General lien
A claim that attaches to a debtor's property generally rather than to one specific parcel, such as a judgment lien or an unpaid tax lien. In Washington, RCW 4.56.190 makes a judgment a lien on the debtor's real estate; reaching personal property takes a further step.
Key Takeaways
- A general lien reaches the debtor's property broadly rather than one named parcel, so it is tied to the person who owes the money.
- Judgment liens, unpaid federal income tax liens, and estate tax liens are the standard general lien examples.
- A general lien is almost always involuntary, arising from a court judgment or a statute rather than from a document the owner signed.
- In Washington, a judgment binds the debtor's real estate on filing, while personal property is bound only from the moment a creditor levies on it (RCW 4.56.190).
What It Means
A general lien is a money claim that follows the debtor rather than a single piece of property. A creditor who wins a judgment does not care which house or which account satisfies it, so the law lets the claim reach across what the debtor owns instead of pinning it to one address. That is the whole distinction. A specific lien names a parcel, and a general lien names a person.
General liens are usually involuntary. Nobody signs up for a judgment lien or an income tax lien the way a borrower signs a deed of trust. They arise because a court entered a judgment or because a tax went unpaid. That is also why they surprise sellers. A title search turns up a five-year-old judgment from a credit card suit, and the seller learns at closing that it is an Encumbrance on Title that must be paid or released before the buyer can be insured.
Priority among general liens normally runs from the date each one was filed or recorded, so an older judgment outranks a newer one against the same owner.
How It Works in Washington
Washington's judgment lien statutes are narrower than the textbook phrase suggests. Under RCW 4.56.190, the real estate of the judgment debtor, and real estate the debtor later acquires, is held and bound to satisfy the judgment, but personal property is held only from the time it is actually levied upon. A Washington judgment is therefore an immediate lien on land and a delayed claim on everything else. The same statute limits the lien to the debtor's own interest when property is held jointly or in common.
Where the lien attaches depends on filing. RCW 4.56.200 puts the lien on real estate in the county where the judgment was entered from the time the county clerk files it on the execution docket. To reach land in another county, the creditor files a certified abstract of the judgment with that county's clerk, and the lien runs from that filing. A Judgment entered in King County does not touch a cabin in Chelan County until the abstract is filed in Chelan County.
Two limits matter at the closing table. The lien ceases ten years from the date of entry and cannot be extended past that, subject to narrow exceptions for accrued child support and for an underlying judgment whose execution period is extended (RCW 4.56.210). And the homestead exemption protects the greater of $125,000 or the county median sale price of a single-family home in the preceding calendar year (RCW 6.13.030), which in much of Washington leaves an ordinary judgment creditor with little to take.
Example
Ellen owns a house in Everett worth $620,000 with a $410,000 first mortgage. In 2021 a hospital sued her over an unpaid bill and won a $38,000 judgment in Snohomish County Superior Court, which the clerk filed on the execution docket that November. Ellen also owns a boat and a 2019 Subaru. The judgment became a lien on the Everett house that day. It did not attach to the boat or the car, because no levy has been made on them.
Ellen lists the house in 2026 and it sells for $625,000. The title commitment shows the hospital judgment as an exception. At closing the escrow officer pays the remaining first mortgage balance of $396,000, then pays the hospital $38,000 plus accrued interest from what is left, and obtains a satisfaction of judgment for recording. Ellen nets the remainder. Had she instead waited until after November 2031, the ten-year period would have run and the judgment would no longer be a lien on the property.
Common Mistakes and Exam Traps
- General versus specific describes what the lien attaches to, not whether the owner agreed to it. A mortgage is voluntary and specific, while a judgment lien is involuntary and general.
- Property taxes are sometimes called general assessment taxes, but the lien they create is specific and attaches to the assessed parcel. The word general there describes the tax, not the lien.
- A general lien does not let a creditor seize anything on sight. In Washington the judgment binds the debtor's real estate on filing, and personal property is bound only once a creditor levies on it.
- A Washington judgment lien ceases ten years after entry unless the underlying judgment's execution period is extended, so the age of a judgment on a title report changes the answer.
Where you'll learn this
Frequently Asked Questions
What is the difference between a general lien and a specific lien?
A specific lien attaches to one identified parcel, such as a mortgage or a property tax lien. A general lien attaches to the debtor's property broadly, such as a judgment lien or an unpaid income tax lien.
Does a general lien stop a seller from closing?
It does not stop the sale, but it has to be resolved. The title company will require that the lien be paid from proceeds, released, or otherwise cleared before it insures the buyer's title.
Can a judgment lien reach a Washington home protected by the homestead exemption?
Only the value above the exemption. RCW 6.13.030 protects the greater of $125,000 or the county median sale price of a single-family home in the preceding calendar year, so the creditor collects only from equity beyond that amount.