- December 12, 1991
- All Washington Agents
- Mechanic's Lien Foreclosure
The Washington Court of Appeals has ruled that it is not necessary for a lien claimant to record a lis pendens when foreclosing its lien. John Morgan Construction v. McDowell, 813 P.2d 138 (Wash. App. 1991).
In this case a person purchased property subject to a claim of lien more than eight months after the lien had been recorded. The purchaser thought the lien had expired and was not aware of a pending foreclosure. A lis pendens had not been recorded.
The court held that recordation of the claim of lien was enough. The burden was on the purchaser to discover whether the lien had expired or whether a suit was pending to foreclose. The statutes do not also require a lis pendens.
Please remember that the eight month limitation on the claim of lien is tolled by a foreclosure of any lien within that time, not necessarily by the claim of lien in question. It is also tolled by the bankruptcy of the owner, contractor or lien claimant. Be very careful before disregarding a claim of lien which you believe has expired.
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