reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.70 - Limitations on Nonconsensual Common Law Liens. › 60.70.030 - No duty to accept filing of common law lien—Filing of a notice of invalid lien.

RCW 60.70.030
No duty to accept filing of common law lien—Filing of a notice of invalid lien.
(1) No person has a duty to accept for filing or recording any claim of lien unless the lien is authorized by statute or imposed by a court having jurisdiction over property affected by the lien, nor does any person have a duty to reject for filing or recording any claim of lien, except as provided in subsection (2) of this section.
(2) No person shall be obligated to accept for filing any claim of lien against a federal, state, or local official or employee based on the performance or nonperformance of that official's or employee's duties unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of such lien.
(3) If a claim of lien as described in subsection (2) of this section has been accepted for filing, the recording officer shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney representing the federal agency of which the individual is an official or employee; the assistant attorney general representing the state agency, board, commission, department, or institution of higher education of which the individual is an official or employee; or the attorney representing the school district, political subdivision, or unit of local government of this state of which the individual is an official or employee. A copy of the notice of invalid lien shall be mailed by the attorney to the person who filed the claim of lien at his or her last known address. No recording officer or county shall be liable for the acceptance for filing of a claim of lien as described in subsection (2) of this section, nor for the acceptance for filing of a notice of invalid lien pursuant to this subsection.
[ 1995 c 19 § 4; 1986 c 181 § 3.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.70 - Limitations on Nonconsensual Common Law Liens. › 60.70.040 - No duty to disclose record of common law lien.

RCW 60.70.040
No duty to disclose record of common law lien.
No person has a duty to disclose an instrument of record or file that attempts to give notice of a common law lien. This section does not relieve any person of any duty which otherwise may exist to disclose a claim of lien authorized by statute or imposed by order of a court having jurisdiction over property affected by the lien.
[ 1986 c 181 § 4.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.70 - Limitations on Nonconsensual Common Law Liens. › 60.70.050 - Immunity from liability for failure to accept filing or disclose common law lien.

RCW 60.70.050
Immunity from liability for failure to accept filing or disclose common law lien.
A person is not liable for damages arising from a refusal to record or file or a failure to disclose any claim of a common law lien of record.
[ 1986 c 181 § 5.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.70 - Limitations on Nonconsensual Common Law Liens. › 60.70.060 - Petition for order directing common law lien claimant to appear before court—Service of process—Filing fee—Costs and attorneys' fees.

RCW 60.70.060
Petition for order directing common law lien claimant to appear before court—Service of process—Filing fee—Costs and attorneys' fees.
(1) Any person whose real or personal property is subject to a recorded claim of common law lien who believes the claim of lien is invalid, may petition the superior court of the county in which the claim of lien has been recorded for an order, which may be granted ex parte, directing the lien claimant to appear before the court at a time no earlier than six nor later than twenty-one days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be stricken and other relief provided for by this section should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or his or her attorney setting forth a concise statement of the facts upon which the motion is based. The order shall be served upon the lien claimant by personal service, or, where the court determines that service by mail is likely to give actual notice, the court may order that service be made by any person over eighteen years of age, who is competent to be a witness, other than a party, by mailing copies of the petition and order to the lien claimant at his or her last known address or any other address determined by the court to be appropriate. Two copies shall be mailed, postage prepaid, one by ordinary first-class mail and the other by a form of mail requiring a signed receipt showing when and to whom it was delivered. The envelopes must bear the return address of the sender.
(2) The order shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be stricken and released and that the lien claimant shall be ordered to pay the costs incurred by the petitioner, including reasonable attorneys' fees.
(3) The clerk of the court shall assign a cause number to the petition and obtain from the petitioner a filing fee pursuant to RCW 36.18.012.
(4) If, following a hearing on the matter, the court determines that the claim of lien is invalid, the court shall issue an order striking and releasing the claim of lien and awarding costs and reasonable attorneys' fees to the petitioner to be paid by the lien claimant. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorneys' fees to the lien claimant to be paid by the petitioner.
[ 2006 c 192 § 4; 1995 c 19 § 2.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.70 - Limitations on Nonconsensual Common Law Liens. › 60.70.070 - Claim of lien against a federal, state, or local official or employee—Performance of duties—Validity.

RCW 60.70.070
Claim of lien against a federal, state, or local official or employee—Performance of duties—Validity.
Any claim of lien against a federal, state, or local official or employee based on the performance or nonperformance of that official's or employee's duties shall be invalid unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of such lien or unless a specific statute authorizes the filing of such lien.
[ 1995 c 19 § 3.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.72 - Landlord's Lien for Rent. › 60.72.010 - Liens created—Priority—Extent—Exceptions.

RCW 60.72.010
Liens created—Priority—Extent—Exceptions.
Any person to whom rent may be due, his or her executors, administrators, or assigns, shall have a lien for such rent upon personal property which has been used or kept on the rented premises by the tenant, except property of third persons delivered to or left with the tenant for storage, repair, manufacture, or sale, or under conditional bills of sale duly filed, and such property as is exempt from execution by law. Such liens for rent shall be paramount to, and have preference over, all other liens except liens for taxes, general and special liens of labor, and liens of mortgages duly recorded prior to the tenancy. Such liens shall not be for more than two months' rent due, except that a lien for up to four months' rent due may be established when the tenant is renting a mobile home lot in a mobile home park as defined in RCW 59.20.030. No lien may be enforced for any rent or any installment thereof which has been due for more than two months at the time of the commencement of an action to foreclose such liens, except that a lien may be enforced for rent due for up to four months at the time of the commencement of an action to foreclose the lien when the tenant is renting a mobile home lot in a mobile home park as defined in RCW 59.20.030. No writing or recording shall be necessary to create such lien; and if such property be removed from the rented premises and not returned to the owner, agent, executor, administrator, or assign, the lien shall continue and be a superior lien on the property so removed for ten days from the date of its removal, and the lien may be enforced against the property wherever found. In the event the property contained in the rented premises be destroyed by fire or other elements, the lien shall extend to any money that may be received by the tenant as indemnity for the destruction of the property, nor shall the lien be lost by the sale of the property, except merchandise sold in the usual course of trade or to purchasers without notice of the tenancy. The provisions of this chapter shall not apply to, nor shall it be enforced against, the property of tenants in dwelling houses or apartments or any other place that is used exclusively as a home or residence of the tenant and his or her family.
[ 1990 c 169 § 3; 1927 c 108 § 1; 1917 c 165 § 1; RRS § 1203-1. Formerly RCW 60.72.010, 60.72.020, 60.72.030.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.72 - Landlord's Lien for Rent. › 60.72.040 - Foreclosure of lien.

RCW 60.72.040
Foreclosure of lien.
Said lien may be foreclosed as provided in chapter 60.10 RCW.
[ 1995 c 62 § 12; 1969 c 82 § 15; 1917 c 165 § 2; RRS § 1203-2.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.76 - Lien of Employees for Contributions to Benefit Plans. › 60.76.010 - Lien authorized.

RCW 60.76.010
Lien authorized.
Every employer who is required to pay contributions, by agreement or otherwise, into a fund of any employee benefit plan in order that his or her employee may participate therein, shall pay such contributions in the required amounts and at the stipulated time or each employee affected thereby shall have a lien on the earnings and on all property used in the operation of said employer's business to the extent of the moneys, plus any penalties, due to be paid by or on his or her behalf in order to qualify him or her for participation therein, and for any moneys expended or obligations incurred for medical, hospital, or other expenses to which he or she would have been entitled had such required contributions been paid.
[ 2012 c 117 § 158; 1961 c 86 § 1.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.76 - Lien of Employees for Contributions to Benefit Plans. › 60.76.020 - Notice of lien—Contents—Filing and serving.

RCW 60.76.020
Notice of lien—Contents—Filing and serving.
The lien claimant, or his or her representative on his or her behalf, or the trustee of the fund on the claimant's behalf, within sixty days after such payment becomes due shall file for record with the auditor of the county wherein the claimant is or was employed by such employer a notice of claim, containing a statement of the demand, the name of the employer, and the name of the person employing the claimant, if known, with a statement of the pertinent terms and conditions of the employee benefit plan and the time when such contributions are due and were to have been paid, and shall serve or mail a copy thereof to said employer within such time.
[ 2012 c 117 § 159; 1961 c 86 § 2.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.76 - Lien of Employees for Contributions to Benefit Plans. › 60.76.030 - Manner of serving notice.

RCW 60.76.030
Manner of serving notice.
Service of the notice of claim may be made in the same manner as summons in civil actions.
[ 1961 c 86 § 3.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.76 - Lien of Employees for Contributions to Benefit Plans. › 60.76.040 - Manner of enforcing lien—Costs.

RCW 60.76.040
Manner of enforcing lien—Costs.
The lien may be enforced within the same time and in the same manner as mechanics' liens are foreclosed when said lien is upon real property, or within the same time and in the same manner as chattel liens are enforced when the lien is upon personal property. The court may allow, as part of the costs of the action, the moneys paid for filing or recording the claim, a reasonable attorney's fee in the superior court, court of appeals, and supreme court, and court costs.
[ 1971 c 81 § 130; 1961 c 86 § 4.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.76 - Lien of Employees for Contributions to Benefit Plans. › 60.76.050 - Priority of lien.

RCW 60.76.050
Priority of lien.
The lien created herein shall be preferred to any encumbrance which may attach after the contribution payments became due and is also preferred to any encumbrance which may have attached previous to that time, but which was not filed or recorded so as to create constructive notice thereof prior to that time, and of which the lien claimant had no notice.
[ 1961 c 86 § 5.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.80 - Lien for Unrecorded Utility Charges. › 60.80.005 - Definitions.

RCW 60.80.005
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) Except as otherwise provided in this subsection (1), "charges" include: (a) All lawful charges assessed by a utility operated under chapter 35.21, 35.67, 36.36, 36.89, 36.94, or 57.08 RCW, but not evidenced by a recorded lien, recorded covenant, recorded agreement, or special assessment roll filed with the city or county treasurer or assessor, and not billed and collected with property taxes; and (b) penalties and interest, and reasonable attorneys' fees and other costs of foreclosure if foreclosure proceedings have been commenced.
(2) "Closing agent" means an escrow agent as defined in *RCW 18.44.011(6) or a person exempt from licensing requirements under RCW 18.44.021, handling the escrow on the sale of the real property.
(3) "Real estate agent" means a real estate broker, real estate salesperson, associate real estate broker, or person as defined in **RCW 18.85.010 (1) through (4).
(4) "Business day" means a day the offices of the county or counties in which the utility in question provides service are open for business.
[ 2004 c 215 § 7; 1996 c 43 § 1.]
NOTES:
Reviser's note: *(1) RCW 18.44.011 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (6) to subsection (7). RCW 18.44.011 was subsequently amended by 2011 1st sp.s. c 21 § 45, changing subsection (7) to subsection (8).
**(2) RCW 18.85.010 was recodified as RCW 18.85.011 pursuant to 2008 c 23 § 49; and RCW 18.85.010 was also amended by 2008 c 23 § 1, changing and/or removing the definitions in subsections (1) through (4), effective July 1, 2010.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.80 - Lien for Unrecorded Utility Charges. › 60.80.010 - Seller of real property responsible for satisfying lien—Closing agent's duties and liabilities—Fee.

RCW 60.80.010
Seller of real property responsible for satisfying lien—Closing agent's duties and liabilities—Fee.
(1) Unless otherwise stated and acknowledged in writing by the purchaser, the seller of a fee interest in real property is responsible for satisfying, upon closing, any lien provided for by RCW 35.21.290, 35.67.200, 36.36.045, * 36.89.090, or 36.94.150.
(2) No closing agent may refuse a written request by the seller or purchaser of a fee interest in real property to administer the disbursement of closing funds necessary to satisfy unpaid charges as charges are defined in RCW 60.80.005. Except as otherwise provided in this subsection (2), a closing agent who refuses such a written request is liable to the purchaser for unpaid charges for utility services covered by the request. A closing agent is not liable if the closing agent's refusal is based on the seller's inaccurate or incomplete identification of utilities providing service to the property, or if a utility fails to provide an estimated or actual final billing, or written extension of the per diem rate, as required by RCW 60.80.020, or if disbursement of closing funds necessary to satisfy the unpaid charges would violate RCW 18.44.400.
(3) A closing agent may charge a fee for performing the services required of the closing agent by this chapter, which fee may be in addition to other fees or settlement charges collected in the course of ordinary settlement practices.
[ 2004 c 215 § 8; 1996 c 43 § 2.]
NOTES:
*Reviser's note: RCW 36.89.090 was recodified as RCW 36.89.065, September 2007.
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.80 - Lien for Unrecorded Utility Charges. › 60.80.900 - Effective date—1996 c 43.

RCW 60.80.900
Effective date—1996 c 43.
This act shall take effect January 1, 1997.
[ 1996 c 43 § 4.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.84 - Lien on Dies, Molds, Forms, and Patterns. › 60.84.005 - Definitions.

RCW 60.84.005
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Customer" means an individual or entity that contracts with, causes, or caused a plastic fabricator to use a die, mold, form, or pattern to manufacture, assemble, or otherwise make a plastic product.
(2) "Plastic fabricator," "fabricator," or "molder" means an individual or entity, including but not limited to a tool or die maker, that contracts to or uses a die, mold, form, or pattern to manufacture, assemble, or otherwise make a plastic product for a customer.
[ 1996 c 235 § 3.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.84 - Lien on Dies, Molds, Forms, and Patterns. › 60.84.010 - Plastic fabricator, molder, and person conducting a plastic fabricating business has a lien—May retain possession—Notice to customer—Foreclosure by notice and sale.

RCW 60.84.010
Plastic fabricator, molder, and person conducting a plastic fabricating business has a lien—May retain possession—Notice to customer—Foreclosure by notice and sale.
(1) A plastic fabricator, molder, and person conducting a plastic fabricating business has a lien, dependent on possession, on a die, mold, form, or pattern belonging to the customer for the amount owing from the customer for plastic fabrication work and for the value of materials used in the work. The fabricator may retain possession of the die, mold, form, or pattern until the charges are paid. This lien does not have priority over any security interest in the die, mold, form, or pattern that is perfected at the time the fabricator acquires the lien.
(2) Before a lien is enforced, the fabricator must cause written notice to be delivered personally or by registered or certified mail to the last known address of the customer. The notice must state that the fabricator will exercise its lien right because of nonpayment. The notice must also state the amount of money owed and demand payment. The fabricator's name, address, and phone number must be included in the notice.
(3) If the fabricator is not paid the total due within sixty days after the notice has been received by the customer, the fabricator may foreclose the lien by notice and sale as provided in this section, if the die, mold, form, or pattern is in the fabricator's possession. The fabricator must send notice of intended sale, by registered or certified mail with return receipt requested, to the last known address of the customer. The notice must include: A description of the die, mold, form, or pattern to be sold; a statement of intent to sell the die, mold, form, or pattern at public sale; the date, time, and place of the sale; and an itemized statement of moneys owing.
If there is no return receipt or if the postal service returns the notice as undeliverable, the fabricator shall publish notice of intention to sell the die, mold, form, or pattern at public sale in a newspaper of general circulation in the county where the die, mold, form, or pattern is physically located. The publication must include: A description of the die, mold, form, or pattern; the name, address, and phone number of the customer; the name, address, and phone number of the fabricator; and the date, time, and place of the sale.
The fabricator is entitled to the amount owing plus the costs of holding, preparing for sale, and selling the die, mold, form, or pattern. The fabricator is also entitled to reasonable attorneys' fees incurred.
(4) If the sale proceeds exceed the amount owing, the excess must be paid to subsequent lienholders. Any remainder must be remitted to the customer.
(5) A public sale may not be held under this section if it is in violation of a right of a customer under federal patent or copyright law.
[ 1996 c 235 § 4.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.90 - Washington Wage Recovery Act. › 60.90.010 - Definitions.

RCW 60.90.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Account" has the same meaning as defined in RCW 62A.9A-102.
(2) "Chattel paper" has the same meaning as defined in RCW 62A.9A-102.
(3) "Department" means the department of labor and industries.
(4) "Director" means the director of labor and industries.
(5) "Employ" includes permit to work.
(6) "Employee" includes any individual currently or formerly employed by an employer.
(7) "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.
(8) "Goods" has the same meaning as defined in RCW 62A.9A-102.
(9) "Highly compensated employee" means any employee who was a five percent owner of the business at which he or she is employed during the current year or preceding year, or who received compensation from the employer in the preceding year in excess of the indexed compensation pursuant to 26 U.S.C. Sec. 414(q).
(10) "Instrument" has the same meaning as defined in RCW 62A.9A-102.
(11) "Maintain" includes to maintain, clean, manage, improve, protect, repair, monitor, or restore real property at the instance of the owner or tenant or of any person acting by the owner's or tenant's authority.
(12) "Payment intangibles" has the same meaning as defined in RCW 62A.9A-102.
(13) "Signature" includes an electronic signature.
(14) "Wage claim" means a claim for any unpaid wages owed to the claimant as an employee of an employer, as well as any other compensation, interest, statutory damages, liquidated damages, attorneys' fees and costs, or statutory penalties that may be owed for violation of a local, state, or federal wage law, including but not limited to chapters 39.12, 49.12, 49.46, 49.48, and 49.52 RCW, and the fair labor standards act, 29 U.S.C. Sec. 201 et seq. A wage claim does not include vacation or severance pay, contributions to an employee benefit plan, or paid leave except paid leave that is statutorily mandated.
[ 2021 c 102 § 2.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.90 - Washington Wage Recovery Act. › 60.90.020 - Wage liens—Effect on ownership or title in certain property.

RCW 60.90.020
Wage liens—Effect on ownership or title in certain property.
(1)(a) An employee, except a highly compensated employee, who complies with RCW 60.90.030 has a wage lien for wage claims on:
(i) Any real property in the state of Washington that is owned or subsequently acquired by the employee's employer;
(ii) Goods and tangible chattel paper in the state of Washington that are owned or are subsequently acquired by the employee's employer;
(iii) Accounts and payment intangibles that are owned or subsequently acquired by the employee's employer; and
(iv) Any real property in the state of Washington that the wage claimant has maintained, for all wage claims for maintenance of that property.
(b) A person does not have a wage lien under this chapter for any wage claim that is or would be subject to a lien by that person under chapter 60.04 RCW.
(c) A wage lien is effective against the estate of the employer.
(2) This chapter does not affect the ownership or title in personal or real property of the state or other public entity or public ownership, nor does any lien attach to the fee simple title of the state or other public ownership.
[ 2021 c 102 § 3.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.90 - Washington Wage Recovery Act. › 60.90.040 - Financial statement filings.

RCW 60.90.040
Financial statement filings.
The department of licensing shall file and index the financial statement filings under RCW 60.90.030(2) in the same systems as those filings made under RCW 62A.9A-519.
[ 2021 c 102 § 5.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.90 - Washington Wage Recovery Act. › 60.90.050 - Assignability.

RCW 60.90.050
Assignability.
Any wage lien or right of wage lien created by this chapter and the right of action to recover the wage lien is assignable so as to vest in the assignee all rights and remedies of the assignor, subject to all defenses thereto that might be made.
[ 2021 c 102 § 6.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.90 - Washington Wage Recovery Act. › 60.90.060 - Recording—Notice.

RCW 60.90.060
Recording—Notice.
(1) After a wage claim for which a wage lien has been recorded as to real property has been commenced in any court, but no later than eight months after the recording of the wage lien, the wage claimant or the claimant's assignee must file with the auditor of each county in which the property is situated a notice of the pendency of the wage claim, containing:
(a) The names of the parties and assignees, if any;
(b) The object of the action;
(c) The abbreviated legal description and assessor parcel number of the real property located within that county; and
(d) The name of the court where the action was filed and the cause number for the action.
(2) The county auditor must index the notice in a manner similar to the auditor practice for indexing a notice of lis pendens filed under RCW 4.28.320 or 4.28.325.
(3) The filing of the notice under subsection (1) of this section is constructive notice to every subsequent purchaser or encumbrancer, and such purchaser or encumbrancer is bound by all proceedings taken after the filing of the notice to the same extent as if he or she were a party to the action.
(4) The court in which the action was commenced may, at its discretion, at any time after the action is settled, discontinued, or abated, with notice and on a showing of good cause, order the notice canceled, and such cancellation shall be evidenced by the recording of the court order with the county auditor.
(5) If a wage claim is filed with an administrative agency of a local government, that agency must file a notice under the provisions of this section, using a substantially similar form.
(6) If a wage claim is filed with the department, the department must file a notice under the provisions of this section, using a substantially similar form.
[ 2021 c 102 § 7.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.90 - Washington Wage Recovery Act. › 60.90.080 - Lien foreclosure—Enforcement—Joinder—Consolidation of actions.

RCW 60.90.080
Lien foreclosure—Enforcement—Joinder—Consolidation of actions.
(1) A lien under this chapter may be foreclosed and enforced as provided under RCW 60.90.070. The court shall have the power to order the sale of the property. In any action brought to foreclose a lien, the owner shall be joined as a party. The interest in the property of any person who, prior to the commencement of the action, has a recorded interest in the property, or any part thereof, shall not be foreclosed or affected unless they are joined as a party.
(2) A person shall not begin an action to foreclose a lien upon any property while a prior action begun to foreclose another lien on the same property is pending, but if not made a party plaintiff or defendant to the prior action, he or she may apply to the court to be joined as a party thereto, and his or her lien may be foreclosed in the same action. The filing of such application shall toll the running of the period of limitation until disposition of the application or other time set by the court.
(3) The court shall grant the application for joinder unless to do so would create an undue delay or cause hardship which cannot be cured by the imposition of costs or other conditions as the court deems just.
(4) If a lien foreclosure action is filed during the pendency of another such action, the court may, on its own motion or the motion of any party, consolidate actions upon such terms and conditions as the court deems just, unless to do so would create an undue delay or cause hardship which cannot be cured by the imposition of costs or other conditions. If consolidation of actions is not permissible under this chapter, the lien foreclosure action filed during the pendency of another such action shall not be dismissed if the filing was the result of mistake, inadvertence, surprise, excusable neglect, or irregularity. An action to foreclose a lien shall not be dismissed at the instance of a plaintiff therein to the prejudice of another party to the suit who claims a lien.
[ 2021 c 102 § 9.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.90 - Washington Wage Recovery Act. › 60.90.110 - Waiver.

RCW 60.90.110
Waiver.
A contract between an employer and employee may not waive or require an employee to waive the right to a wage lien under this chapter. A provision of a contract made in violation of this section is void as against the public policy of this state.
[ 2021 c 102 § 12.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.90 - Washington Wage Recovery Act. › 60.90.120 - Notice to spouse, domestic partner.

RCW 60.90.120
Notice to spouse, domestic partner.
The claim of wage lien, when filed as required by this chapter, constitutes notice to the spouse or the domestic partner of the person who appears on record to be the owner of the property sought to be charged with the wage lien, and subjects all the community interest of both spouses or both domestic partners to the wage lien.
[ 2021 c 102 § 13.]
2023 Revised Code of Washington › Title 60 - Liens › Chapter 60.90 - Washington Wage Recovery Act. › 60.90.130 - Frivolous claims and claims without reasonable cause or clearly excessive—Order directing lien claimant to appear.

RCW 60.90.130
Frivolous claims and claims without reasonable cause or clearly excessive—Order directing lien claimant to appear.
(1) Any owner of real or personal property subject to a recorded claim of lien under this chapter, or lender or another lien claimant who believes the claim of lien to be frivolous and made without reasonable cause or clearly excessive, may apply by motion to the appropriate court, as specified under RCW 60.90.070, for the county where the property or some part thereof is located, for an order directing the lien claimant to appear before the court at a time no earlier than six nor later than 15 days following the date of service of the application and order on the lien claimant, and show cause, if any he or she has, why the relief requested should not be granted. The motion shall state the grounds upon which relief is asked and shall be supported by the affidavit of the applicant or his or her attorney setting forth a concise statement of the facts upon which the motion is based.
(2) The order shall clearly state that if the lien claimant fails to appear at the time and place noted the lien shall be released, with prejudice, and that the lien claimant shall be ordered to pay the costs requested by the applicant including reasonable attorneys' fees.
(3) If no action to foreclose the lien claim has been filed, the clerk of the court shall assign a cause number to the application and obtain from the applicant a filing fee pursuant to RCW 36.18.016(18). If an action has been filed to foreclose the lien claim, the application shall be made a part of that action.
(4) If, following a hearing on the matter, the court determines that the lien is frivolous and made without reasonable cause, or clearly excessive, the court shall issue an order releasing the lien if frivolous and made without reasonable cause, or reducing the lien if clearly excessive, and awarding costs and reasonable attorneys' fees to the applicant to be paid by the lien claimant. If the court determines that the lien is not frivolous and was made with reasonable cause, and is not clearly excessive, the court shall issue an order so stating and awarding costs and reasonable attorneys' fees to the lien claimant to be paid by the applicant.
(5) Proceedings under this section shall not affect other rights and remedies available to the parties.
[ 2021 c 102 § 14.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › RCW Dispositions › 61.04 CHATTEL MORTGAGES

Sections
61.04.010 through 61.04.090
[1959 c 263 § 11; 1953 c 214 § 3; 1943 c 284 §§ 1, 2, and 3; 1943 c 76 § 1; 1939 c 121 § 1; 1929 c 156 § 1; 1899 c 98 §§ 1, 2, 3, 4, 5, 6 and 7; Code of 1881 §§ 1986, 1987 and 1988; 1879 p 104 § 1; 1877 p 286 § 1; 1875 p 43 § 1.]
Repealed effective midnight June 30, 1967, by section 10-102 of the Uniform Commercial Code, 1965 ex.s. c 157 (Title 62A RCW).
Comparative Table
61.04.100 Penalty for removing, destroying, or concealing mortgaged property.
Cross-reference section, decodified.
61.04.110 Recording of mortgages.
Cross-reference section, decodified.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › RCW Dispositions › 61.08 FORECLOSURE OF CHATTEL MORTGAGES — NOTICE AND SALE

Sections
61.08.010 through 61.08.120
[Code of 1881 §§ 1989 through 1998; Code of 1879 pp 105 and 106, §§ 4 through 12; 1875 p 47 §§ 18 through 24 and 28.]
Repealed effective midnight June 30, 1967, by section 10-102 of the Uniform Commercial Code, 1965 ex.s. c 157 (Title 62A RCW).
Comparative Table
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › RCW Dispositions › 61.12 FORECLOSURE OF REAL ESTATE MORTGAGES AND PERSONAL PROPERTY LIENS

Sections
61.12.031 Removal of property from mortgaged premises — Penalty.
[1899 c 75 § 2; RRS § 2709, part. Formerly RCW 61.12.030, part.]
Repealed by 2003 c 53 § 421, effective July 1, 2004.
61.12.160 Foreclosure of chattel mortgages.
[Code 1881 §§ 618, 619; 1869 p 147 § 572; RRS §§ 1113 and 1114. Formerly RCW 61.08.100 and 61.08.110.]
Repealed effective midnight June 30, 1967, by section 10-102 of the Uniform Commercial Code, 1965 ex.s. c 157 (Title 62A RCW). Cf. RCW 62A.9-501(1), 62A.9-504(2), 62A.9-506, and 62A.9-507(2).
61.12.162 Judicial foreclosure of personal property liens.
[1995 c 62 § 1; 1969 c 82 § 1.]
Recodified as RCW 60.10.023 pursuant to 1995 c 62 § 18.
61.12.164 Judicial foreclosure of personal property liens — Redemption rights.
Cross-reference section, decodified pursuant to 1995 c 62 § 17.
61.12.165 Judicial foreclosure of personal property liens — Rights and interest of purchaser for value.
Cross-reference section, decodified pursuant to 1995 c 62 § 17.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › RCW Dispositions › 61.16 ASSIGNMENT AND SATISFACTION OF REAL ESTATE AND CHATTEL MORTGAGES

Sections
61.16.040 Certificate of satisfaction — Mortgage, conditional sale contract, or lease of personalty — Fees.
[1959 c 263 § 12; 1953 c 214 § 4; 1943 c 284 § 4; 1937 c 133 § 1; 1889 c 98 § 8; Rem. Supp. 1943 § 3787.]
Repealed effective midnight June 30, 1967, by section 10-102 of the Uniform Commercial Code, 1965 ex.s. c 157 (Title 62A RCW). Cf. RCW 62A.9-404, 62A.9-405, and 62A.9-406.
61.16.050 Chattel mortgages and conditional sales contracts — Failure to satisfy — Order — Penalty.
[1937 c 133 § 2 (adding to 1899 c 98 a new section, § 9); RRS § 3787-1.]
Repealed effective midnight June 30, 1967, by section 10-102 of the Uniform Commercial Code, 1965 ex.s. c 157 (Title 62A RCW). Cf. RCW 62A.9-404 and 62A.9-405.
61.16.060 Chattel mortgages and conditional sales contracts — Agent may satisfy.
[1937 c 133 § 2 (adding to 1899 c 98 a new section, § 10); RRS § 3787-2.]
Repealed by 1995 c 62 § 16.
61.16.070 Chattel mortgages and conditional sales contract — Acknowledgment of satisfaction.
[1937 c 133 § 2 (adding to 1899 c 98 a new section, § 11); RRS § 3787-3.]
Repealed effective midnight June 30, 1967, by section 10-102 of the Uniform Commercial Code, 1965 ex.s. c 157 (Title 62A RCW). Cf. RCW 62A.9-404.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › RCW Dispositions › 61.20 UNIFORM TRUST RECEIPTS ACT

Sections
61.20.010 through 61.20.190
[1957 c 249 §§ 1, 2; 1943 c 71 §§ 1 through 21.]
Repealed effective midnight June 30, 1967, by section 10-102 of the Uniform Commercial Code, 1965 ex.s. c 157 (Title 62A RCW).
Comparative Table
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › RCW Dispositions › 61.24 DEEDS OF TRUST

Sections
61.24.173 Required payment for each property subject to notice of trustee's sale-Residential real property-Exceptions-Deposit into foreclosure fairness account.
[2021 c 151 § 10; 2018 c 306 § 7; 2016 c 196 § 2.]
Repealed by 2021 c 151 § 13, effective June 30, 2023.
61.24.174 Required payment for each property subject to notice of default-Owner-occupied residential real property-Exception-Deposit into foreclosure fairness account.
[2012 c 185 § 8; 2011 1st sp.s. c 24 § 1; 2011 c 58 § 12.]
Repealed by 2016 c 196 § 4, effective July 1, 2016.
Notes:
Savings-2016 c 196 § 4:
"The repeal in section 4 of this act does not affect any existing right acquired or liability or obligation incurred under the section repealed or under any rule or order adopted under that section, nor does it affect any proceeding instituted under that section." [2016 c 196 § 5.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › RCW Dispositions › 61.30 REAL ESTATE CONTRACT FORFEITURES

Sections
61.30.905 Severability-1985 c 237.
[1985 c 237 § 19.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › RCW Dispositions › 61.34 DISTRESSED PROPERTY CONVEYANCES

Sections
61.34.900 Severability-1988 c 33.
[1988 c 33 § 6.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.10 - Mortgage Insurance. › 61.10.010 - Definitions.

RCW 61.10.010
Definitions.
As used in this chapter:
(1) "Institutional third party" means the federal national mortgage association, the federal home loan mortgage corporation, the government national mortgage association, and other substantially similar institutions, whether public or private, provided the institutions establish and adhere to rules applicable to the right of cancellation of mortgage insurance, which are the same or substantially the same as those utilized by the institutions named in this subsection.
(2) "Mortgage insurance" means insurance, including mortgage guarantee insurance, against financial loss by reason of nonpayment of principal, interest, and other sums agreed to be paid in a residential mortgage transaction.
(3) "Residential mortgage transaction" means entering into a loan for personal, family, household, or purchase money purposes that is secured by a deed of trust or mortgage on owner-occupied, one-to-four unit, residential real property located in the state of Washington.
[ 1998 c 255 § 1.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.10 - Mortgage Insurance. › 61.10.040 - Not required when loan is less than eighty percent of value—Compliance with federal requirements.

RCW 61.10.040
Not required when loan is less than eighty percent of value—Compliance with federal requirements.
On or after July 1, 1998, no borrower entering into a residential mortgage transaction in which the principal amount of the loan is less than eighty percent of the fair market value of the property shall be required to obtain mortgage insurance. Fair market value for a purchase money loan is the lesser of the sales price or the appraised value. This section shall not apply to residential mortgage transactions in an amount in excess of the maximum limits established by institutional third parties where the borrower and the lender have agreed in writing to mortgage insurance.
A lender or person servicing a residential mortgage transaction who complies with federal requirements, as now or hereafter enacted, governing the requirement of obtaining mortgage insurance shall be deemed in compliance with this section.
[ 1998 c 255 § 4.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.10 - Mortgage Insurance. › 61.10.901 - Effective date—1998 c 255.

RCW 61.10.901
Effective date—1998 c 255.
This act takes effect July 1, 1998.
[ 1998 c 255 § 6.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.010 - Encumbrances shall be by deed.

RCW 61.12.010
Encumbrances shall be by deed.
See RCW 64.04.010.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.020 - Mortgage—Form—Contents—Effect.

RCW 61.12.020
Mortgage—Form—Contents—Effect.
Mortgages of land may be made in substantially the following form: The mortgagor (here insert name or names) mortgages to (here insert name or names) to secure the payment of (here insert the nature and amount of indebtedness, showing when due, rate of interest, and whether evidenced by note, bond or other instrument or not) the following described real estate (here insert description) situated in the county of . . . . . ., state of Washington.
Dated this . . . . day of . . . . . ., (year) . . . .
Every such mortgage, when otherwise properly executed, shall be deemed and held a good and sufficient conveyance and mortgage to secure the payment of the money therein specified. The parties may insert in such mortgage any lawful agreement or condition.
[ 2016 c 202 § 36; 1929 c 33 § 12; RRS § 10555. Prior: 1888 c 26 § 1; 1886 p 179 § 6.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.030 - Removal of property from mortgaged premises—Penalty.

RCW 61.12.030
Removal of property from mortgaged premises—Penalty.
(1) When any real estate in this state is subject to, or is security for, any mortgage, mortgages, lien or liens, other than general liens arising under personal judgments, it shall be unlawful for any person who is the owner, mortgagor, lessee, or occupant of such real estate to destroy or remove or to cause to be destroyed or removed from the real estate any fixtures, buildings, or permanent improvements including a manufactured home whose title has been eliminated under chapter 65.20 RCW, not including crops growing thereon, without having first obtained from the owners or holders of each and all of such mortgages or other liens his, her, or their written consent for such removal or destruction.
(2) Any person willfully violating this section is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a period not to exceed six months, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.
[ 2003 c 53 § 288; 1989 c 343 § 21; 1899 c 75 § 1; RRS § 2709, part. FORMER PART OF SECTION: 1899 c 75 § 2 now codified as RCW 61.12.031.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—1989 c 343: See RCW 65.20.950.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.040 - Foreclosure—Venue.

RCW 61.12.040
Foreclosure—Venue.
When default is made in the performance of any condition contained in a mortgage, the mortgagee or his or her assigns may proceed in the superior court of the county where the land, or some part thereof, lies, to foreclose the equity of redemption contained in the mortgage.
[ 2012 c 117 § 160; Code 1881 § 609; 1877 p 127 § 614; 1869 p 145 § 563; 1854 p 207 § 408; RRS § 1116.]
NOTES:
Real property, actions concerning to be brought where property is located: RCW 4.12.010.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.050 - When remedy confined to mortgaged property.

RCW 61.12.050
When remedy confined to mortgaged property.
When there is no express agreement in the mortgage nor any separate instrument given for the payment of the sum secured thereby, the remedy of the mortgagee shall be confined to the property mortgaged.
[Code 1881 § 610; 1877 p 127 § 615; 1869 p 146 § 564; 1854 p 207 § 409; RRS § 1117.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.060 - Judgment—Order of sale—Satisfaction—Upset price.

RCW 61.12.060
Judgment—Order of sale—Satisfaction—Upset price.
In rendering judgment of foreclosure, the court shall order the mortgaged premises, or so much thereof as may be necessary, to be sold to satisfy the mortgage and costs of the action. The payment of the mortgage debt, with interest and costs, at any time before sale, shall satisfy the judgment. The court, in ordering the sale, may in its discretion, take judicial notice of economic conditions, and after a proper hearing, fix a minimum or upset price to which the mortgaged premises must be bid or sold before confirmation of the sale.
The court may, upon application for the confirmation of a sale, if it has not theretofore fixed an upset price, conduct a hearing, establish the value of the property, and, as a condition to confirmation, require that the fair value of the property be credited upon the foreclosure judgment. If an upset price has been established, the plaintiff may be required to credit this amount upon the judgment as a condition to confirmation. If the fair value as found by the court, when applied to the mortgage debt, discharges it, no deficiency judgment shall be granted.
[ 1935 c 125 § 1; Code 1881 § 611; 1877 p 127 § 616; 1869 p 146 § 565; 1854 p 207 § 410; RRS § 1118. FORMER PART OF SECTION: 1935 c 125 § 1 1/2 now codified as RCW 61.12.061.]
NOTES:
Confirmation of sale of land: RCW 6.21.110.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.061 - Exception as to mortgages held by the United States.

RCW 61.12.061
Exception as to mortgages held by the United States.
The provisions of *this act shall not apply to any mortgage while such mortgage is held by the United States or by any agency, department, bureau, board or commission thereof as security or pledge of the maker, its successors or assigns.
[1935 c 125 § 1 1/2; RRS § 1118-1. Formerly RCW 61.12.060, part.]
NOTES:
*Reviser's note: "this act" appears in 1935 c 125 § 1 1/2; section 1 of the 1935 act amends Code 1881 § 611; the 1935 act is codified as RCW 61.12.060 and 61.12.061.