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

[Kary Krismer]

I suspect the problem you might run up against is the title company not 
accepting the fact that the property was homestead property the entire 
post-judgment time, and not be willing to insure around it.  I'm not 
familiar with probate processes, but there may be a way to get the 
probate court to determine which are liens, and the title company would 
likely respect that determination if the judgment creditors were given 
proper notice.

Kary L. Krismer
206 723-2148

On 9/28/2022 12:39 PM, Chandra Lewnau wrote:
>
>
> 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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