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

[Catherine Clark]

That is correct oh Great Sage of Title.

Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC
110 Prefontaine Place South, Ste. 304
Seattle, WA 98104
Phone: (206) 838-2528
Cell: (206) 409-8938
Email: cat at loccc.com<mailto:cat at loccc.com>



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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dwight Bickel
Sent: Friday, October 21, 2022 2:38 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Difficulty proving what we all know to be true.

Recording the foreign judgment without compliance with WA law probably is not actionable "slander of title" without proof of malicious intent, such as knowledge it is not effective but done anyway to stop a sale or force a seller to pay to enable the closing.

But there is a statute that can be used to seek damages for the recording of any document not authorized by statute, without such proof of malicious intent.  Read the "other" language of 4.28.328 that extends its effect beyond a Lis Pendens:

RCW 4.28.328
Lis pendens-Liability of claimants-Damages, costs, attorneys' fees.
(1) For purposes of this section:
(a) "Lis pendens" means a lis pendens filed under RCW 4.28.320 or 4.28.325 or other instrument having the effect of clouding the title to real property, however named, including consensual commercial lien, common law lien, commercial contractual lien, or demand for performance of public office lien, but does not include a lis pendens filed in connection with an action under Title 6, 60, other than chapter 60.70 RCW, or 61 RCW;
(b) "Claimant" means a person who files a lis pendens, but does not include the United States, any agency thereof, or the state of Washington, any agency, political subdivision, or municipal corporation thereof; and
(c) "Aggrieved party" means (i) a person against whom the claimant asserted the cause of action in which the lis pendens was filed, but does not include parties fictitiously named in the pleading; or (ii) a person having an interest or a right to acquire an interest in the real property against which the lis pendens was filed, provided that the claimant had actual or constructive knowledge of such interest or right when the lis pendens was filed.
(2) A claimant in an action not affecting the title to real property against which the lis pendens was filed is liable to an aggrieved party who prevails on a motion to cancel the lis pendens, for actual damages caused by filing the lis pendens, and for reasonable attorneys' fees incurred in canceling the lis pendens.
(3) Unless the claimant establishes a substantial justification for filing the lis pendens, a claimant is liable to an aggrieved party who prevails in defense of the action in which the lis pendens was filed for actual damages caused by filing the lis pendens, and in the court's discretion, reasonable attorneys' fees and costs incurred in defending the action.

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976
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