[WSBARP] Lis Pendens Question

[Catherine Clark]

Thank you oh Great Sage.

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>



NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dwight Bickel
Sent: Tuesday, September 20, 2022 8:32 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Lis Pendens Question

A foreign divorce decree does not have jurisdiction to decree an ownership change for real property in Washington. However, that foreign decree does have jurisdiction of the owners of the property and will effectively obligate their actions regarding selling and proceeds. Therefore, without recording a Lis Pendens in each Washington County where the couple own real property, a purchaser in good faith without knowledge of the foreign divorce decree or any judgment obtained therein would take title free from any right, title or interest determined by that foreign divorce decree or judgment. Therefore my conclusion is that recording a Lis Pendens in each such County is allowed, without sanction or recourse against the person recording it.

However, even if a Lis Pendens is recorded in that County, it remains true that the foreign court has no jurisdiction and ultimately, any effect upon title will need to be accomplished by a recorded abstract of judgment, quitclaim deed, deed of trust in the County where real property is located, or an ancillary proceeding in a Washington Superior Court.

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

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Catherine Clark
Sent: Tuesday, September 20, 2022 8:21 AM
To: wsbarp at LISTS.WSBARPPT.COM<mailto:wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBARP] Lis Pendens Question

All:
Out of state counsel has contacted me with a question regarding an out of state divorce.  The marital assets include real properties here in Washington State.   He'd like to record a lis pendens against them here.
My read of that statute is that a Washington action is not required to record a lis pendens given the broad definition of the term.  My thought is we do a lis pendens explaining the situation and record it here in Washington State.
I think also that the out of state court may "award" properties here in Washington to one spouse or the other, but that such out of state judgment is not sufficient to transfer title here in Washington state.  Rather, I think a quit claim deed from one spouse to the other is the preferred method of conveyance.
Your thoughts appreciated.
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>


NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

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