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

[Chandra Lewnau]

There are no surviving minor children or a spouse so the award in lieu of
homestead/basic award protections do not apply.

The argument that it is no longer a homestead would make sense but the
creditor claim statutes RCW 11.40.130 states that "if a judgment was
entered against the decedent during the decedent's lifetime, an execution
may not issue on the judgment after the death of the decedent. *The
judgment must be presented in the manner provided in RCW **11.40.070*
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>*, but if the
judgment is a lien on any property of the decedent, the property may be
sold for the satisfaction of the judgment and the officer making the sale
shall account to the personal representative for any surplus."*

FYI, the not completely unexpected response from the title company to my
argument that several of the judgments were not perfected liens and
therefore had to submit timely claims was this:

*Underwriter response*:

“Our stance is that a filed judgment attaches to all assets without the
necessity of being recorded.

Since all the judgments were perfected they are liens until they are paid
or expire by time being ten years.”

On Fri, Sep 30, 2022 at 5:52 AM Kary Krismer <Krismer at comcast.net> wrote:

> 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 *ANDERSON LAW FIRM PLLC
> 821 Dock St  Ste 209  PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.com
>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com
> <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>
> <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  *|*
> http://www.wallgrouplaw.com
>
> THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.
>
> For faster response email chandra at wallgrouplaw.com
>
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