Washington Mechanics Lien Notice of Furnishing

How to use a Notice of Furnishing in Washington

When it comes time to foreclose on a recorded lien, multiple parties are often fighting for a slice of the pie. Who gets what (or who gets anything at all) must be decided by the ancient rule of priority. Simply put, the rule states that the first in time is the first in right. But how can you ensure your claim is honored following a foreclosure suit? In Washington, claimants protect their interest by recording a notice of furnishing. This document ensures that their portion does not end up subordinate (inferior) to those of other claimants.

Although not explicitly required, every potential lien claimant providing professional services may, at their option, record the notice where no improvement has been commenced, and the professional services provided are not visible from an inspection of the real property. See R.C.W. 60.04.011. The notice must be recorded in the real property records of the county where the property is located. Id. The notice must contain the professional service provider's name, address, telephone number, a legal description of the property, the owner or reputed owner's name, and the general nature of the professional services provided. Id.

If the notice is not recorded, the lien claim will be subordinate to the interest of any later mortgagee and will be invalid as to the interest of any later purchaser if the mortgagee or purchaser acts in good faith and pays valuable consideration to acquire an interest in the property prior to the commencement of an improvement. See Id. So, if you don't stake your claim and a later buyer takes possession of the property without knowing about your lien claim, he or she takes title, free of the lien. This defeats one of the essential purposes of a lien, which is transferability to any subsequent purchaser (which makes it harder to sell or refinance property bound by a lien).

This article is provided for informational purposes only and should not be relied upon a substitute for the advice of an attorney. If you have any questions about using a notice of furnishing or other issues related to liens, please consult an attorney.