Legal Question in Real Estate Law in Washington

Can a Lis Pendens - Default Judgement Result in Priority Lien?

Question. I have filed a lawsuit in superior court and recorded a Lis Pendens against a 28 lot plat due to default of a commercial partnership agreement. I'm curious, in the event the Defendant fails to answer the complaint and we seek an order of default judgment, is it likely the court would give me super priority lien? There is a 1st deed of trust from a private lender for $450k which is a construction loan for infrastructure. I'm wanting to know if my $800k claim can take lien priority. Also, in the event that lender has to foreclose on the defendant, can my action be foreclosed too? Any insight would be appreciated. Thanks!


Asked on 6/23/08, 9:11 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

Re: Can a Lis Pendens - Default Judgement Result in Priority Lien?

If you obtain a judgment, you can foreclose to collect, but your priority order will not change. First in time to record is the first in line to get paid. Assuming there is a first and a second on the property, and then you record your default judgment, then upon sale (whether voluntarily or through foreclosure proceedings), the first gets paid, then the second, then you. Anything remaining goes to the owner. Hence, no, your lien cannot take priority over previously recorded liens.

If the first mortgage holder forecloses, and the sale goes through, then you will be paid in the same way I explained above. I hope this helps.

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Answered on 6/24/08, 4:44 am


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