[WSBARP] Homestead Property - Unrecorded Judgment

Jeff at bellanddavispllc.com Jeff at bellanddavispllc.com
Fri Aug 4 09:58:16 PDT 2023


Listmates:

 

I am interested in understanding how RCW 6.13.090 works.  Homeowner files
chapter 7 and discharges  a debt from a default judgment that was never
recorded.  Debtor had a home with equity of just over the homestead amount,
but when considering cost of sale, no action by bk trustee against the home,
and the discharge entered and case closed.  Judgment  is still listed on a
pre-sale report.  RCW states in part, a judgment "shall become a lien on the
value of the homestead property in excess of the homestead exemption from
the time the judgment creditor records the judgment with the recording
officer of the county where the property is located."   Does the judgment
creditor have any "lien" against the property post-bankruptcy?

 

Jeff 
  

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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