[WSBARP] Difficulty proving what we all know to be true.

[Craig Gourley]

Listmates.  A Friday conundrum.  In order to convince a title company to insure a transaction I need to prove something I know to be true but is apparently so basic, nobody has challenged it, thus no case law.   In the case of an out of state judgement we all know you must domesticate it before it can be enforced and RCW 6.36 deals with the filing of a foreign judgement and how it MAY be filed.  Nowhere in the law can we find where says that a foreign judgment MUST be filed before it can be enforced.   Joseph found a case out of Arkansas that is tangentially related but not full on point.   Obviously there are lots of arguments but no authority that we can find that is clear and on point to show the title company.  Judgement creditor out of California just filed a copy of the CA judgement with the Auditor.   Title company wants a court order saying the judgement is not enforceable. Obviously a nonstarter because as soon as we notify the judgement holder of the error of their ways, they will domesticate it. Any handy citations?   Thanks and TGIF

Gourley Law Group
Snohomish Escrow
The Exchange Connection
Trustee Services of Washington, Inc
1002 10th St Snohomish, WA 98290
PO Box 1091 Snohomish, WA 98291
360-568-5065   Craig at glgmail.com

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