[WSBARP] Promissory note question

Thu Nov 12 07:46:29 PST 2020

Be careful about filing a lien before you have a judgment. In Washington
that would run afoul of our lis pendens statute. Until you have a judgment
your claim is for money only, and does not affect title to the property.
You either need a judgment, or as suggested a pre-judgment writ, to
encumber the real property.

Paul S. Drayna
Attorney at Law
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On Wed, Nov 11, 2020 at 3:10 PM Douglas Scott <doug at rainieradvocates.com>
wrote:

> Since they are friends, has the creditor approached the debtor about
> signing a lien or other document to assure that he will be paid out of the
> proceeds of sale.
> Alternatively, North Carolina may have a prejudgment proceeding (similar
> to our prejudgment attachment) where the creditor might be able to encumber
> the property or tie up closing funds as part of his immediately filed
> litigation.
>
> *DOUGLAS W. SCOTT*
> Rainier Legal Advocates|LLC
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> On Wed, Nov 11, 2020 at 2:27 PM Gregory L. Ursich <gursich at insleebest.com>
> wrote:
>
>> I would file suit in North Carolina where property is and get a judgment
>> as fast as possible.  You will need to attempt service in India, and use
>> the North Carolina Long-arm statute.
>>
>>
>>
>> *Gregory L. Ursich *
>>
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>> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
>> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Anthony Gibbs
>> *Sent:* Wednesday, November 11, 2020 2:00 PM
>> *To:* wsbarp at lists.wsbarppt.com
>> *Subject:* [WSBARP] Promissory note question
>>
>>
>>
>> Bar exam fact pattern time:
>>
>>
>>
>> PC/creditor issued a promissory note to a “friend”/debtor of his here in
>> Washington, $100,000. Creditor is here, debtor has moved to India. Debtor
>> has a home in North Carolina which is currently on the market but has not
>> yet sold. Debtor has not paid on the promissory note and keeps telling PC
>> “I’ll pay you next week.”
>>
>>
>>
>> The NC house is the only US asset of debtor, so we need to stop that
>> sale. Can we file here on the promissory note, and send notice of intent to
>> lien to escrow company (or realtor?) in NC while we try to serve OP in
>> India? Creditor has debtor’s office address in India (at least he believes
>> he does) so there is a chance we could get him served.
>>
>>
>>
>> Any thoughts or lead are most appreciated.
>>
>>
>>
>> Anthony F. Gibbs, Esq.
>>
>> Sounder Law PLLC
>>
>>
>>
>> (206) 734-4374 [P]
>>
>> (206) 212-7825 [F]
>>
>> anthony at sounderlaw.com
>>
>> sounderlaw.com
>>
>>
>>
>> 22014 7th Ave South, Suite 106
>>
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>>
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