This Note will discuss the issues concerning laws regulating lien priority in association foreclosure sales and argue that lenders, because they are in the best position to do so, should implement proactive strategies to protect their interests in association foreclosures. Part I provides an overview of uniform law development and a history of Washington’s governing laws with a focus on recent problems relating to association lien priority. Part II presents analysis of the important court decisions applying the lien priority statute and discussion regarding current and proposed Washington law. Finally, Part III discusses potential solutions lenders should implement to balance the interests of associations and lenders in the aftermath of the foreclosure sale crisis.
Aušra Gaigalaitė, Priority of Condominium Associations’ Assessment Liens vis–à–vis Mortgages: Navigating in the Super-Priority Lien Jurisdictions, 40 SEATTLE U. L. REV. 841 (2017).