[WSBARP] Taking Title Subject to Lien

[Dwight Bickel]

Upon acquisition of ownership, the judgment will automatically attach as a lien to non-homestead real property.

Often a purchaser chooses not to pay off a prior judgment at the time of closing. A purchaser has the right to delay, sometimes hoping the creditor will never enforce the judgment and eventually the judgment expires as a lien. The judgment creditor usually has no knowledge that real property has been acquired.

If there is a purchase money loan, the title company can insure the new purchase-money lien is superior, and remove the judgment as an exception to that loan policy. The judgment will be an exception on the owner's title insurance policy.

However, the judgment creditor can quickly begin execution proceedings against that property. There is a rule in equity that the creditor is required to first pursue other collection first, resorting to a Sheriff's sale of real property only if required for collection.

Dwight A. Bickel
Washington Title Professional
dwightbickel at hotmail.com
www.linkedin.com/in/dwightbickel
http:/www.titleadvisor.com
206-484-1976


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