[WSBARP] Question about when judgments become liens against thehomestead

[Kary Krismer]

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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