Lien Claim Rejected as Untimely
This case involves the interplay between two fairly clear rules -- that a lien foreclosure action must be filed within 8 months of recording the lien (RCW 60.04.141) and that if a prior foreclosure suit is already pending, a subsequent lien claimant can't file a new suit but instead must apply to join in the existing case (RCW 60.04.171).
The window supplier in this case recorded its lien on October 30, 2003 and obtained an order allowing it to intervene in a prior pending case about 7 months later. So far so good. But for reasons unexplained in the opinion, the claimant did not actually file its answer and cross claim until much later (November 2004), after the expiration of the 8 month period.
Invoking all sorts of well-established rules, Division 1 took no mercy and dismissed the lien. It was true that the claimant had timely obtained permission to intervene. But no pleading in fact was filed until the 8 month period had lapsed. The Court stressed that each and every claimant must separately meet the 8 month test, and rejected the window supplier's attempt to rely on the prior suit as evidence of compliance.
Copy of opinion also available here Download file