[WSBARP] Question about when judgments become liens against thehomestead
Kary Krismer
Krismer at comcast.net
Wed Sep 28 15:59:45 PDT 2022
There is an exception for homestead property, where recording with the
county recorder is required. I don't have the cite handy, but it's been
that way for close to 40 years following a Supreme Court case that held
that the lien would not attach to a homestead until after there had been
an appraisal. The recording was set up as an easier option.
I once had a bankruptcy case where several six figure judgments were not
recorded, including one by an attorney who usually did record but missed
that one somehow. There's also I believe a Court of Appeals case that
found it malpractice not to record where the debtor filed bankruptcy a
few days later. I think that court may have missed the fact that the
recording would have been preferential and/or the lien avoidable.
Kary L. Krismer
206 723-2148
On 9/28/2022 2:14 PM, Josh Grant 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*
> 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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