[WSBARP] Release of Lis Pendens

[Eric Nelsen]

I don't think it's absolutely required, though it would be helpful to re-record the release with indexing references to the recording numbers of the lis pendens and amended lis pendens. But I don't think the omission is fatal and I would hope a title company would figure it out easily without demanding a re-record.

I confess that I hear about "releasing" lis pendens all the time but I'm not sure why it's needed. A lis pendens is just a notice in the deed records that a lawsuit affecting title is in the court. It's actually a valuable thing to have in the record so that people reviewing title can review the court record and see how the final judgment affects title-or if there is no final judgment yet, that there is an ongoing court case that could affect title.

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 Inge Fordham
Sent: Monday, September 18, 2023 10:59 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Release of Lis Pendens

Colleagues,

I have a case in which the claimant (adverse party) recorded a lis pendens and, later, an amended lis pendens against my client's property.  The case has been resolved and it is time to release the lis pendens.  In the recorded release provided by opposing counsel, the case number, legal description of the property, and tax parcel number are listed.  However, the documents being released (i.e., recording numbers of the original lis pendens and amended lis pendens) are not reflected in the document.  Down the road, when my client goes to list the property for sale, will a title company find title clouded due to the failure of the release of lis pendens to specifically reference the recording numbers of the original lis pendens and amended lis pendens?

Thank you in advance,

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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