§ 70.06 ENFORCING CLAIMS AGAINST THE HOMESTEAD

• Jurisdiction: Washington

§ 70.06 ENFORCING CLAIMS AGAINST THE HOMESTEAD

Liens may be executed against property value in excess of the value of the homestead exemption. Following execution, the homestead may be protected.

[1] Liens Against Excess Value

Prior to 1984, a judgment lien did not attach to the excess value in homestead property until execution. Mahalko v. Arctic Trading Co., 99 Wn.2d 30, 659 P.2d 502 (1983), overruled by Felton v. Citizens Federal Sav. & Loan Ass'n, 101 Wn.2d 416, 679 P.2d 928 (1984), and superseded by statute as noted in Wilson Sporting Goods Co. v. Pedersen, 76 Wn. App. 300, 886 P.2d 203 (1994). To cure this problem, the legislature amended Title 6 RCW in 1984 to create a mechanism by which the lien of judgment could attach to the judgment debtor's homestead real property upon recording of the judgment with the county auditor of the county in which the homestead is located. Once so recorded, the judgment lien attaches to the property itself and is senior to subsequent liens, including consensual liens such as a deed of trust. Wilson Sporting Goods, 76 Wn. App. 300.

A judgment lien from a court in another county need not be abstracted to the county in which the property is located; recording with the auditor where the judgment was obtained is sufficient. In re Deal, 85 Wn. App. 580, 933 P.2d 1084 (1997). Once recorded, the lien attaches to the net value in excess of the exemption. Net value is defined as "market value less all liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon." RCW 6.13.010(3).

[2] Mechanics of Execution on Excess Amount

The mechanism for execution against the value above the homestead amount is provided in RCW 6.13.100-.200, as follows:

1. The creditor must file a verified petition with the clerk of the superior court asking that the court appoint a qualified appraiser to evaluate the homestead. The petition must list the name of the homestead owner and state that an execution has been levied against the homestead and that the value of the homestead exceeds the exemption. RCW 6.13.100-.110.

Note: In Costanzo v. Harris, 71 Wn.2d 254, 427 P.2d 963 (1967), the Supreme Court held that an appraiser may be appointed to determine the value of property that has been made the subject of a homestead filing pursuant to former RCW 6.12.140 (now RCW 6.13.100) only when an attempt is being made to levy against surplus equity over and above the homestead exemption. This

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