Wash. Rev. Code » Title 4 · Chapter 4.28
Revised Code of Washington

Wash. Rev. Code § 4.28.320 (2026)

Lis pendens in actions affecting title to real estate

✓ current as of May 2026
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At any time after an action affecting title to real property has been commenced, or after a writ of attachment with respect to real property has been issued in an action, or after a receiver has been appointed with respect to any real property, the plaintiff, the defendant, or such a receiver may file with the auditor of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the real property in that county affected thereby. From the time of the filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he or she were a party to the action. For the purpose of this section an action shall be deemed to be pending from the time of filing such notice: PROVIDED, HOWEVER, That such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by the personal service thereof on a defendant within sixty days after such filing. And the court in which the said action was commenced may, at its discretion, at any time after the action shall be settled, discontinued or abated, on application of any person aggrieved and on good cause shown and on such notice as shall be directed or approved by the court, order the notice authorized in this section to be canceled of record, in whole or in part, by the county auditor of any county in whose office the same may have been filed or recorded, and such cancellation shall be evidenced by the recording of the court order.
[ 2004 c 165 s 33; 1999 c 233 s 1; 1893 c 127 s 17; RRS s 243.]

Notes:

Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005.
Effective date—1999 c 233: "This act takes effect August 1, 1999." [ 1999 c 233 s 24.]
Notes of Decisions
Cited in 52 cases (10 in the last 5 years), 1976–2026 · leading case: Christopher & Suzanne Guest, V David & Karen Lange, 381 P.3d 130 (Wash. Ct. App. 2016).
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Christopher & Suzanne Guest, V David & Karen Lange, 381 P.3d 130 (Wash. Ct. App. 2016). · cites it 16× “They argued that under RCW 4.28.320, the trial court had discretion to cancel the lis pendens because the action had been “settled, discontinued or abated,” and that all of the Guests’ claims had been dismissed with prejudice.”
Schwab v. City of Seattle, 826 P.2d 1089 (Wash. Ct. App. 1992). · cites it 4× “RCW 4.28.320, our lis pendens statute, states in part: In an action affecting the title to real property the plaintiff, .”
United Sav. & Loan Bank v. Pallis, 107 Wash. App. 398 (Wash. Ct. App. 2001). · cites it 5× “21 *405 The lis pendens statute, RCW 4.28.320, provides in part: In an action affecting the title to real property the plaintiff, at the time of filing the complaint, or at any time afterwards,.”
OneWest Bank, FSB v. Erickson, 367 P.3d 1063 (Wash. 2016). “See RCW 4.28.320 (filing a lis pendens imparts constructive notice to purchasers or encumbrancers).”
Beers v. Ross, 154 P.3d 277 (Wash. Ct. App. 2007). · cites it 2× “*282 ¶ 23 RCW 4.28.320 provides that a court may, at its discretion, cancel the notice of lis pendens "at any time after the action shall be settled, discontinued or abated, on application of any person aggrieved and on good cause shown.”
Dunham v. Tabb, 621 P.2d 179 (Wash. Ct. App. 1980). · cites it 3× “This lis pendens did not conform to the requirements of RCW 4.28.320. Howard Cook redeemed the subject property on September 18, 1979, and on September 20, 1979, he conveyed the property by warranty deed to James and Gayle Dunham, plaintiffs herein.”
Greenpoint Mortg. Funding, Inc. v. Schlossberg, 888 A.2d 297 (Md. 2005). “01-268 (constructive notice commences upon recording and indexing of Notice); Wash. Rev.Code Ann. § 4.28.320 (constructive notice commences from filing of Notice provided publication of Notice or personal service of defendant is effectuated within 60 days from the filing of…”
Anderson & Middleton Lumber Co. v. Quinault Indian Nation, 901 P.2d 1060 (Wash. Ct. App. 1995). “RCW 4.28.320; R.O.I., Inc. v. Anderson, 50 Wn.”
Foster v. Nehls, 551 P.2d 768 (Wash. Ct. App. 1976). “7 RCW 4.28.320. 8 Eastlake Community Council v.”
Cranwell v. Mesec, 890 P.2d 491 (Wash. Ct. App. 1995). “RCW 4.28.320; R.O.I., Inc. v. Anderson, 50 Wn.”
In Re Proceedings of King Cnty. Foreclosure of Liens, 811 P.2d 945 (Wash. 1991). “The filing of a notice of lis pendens is permitted by RCW 4.28.320, which provides that a party to any action that affects real property may file with the auditor of each county in which the property is situated a notice of the pendency of the action, containing the names of the…”
Pay 'N Save Corp. v. Eads, 767 P.2d 592 (Wash. Ct. App. 1989). “Lis pendens is authorized by RCW 4.28.320. The statute permits the plaintiff in an action "affecting the title to real property" to file a notice of the pendency of the action with the auditor of the county in which the property is situated.”
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