If an
owner of proportionally registered vehicles liable for the
remittance of fees and taxes imposed by this chapter fails to pay
the fees and taxes, the amount thereof, including any interest,
penalty, or addition to the fees and taxes together with any
additional costs that may accrue, constitutes a lien in favor of
the state upon all franchises, property, and rights to property,
whether the property is employed by the person for personal or
business use or is in the hands of a trustee, receiver, or
assignee for the benefit of creditors, from the date the fees and
taxes were due and payable until the amount of the lien is paid
or the property is sold to pay the lien. The lien has priority
over any lien or encumbrance whatsoever, except the lien of other
state taxes having priority by law, and except that the lien is
not valid as against any bona fide mortgagee, pledgee, judgment
creditor, or purchaser whose rights have attached before the time
the department has filed and recorded notice of the lien as
provided in this chapter.
In order to avail itself of the lien created by this
section, the department shall file with any county auditor a
statement of claim and lien specifying the amount of delinquent
fees and taxes, penalties, and interest claimed by the
department. From the time of filing for record, the amount
required to be paid constitutes a lien upon all franchises,
property, and rights to property, whether real or personal, then
belonging to or thereafter acquired by the person in the county. Any lien as provided in this section may also be filed in the
office of the secretary of state. Filing in the office of the
secretary of state is of no effect, however, until the lien or a
copy of it has been filed with the county auditor in the county
where the property is located. When a lien is filed in
compliance with this section and with the secretary of state, the
filing has the same effect as if the lien had been duly filed for
record in the office of each county auditor of this state.
[1993 c 307 § 16; 1987 c 244 § 47.]
NOTES:
Effective dates -- 1987 c 244: See note following RCW 46.87.010.