[WSBARP] Judgment lien issue

Fri Sep 6 12:18:30 PDT 2019

Advise them that the lien is unliquidated at this time and in the process of
an appeal for additional fees and costs. Maybe this will open the door to
settling the appeal with the Seller.

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 Andrew Hay
Sent: Friday, September 6, 2019 11:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Judgment lien issue

Wow - that is a tricky one!

I haven't seen this issue so others who have addressed it may have some
input based on their experience.

But I would not want to release the lien before the appeal is concluded.
The problem is you need some cover in case a sale or refinance does not go
through because of the lien and there are damages.

You could file a motion in the trial court asking for a declaratory ruling
that determines that the judgment payoff is a certain amount at present but
is subject to amendment in the future due to appeal such that payoff at the
current amount will not release the judgment lien and the lien may increase
depending on the outcome of the appeal.  Alternatively ask the court to
indicate the lien amount is just not fixed at the moment.  Or allow the sale
and ask that ALL sale proceeds be held in the court registry or a trust
account until the appeal is done and the lien amount is determined.

Or tell them all sale proceeds have to be interpled and held pending
resolution of an action to determine the proper amount of the judgment lien.

Andrew Hay

Hay & Swann PLLC

201 S. 34th St.

Tacoma, WA 98418

 <http://www.washingtonlaw.net/> www.washingtonlaw.net

 <mailto:andrewhay at washingtonlaw.net> andrewhay at washingtonlaw.net

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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 Patrick McDonald
Sent: Friday, September 6, 2019 10:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Judgment lien issue

Listmates, 

My client has a judgment lien against real property that is being sold.
Escrow has asked for a payoff. However, the case in which my client obtained
a judgment is still active. My client prevailed on appeal and was awarded
attorney fees and costs. A mandate has not issued as the seller has since
filed a petition for review with the Supreme Court. Currently, we are
waiting to hear if the court will hear the case. 

Ultimately, when jurisdiction of the case is eventually returned to the
trial court, my client intends to file a motion adding its attorney fees and
costs incurred on appeal to the judgment (assuming the Supreme court doesn't
take the case or reverse the trial and appellate court decisions). 

In the meantime, we need to respond to the request for a payoff of the
judgment lien. How does this work? If the property is sold and the judgment
is satisfied from sale proceeds, is there any way the judgment lien
"re-attaches" to the property if and when the judgment is supplemented to
add the attorney fees and costs incurred on appeal? And if the judgment is
voluntarily satisfied from escrow proceeds, does that render the appeal
moot? 

A lis pendens was not recorded as the litigation did not involve the piece
of property being sold. No supersedeas bond, cash, or alternate security was
posted to stay enforcement of the judgment.  

Any thoughts would be appreciated. Thank you. 

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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