[WSBARP] Question about when judgments become liens against the homestead

[Chandra Lewnau]

I am dealing with my first probate estate where the decedent had
outstanding judgments. The PR is trying to sell the former homestead and
the title company has found 4 judgments they say must be paid before the
sale. The sale price exceeds the homestead exemption for the county and all
the judgments together are less than that excess value. I'm trying to
confirm the PR actually must pay off these debts based on the current
status of the judgments, whether creditor claims are filed or not.



Are all of the following judgments liens against the homestead property? I
am looking at RCW 6.13.090 (not sure if RCW 4.56.200 applies to the
homestead).



One judgment was entered in the superior court of the county where the real
estate is located.  I think RCW 6.13.090 requires this to be filed with the
county recording officer so I don't think it is a lien on the homestead.



One judgment was entered in the District Court of the county where the real
property is located and that judgment was then filed with the county
recording officer of the same county. I think RCW 6.13.090 says this one is
a lien on the homestead.



Two judgments were entered in the District Court of the county where the
real property is located. I think RCW 4.56.200(4) and (5) require them to
be filed in the superior court and RCW 6.13.090 requires them to be filed
with the county, so I don't think a lien has commenced.


As a follow up question, if there is a lien, does the creditor have to file
a creditor claim? I think the answer is no, but RCW 11.40.130 is not
completely clear.

-- 

-- 

*Chandra M. Lewnau*  *|*  Attorney

WALL GROUP LAW

51 W. Dayton St., Suite 305  *|*  Edmonds, WA 98020

*Tel* 425.670.1560  *|*  *Fax* 425.361.1512  *|* http://www.wallgrouplaw.com


THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.

For faster response email chandra at wallgrouplaw.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220928/5b9c7c49/attachment.html>