[WSBARP] Lis Pendens on appeal

[Eric Nelsen]

I don’t think an appeal is an independent basis for a lis pendens; it’s the nature of the underlying action that determines if a lis pendens is permissible. See RCW 4.28.320 et seq.<https://app.leg.wa.gov/RCW/default.aspx?cite=4.28&full=true#4.28.320> I think the only permitted bases for a lis pendens are “...after an action affecting title to real property has been commenced, or after a writ of attachment with respect to real property has been issued in an action, or after a receiver has been appointed with respect to any real property....”

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Joseph McIntosh
Sent: Monday, August 21, 2023 9:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Lis Pendens on appeal

Is there a statute or rule that authorizes a lis pendens on appeal?  Do you need leave of court via the supersedeas procedures to tie-up the property?  Thanks for any input.


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