Lis Pendens means: Pending lawsuit affecting title to real property. Washington law provides that a Lis Pendens may only be recorded where there is an “action affecting title to real property.” RCW 4.28.320 states in part that: At any time after an action affecting title to real property has been commenced… the plaintiff, the defendant…[others]…
Does a Purchaser at a Foreclosure Sale Take Title subject to Encumbrances recorded after the Borrower Executed the Deed of Trust?
The long-standing rule in Washington is first in time, first in right. This is the basic rule of Washington’s Recording Act at RCW 65.08.070. In addition, when a deed of trust is foreclosed under RCW 61.24, the trustee’s deed conveys all title that the borrower had at the time of executing the deed of trust to the purchaser.
Homeowner associations derive authority to carry out the function of enforcing covenants from the declaration of covenants, conditions, and restrictions and the deeds to the property within a development.