Understanding Lis Pendens in Washington: A Comprehensive Guide

Lis pendens is a crucial legal term that every real estate professional, investor, and homeowner in Washington should understand. This article aims to provide an in-depth examination of lis pendens, especially within the context of Washington state law. The intention is to empower you with knowledge that can help you navigate the complexities of property transactions effectively.

What is Lis Pendens?

The term lis pendens, derived from Latin, translates to "pending lawsuit." It is a notice that alerts potential buyers or encumbrancers that a legal action has been initiated concerning a specific property. The essence of lis pendens is to inform interested parties that there is a dispute regarding ownership or rights to the property in question.

The Legal Framework of Lis Pendens in Washington

In Washington State, a lis pendens must be officially recorded with the county auditor. This action serves to provide public notice concerning the pending legal action associated with the property. The legal basis for lis pendens in Washington can be found in the Revised Code of Washington (RCW), specifically under RCW 4.28.328.

RCW 4.28.328: Understanding the Statute

RCW 4.28.328 outlines the procedural requirements and guidelines for filing a lis pendens in Washington. Key points from this statute include:

• Submission Requirement: A lis pendens must be written and filed with the county auditor.
• Content Specification: The notice must contain details such as the parties involved, the nature of the action, and sufficient description of the property.
• Duration: Once filed, a lis pendens remains active until the litigation is resolved or the notice is formally withdrawn.

Importance of Lis Pendens in Real Estate Transactions

Understanding the role of lis pendens is vital for anyone involved in real estate. Here are several reasons why lis pendens holds significant importance:

1. Protection of Interests

Lis pendens serves as a protective measure for parties with a legal interest in a property. It deters potential buyers by revealing that the property is embroiled in litigation, thus preventing transactions that could infringe upon the litigating party's rights.

2. Transparency in Real Estate Deals

The transparency offered by a lis pendens filing promotes honest dealings in real estate. By providing clarity about ongoing legal disputes, it informs potential buyers, lenders, and other stakeholders about any risks associated with the property.

3. Legal Documentation

As an official legal document, a lis pendens can be pivotal if disputes arise regarding property ownership. It provides a clear record of the claimant's interest and intentions concerning the property.

How to File a Lis Pendens in Washington

Filing a lis pendens in Washington is a structured process that requires attention to detail. Here’s a step-by-step guide:

Step 1: Draft Your Lis Pendens Notice

Your notice should include the following essential elements:

• Identifying Information: The names of the parties involved in the legal action.
• Case Information: The nature and purpose of the lawsuit.
• Property Description: A thorough description of the property to avoid any ambiguity.

Step 2: File with the County Auditor

Take your completed lis pendens notice to the county auditor’s office where the property is located. Be prepared to pay any associated recording fees.

Step 3: Serve Notice to Involved Parties

After filing, it’s your responsibility to serve notice to all named parties in the lawsuit regarding the lis pendens.

Consequences of Filing a Lis Pendens

Filing a lis pendens can have wide-ranging effects:

1. Impact on Property Sale

A property under a lis pendens cannot be sold without addressing the underlying lawsuit. This means potential buyers may be dissuaded from pursuing the property, impacting sale timelines and pricing.

2. Clarity on Property Ownership

It solidifies the rights of the litigating party, ensuring that any transactions concerning the property are made with awareness of existing claims. It can influence negotiation strategies in property dealings.

Defending Against a Lis Pendens

If you find yourself on the receiving end of a lis pendens, it is essential to know that there are recourse options available:

1. Motion to Dismiss

You can file a motion in court to dismiss the lis pendens if you believe it is unjustified or incorrectly filed. This asserts your intention to remove the legal cloud over the property.

2. Seeking a Bond

In some cases, offering a bond can help alleviate the property’s restrictions while the dispute is being resolved in court.

Conclusion: Navigating Lis Pendens in Washington

The concept of lis pendens in Washington is not merely a legal formality; it is a substantial aspect of property law that influences real estate transactions and ownership rights. Grasping its intricacies can help you strategically navigate the complexities that come with property ownership and litigation.

If you need personalized guidance or have specific questions regarding lis pendens in Washington, consider reaching out to a qualified real estate attorney. At McFerran Law, we specialize in real estate law and can provide you with the clarity and legal support you need to make informed decisions.