SENATE BILL REPORT

SB 5450

BYSenators Talmadge, Newhouse, Halsan and Nelson

Revising procedures for enforcing money judgments.

Senate Committee on Judiciary

Senate Hearing Date(s):February 17, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; McCaslin, Nelson, Newhouse.

Senate Staff:Dick Armstrong (786-7460)

                  March 10, 1987

AS PASSED SENATE, MARCH 9, 1987

BACKGROUND:

Existing procedures for the assignment and recording of judgments do not always provide adequate and timely notice to purchasers and title companies under the recording statutes.

There are also inadvertent delays in getting judgments entered in the execution docket and oftentimes title insurers are unable to list such judgments as an encumbrance in a title report.

SUMMARY:

The assignment of a judgment is required to be filed with the county clerk where the judgment was decided and a certified copy is to be recorded with the recording officer of the county.

The certificate, or certified copy, of a satisfaction of judgment issued by the clerk of the court is required to be filed with the recording officer of the county in which the judgment was decided.  The lien of the judgment is discharged upon the recording of the certificate of satisfaction.

The method of commencing a lien of a judgment on real estate is established.  Such a lien is commenced by the recording of a memorandum of the judgment with the recording officer of the county in which the real estate is situated.

The contents of the memorandum of a judgment are set forth.  The memorandum is to be executed and acknowledged by the judgment creditor.

Fiscal Note:      none requested

Senate Committee - Testified: Warren Olsen, Washington Land Title Association