Washington · TitleWashington lis pendens: filing, the 60-day service rule, cancellation and damages

Once an action affecting title to real property has begun – or a writ of attachment has issued or a receiver has been appointed for the property – the plaintiff, the defendant or the receiver may file a notice of the pending action with the auditor of each county where the property lies, giving the parties, the object of the action and a description of the property. Only from that filing is the suit constructive notice to buyers and lenders, and anyone whose deed or mortgage is executed or recorded later is bound by the later proceedings as if a party. The notice is of no avail unless the summons is first published, or personally served on a defendant, within 60 days after the filing. After the action is settled, discontinued or abated, the court can order the notice cancelled of record on an aggrieved person's application, and the cancellation is shown by recording the order (RCW 4.28.320). A claimant who files a lis pendens in an action that doesn't affect title to the property is liable to an aggrieved party who wins a motion to cancel it for actual damages and reasonable attorneys' fees (RCW 4.28.328).