[WSBARP] Question about when judgments become liens against thehomestead

[Roger Hawkes]

I think that all will agree that liens do not ‘prevent a sale’.  Only if a title insurer requires removal is there a hiccup.  A cash buyer who doesn’t know or care about liens can still buy it.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Wednesday, September 28, 2022 2:14 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question about when judgments become liens against thehomestead

Superior Court Judgments create a lien on real estate situated in the county where judgment was entered.  at least for 10 years. No recording of a judgment is required.
District Court Judgments the abstract of which is filed with the Superior Court are valid liens on property in that county (or, I think, any other county where a abstract is filed).
District Court Judgments without a filing of the abstract do not create liens on real property.
If there is a lien, that will prevent a sale regardless of whether a creditor claim was filed. Satisfaction of Judgment lien would fix it.

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Chandra Lewnau
Sent: Wednesday, September 28, 2022 12:39 PM
To: WSBA Real Property Discussion List
Subject: [WSBARP] Question about when judgments become liens against thehomestead



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<http://www.wallgrouplaw.com/>
THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.
For faster response email chandra at wallgrouplaw.com<http://wallgrouplaw.com>
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