[WSBARP] The lingering lien

John McCrady j.mccrady at pstitle.com
Mon Jun 7 13:22:13 PDT 2021


Under the facts you describe I would recommend a talk with the title company; if the lien has expired without any foreclosure action or bankruptcy the title company should be willing to remove it from their title report.
If they won't remove it, try another title company.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Andrew Hay
Sent: Monday, June 07, 2021 10:35 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] The lingering lien

Client has a lien filed May 2020 on his property for a furnace installed during construction.  General and furnace supplier got in a fight and bill remains unresolved.  Homeowner wants to refi but lien is a cloud on title.

Of course there is a claim against the contractor

No action was filed to foreclose so the lien is not foreclosable.  Does the expiration of the lien now make it removable as a frivolous lien?  Is there any other way to get fees in an action against the supplier?

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
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