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

[Kary Krismer]

That's an interesting thought (death terminates the homestead). My 
practice area was bankruptcy, and there the status of the date of filing 
bankruptcy was important.  Not sure if probate courts follow similar 
rules, or even if they determine secured and unsecured claims.

But there is the award in lieu of homestead, or whatever it is called 
now.  I would question how that factors in against judgment creditors, 
recorded or otherwise. If the homestead does terminate on death maybe 
something remains in the form of the beneficiary homestead rights.  
Something for the OP to look at.

Kary L. Krismer
206 723-2148

On 9/29/2022 10:00 AM, Mark Anderson wrote:
>
> So, here’s a thought.  PR is trying to sell the _former_ homestead.  
> Now dead, the owner does not use the property as a residence.  The 
> homestead no longer exists.
>
> In my current view (subject to counterarguments), the judgment liens 
> attach to the whole of the property upon the owner’s death, so long as 
> the requirements of RCW 4.56.190-200 have been met.
>
> *Mark B. Anderson
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> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Chandra Lewnau
> *Sent:* 09/28/2022 12:40 PM
> *To:* WSBA Real Property Discussion List <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Question about when judgments become liens against 
> the homestead
>
> 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 
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