[WSBARP] The lingering lien

[Inge Fordham]

I’ve never had any luck with getting a title company to let this go.  I have, however, successfully petitioned the court to order the lien released based on the expiration of the 8-mo. foreclosure period.  In my experience, the trick to requesting fees (and actually getting them awarded) is to send correspondence to the contractor ahead of time with an enclosed release of claim of lien and let the contractor know that unless the signed release is returned within XX days, you’ll file a frivolous lien petition and request an award of fees.  It’s helpful to show the court you did everything you could before escalating the dispute.  It’s a delicate balance, however, as that can also increase costs and fees and courts rarely give a full fee award on a frivolous lien petition (at least in my experience).


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
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From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of John McCrady <j.mccrady at pstitle.com>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Date: Monday, June 7, 2021 at 1:25 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] The lingering lien

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
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
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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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