[WSBARP] Question about when judgments become liens against thehomestead

[Chandra Lewnau]

So 6.13.090 does NOT create an additional requirement of filing in the
county records for a superior court judgment to create a lien on the
homestead?

On Wed, Sep 28, 2022 at 2:19 PM Josh Grant <jgrant at accima.com> wrote:

> 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*
> [image: 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
>
> THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.
>
> For faster response email chandra at wallgrouplaw.com
>
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