FINAL BILL REPORT

SB 6566

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Senate Committee on Judiciary

Senate Committee on Financial Institutions, Housing & Insurance

House Committee on Judiciary

Background: A search for liens on real property most commonly occurs in one of two ways: through a search at a local county auditor's office in the county where the property is situated; or by the searching a court clerk's execution docket, a docket where judgment summaries are entered, as specified by state statute.

RCW 4.56.200 provides for when a judgment becomes a lien on real estate. Under this statute, all state court rendered judgments attach upon entry in the clerk's execution docket. The exception is a judgment rendered in a superior court where there is real estate owned by the judgment debtor which allows a judgment to be rendered, immediately attaching to real estate in that county prior to any entry in the court clerk's execution docket.

A recent State Supreme Court case, Bank of America v. Treiger, held that some court orders are considered a judgment and a lien attaches without a judgment summary. Such judgments may not be discoverable through a court clerk's execution docket.

Summary: It is clarified that the lien of judgments of real estate of the judgment debtor begin, for judgments of the superior court for the county in which the real estate is situated, from the time of the filing by the county clerk upon the execution docket in accordance with RCW 4.64.030.

Votes on Final Passage:

Senate	47	0
House	97	0