SENATE BILL REPORT

SB 5864

BYSenators Pullen, Talmadge, Newhouse, McCaslin and Madsen

Changing provisions relating to satisfaction of judgments.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 20, 1989; February 24, 1989

Majority Report:  That Substitute Senate Bill No. 5864 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                  February 24, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 24, 1989

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.  Oftentimes title insurers are unable to list such judgments as an encumbrance in a title report.

SUMMARY:

The assignment of a judgment must be filed with the county clerk where it was rendered 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 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.

County clerks are not liable for the failure to have a judgment recorded.

EFFECT OF PROPOSED SUBSTITUTE:

The bill remains the same as introduced except for the following addition:  Assignments made to the Office of Support Enforcement are not required to be acknowledged or filed with the recording officer of the county.

Technical amendments are also made to the bill.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Daniel Hartley, citizen (pro); Jim Tompkins, Washington Land Title Association (pro); Jean Irlbeck, Office of Support Enforcement