from BECU.  An old mechanics lien appeared on the "title report" from Stewart Title in Delaware (a short form).  The lien has expired as no suit was filed.

BECU wants me to take my letter written to them to the King County Recorder and get the lien "removed" before they fund the HELOC and/or record my letter.  Nope.

All requests to talk to an underwriter or the legal department have been declined.  Stewart in Delaware is standing firm.

We are going to try one last time with a document entitled "Notice of Invalidity of Lien" for the client to sign certifying she was not sued and thus the lien has expired.  And record that.

Is this how folks have dealt with this in the past?

All thoughts welcome.

Thanks.

Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com><mailto:cat at loccc.com<mailto:cat at loccc.com>>

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Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
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