[WSBARP] Title commitment and criminal judgment liens

Wed Oct 14 19:31:23 PDT 2026

Eric,

There are two different routes for "judgments" to be created, one for civil judgments via statutes like RCW 4.64.030 and one for orders of restitution/judgment and sentence (i.e. criminal judgments) that may be enforced like a civil judgment via statutes like RCW 6.17.020(4) and RCW 9.94A.753(9).  The statutes applicable to criminal judgments do not require a judgment summary, except when being extended for an additional 10 years.  I could see how the clerk's office might not enter a restitution order in the execution docket as a result or apply the standard of RCW 4.64.030 for civil judgments and not docket the restitution order.  In turn, I could see how a title company (if it were to search the execution docket) would not find the restitution order.

I also note that RCW 10.64.080 provides:  "Judgments for fines in all criminal actions rendered, are, and may be made liens upon the real estate of the defendant in the same manner, and with like effect as judgments in civil actions."  See also, RCW 4.56.190.

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Timothy E. Steen
Attorney | Anderson Hunter Law Firm
2707 Colby Avenue #1001 | Everett, WA  98201
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dwight Bickel
Sent: Wednesday, October 14, 2026 1:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Title commitment and criminal judgment liens

Actually, such judgments are often Orders, with no Judgment Summary, and in any event those are indexed differently. In my experience, title companies are not consistently searching for such Orders imposing criminal restitution.

Is your client the owner, so the commitment is for a sale? If so, is your client living on the property? If so, the property is homestead and any Judgment is not legally a lien upon the property without recording. If your client is not the owner, and is selling, the Commitment for a purchaser should show that exception and require its payment, or a release of the lien.

If your client is purchasing, the title company often simply doesn't do any judgment search, knowing (1) a policy issued to the new lender does not require exception for judgments against the borrower, because any judgment lien does not attach prior to the new purchase-money deed of trust, (2) a policy issued to the judgment debtor does not protect against the Insured's own debt, and (3) if the property is occupied it is not a lien unless recorded.

Dwight A. Bickel

Real Property Title Advisor

Washington Title Professional

Dwight at dwightbickel.com<mailto:Dwight at dwightbickel.com>

http://dwightbickel.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fdwightbickel.com&c=E,1,NU-zIvdFX9ZtIIrwmo2L9171WXitYUF2fBR5cruxl5TvY3E9AEMCA4rucf30e9np3k4AtEELR4gE9hTDcYrN1iLV5VjJcaAnk9BVNHo3r0EIp4opcvq6VX7AVA,,&typo=1>

206-484-1976

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Eric Nelsen <eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>>
Sent: Wednesday, October 14, 2026 11:46 AM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>) <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Title commitment and criminal judgment liens

I have a client who ordered a preliminary title commitment that doesn't show any judgment liens. But the client does have a criminal restitution judgment that is in the process of being paid off. The title company apparently told the client that "certain criminal judgment liens do not appear in a standard title search."

Huh? Any idea what that would mean? Judgments are judgments, indexed and discoverable in the same way regardless of whether they're civil or criminal-so far as I know, anyway. Can anybody enlighten me?

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>

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