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“A lis pendens is an instrument having the effect of clouding the title to real property. . .” (See Immelt v. Bonneville, No. 68803-1-I, at *1 (Wash. Ct. App. July 1, 2014).)
“Substantial justification for a lis pendens exists where a claimant has a reasonable basis in fact or law to file it.” (See id.)
“Either party to an action affecting title to real property may record a notice of lis pendens with the county auditor.” (See Guest v. Lange, No. 50138-4-II, at *1 (Wash. Ct. App. May 7, 2019).)
“This recording is constructive notice to third parties that the title may be clouded and provides notice to third parties that they will be bound by the outcome of the action to the same extent as if it were a party to the action.” (See Guest v. Lange, No. 50138-4-II, at *1 (Wash. Ct. App. May 7, 2019).)
"A plaintiff in an action affecting real property may file a lis pendens with the auditor of the county in which the property is situated." (See RCW 4.28.325; Merriman v. Cokeley, No. 37303-3-II, at *7 n.5 (Wash. Ct. App. Sep. 29, 2009).)
“In this context, a lis pendens is a notice of the pendency of the [legal] action, containing the names of the parties, the object of the action and a description of the real property in that county affected thereby." (See id.)
“The lis pendens has no effect on the substantive rights of the parties, but is merely a method of forcing a purchaser or encumbrancer under a subsequent recorded conveyance to either set up that claim in the action or be bound by the judgment therein.” (See Guest v. Lange, No. 50138-4-II, at *1 (Wash. Ct. App. May 7, 2019).)
“A lis pendens is justified only where a claimant has a reasonable, good faith basis in fact or law for believing they have an interest in the property.” (See Bangasser v. Midtown Ltd., No. 75226-0-I, at *1 (Wash. Ct. App. Apr. 24, 2017).)
“A lis pendens is notice of the pendency of an action affecting the title to real property.” (See Foster v. Nehls (1976) 15 Wn. App. 749, 753.)
“In other words, the filing of a lis pendens in an action involving title to real property serves two purposes. First, the recording of the lis pendens serves as notice to prospective purchasers of the property that its title is subject to dispute and, thus, that the record owner's interest in the property is in question.” (See Snohomish Regional Drug Task Force v. Real Property Known as 414 Newberg Road (2009) 151 Wn. App. 743, 752.)
“Second, the filing of a lis pendens serves to freeze the status of the property in time — a party to the action in which the lis pendens is filed may not alter the outcome of the underlying action by transferring the property to another, because the cloud on the title follows the transfer.” (See id.)
“Thus, essentially since statehood, it has been the rule in Washington that once proper notice is given in an action affecting title to real property [i.e., once a lis pendens is filed], persons who subsequently acquire an interest in the property do so subject to the property's ultimate disposition in the pending suit as that suit was filed, and may not assert defenses, based on their status as transferees, that were not available to the property's transferor.” (See Snohomish Regional Drug Task Force v. Real Property Known as 414 Newberg Road (2009)151 Wn. App. 743, 752.)
“RCW 4.28.328(3) provides that, unless the person who files a lis pendens "establishes a substantial justification for filing the lis pendens, the trial court may, in its discretion, award ‘reasonable attorneys' fees and costs incurred in defending the action to the aggrieved party.” (See Merriman v. Cokeley, No. 37303-3-II, at *18 (Wash. Ct. App. Sep. 29, 2009).)
It is well settled that “a lis pendens may be filed [a]t any time after an action affecting title to real property has been commenced.” (See Bangasser v. Midtown Ltd., No. 75226-0-I, at *1 (Wash. Ct. App. Apr. 24, 2017).)
It is also well settled that “a lis pendens is not proper where it is filed in anticipation of recovering a money judgment.” (See id.)
May 17, 2024
Active 05/17/2024
King County
King County, WA
May 17, 2024
Active 05/17/2024
King County
King County, WA
May 14, 2024
Active 05/14/2024
King County
King County, WA
May 10, 2024
Active
Superior
Kitsap County, WA
May 08, 2024
Active 05/08/2024
King County
King County, WA
May 03, 2024
Active
Superior
Skagit County, WA
May 02, 2024
Active 05/02/2024
King County
King County, WA
May 02, 2024
Active 05/02/2024
King County
King County, WA
Apr 29, 2024
Active 04/29/2024
King County
King County, WA
Apr 29, 2024
Active 04/29/2024
King County
King County, WA
Apr 24, 2024
Active 04/24/2024
King County
King County, WA
Apr 23, 2024
Active 04/23/2024
King County
King County, WA
Apr 22, 2024
Active
Superior
Snohomish County, WA
Apr 18, 2024
Active
Superior
Skagit County, WA
Apr 16, 2024
Active 04/16/2024
King County
King County, WA
Apr 15, 2024
Active
Superior
Snohomish County, WA
Apr 15, 2024
Active
Superior
Lewis County, WA
Apr 09, 2024
Active 04/09/2024
King County
King County, WA
Apr 08, 2024
Active 04/08/2024
King County
King County, WA
Apr 08, 2024
Active 04/08/2024
King County
King County, WA
Apr 08, 2024
Active 04/08/2024
King County
King County, WA
Apr 05, 2024
Active
Superior
Snohomish County, WA
Apr 05, 2024
Active 04/05/2024
King County
King County, WA
Apr 03, 2024
Active 04/03/2024
King County
King County, WA
Apr 03, 2024
Active 04/03/2024
King County
King County, WA
Apr 02, 2024
Active
Hon. IC CaseLoad, 99
Spokane County
Spokane County, WA
Mar 27, 2024
Active 03/27/2024
King County
King County, WA
Mar 22, 2024
Active
Snohomish County
Snohomish County, WA
Mar 20, 2024
Active 03/20/2024
King County
King County, WA
Mar 18, 2024
Active
Skagit County
Skagit County, WA
Mar 18, 2024
Active
Skagit County
Skagit County, WA
Mar 18, 2024
Active
Superior
Skagit County, WA
Mar 14, 2024
Active 03/14/2024
King County
King County, WA
Mar 08, 2024
Active
Grant County
Grant County, WA
Mar 05, 2024
Active
Asotin County
Asotin County, WA
Feb 29, 2024
Active
Thurston County
Thurston County, WA
Feb 27, 2024
Active 02/27/2024
King County
King County, WA
Feb 23, 2024
Active
Hon. Egeler, Anne E
Thurston County
Thurston County, WA
Feb 20, 2024
Active
Pacific County
Pacific County, WA
Feb 14, 2024
Active
Pacific County
Pacific County, WA
Feb 01, 2024
Closed
King County
King County, WA
Jan 31, 2024
Active 01/31/2024
King County
King County, WA
Jan 30, 2024
Active
Hon. IC CaseLoad, 92
Spokane County
Spokane County, WA
Jan 26, 2024
Settlement
Hon. TaTeasha Monique Davis
Pierce County
Pierce County, WA
Jan 22, 2024
Dismissal
Hon. TaTeasha Monique Davis
Pierce County
Pierce County, WA
Jan 16, 2024
Active 01/16/2024
King County
King County, WA
Jan 11, 2024
Active 01/11/2024
King County
King County, WA
Jan 02, 2024
Hon. Shelly K Speir-Moss
Pierce County
Pierce County, WA
Dec 29, 2023
Hon. Angelica Williams
Pierce County
Pierce County, WA
Dec 28, 2023
Active
Snohomish County
Snohomish County, WA
Dec 27, 2023
Active
Klickitat County
Klickitat County, WA
Dec 27, 2023
Active
Adams County
Adams County, WA
Dec 27, 2023
Active 12/27/2023
King County
King County, WA
Dec 27, 2023
Active 12/27/2023
King County
King County, WA
Dec 21, 2023
Active
Stevens County
Stevens County, WA
Dec 15, 2023
Active 12/15/2023
King County
King County, WA
Dec 13, 2023
Active 12/13/2023
King County
King County, WA
Dec 05, 2023
Active
Snohomish County
Snohomish County, WA
Dec 05, 2023
Active
Franklin County
Franklin County, WA
Miscellaneous
Nov 28, 2023
Active 11/28/2023
King County
King County, WA
Nov 28, 2023
Active
Snohomish County
Snohomish County, WA
Nov 28, 2023
Active
Snohomish County
Snohomish County, WA
Oct 31, 2023
Active
Walla Walla County
Walla Walla County, WA
Oct 27, 2023
Active
Snohomish County
Snohomish County, WA
Oct 27, 2023
Active
Clark County
Clark County, WA
Oct 25, 2023
Other
Spokane County
Spokane County, WA
Oct 23, 2023
Active 10/23/2023
King County
King County, WA
Oct 23, 2023
Active
Grant County
Grant County, WA
Oct 20, 2023
Active
Thurston County
Thurston County, WA
Oct 20, 2023
Hon. Shelly K Moss
Pierce County
Pierce County, WA
Oct 18, 2023
Active
Skagit County
Skagit County, WA
Oct 16, 2023
Active 10/16/2023
King County
King County, WA
Oct 10, 2023
Active
Snohomish County
Snohomish County, WA
Oct 10, 2023
Active
Snohomish County
Snohomish County, WA
Oct 09, 2023
Active
Okanogan County
Okanogan County, WA
Oct 09, 2023
Active
Jefferson County
Jefferson County, WA
Oct 06, 2023
Active
Island County
Island County, WA
Oct 04, 2023
Dismissal
King County
King County, WA
Oct 03, 2023
Active
Thurston County
Thurston County, WA
Oct 02, 2023
Active
Clark County
Clark County, WA
Sep 26, 2023
Active
Snohomish County
Snohomish County, WA
Sep 22, 2023
Judgment (Other)
Benton County
Benton County, WA
Sep 22, 2023
Dismissal
Pierce County
Pierce County, WA
Sep 21, 2023
Active
Snohomish County
Snohomish County, WA
Sep 20, 2023
Active 09/20/2023
King County
King County, WA
Sep 18, 2023
Active 09/18/2023
King County
King County, WA
Sep 13, 2023
Closed
Thurston County
Thurston County, WA
Sep 13, 2023
Active
Okanogan County
Okanogan County, WA
Sep 12, 2023
Closed
Pacific County
Pacific County, WA
Sep 12, 2023
Completed/Re-Completed
Whitman County
Whitman County, WA
Estate
Miscellaneous
Aug 28, 2023
Active 08/28/2023
King County
King County, WA
Aug 28, 2023
Active
Yakima County
Yakima County, WA
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