New Step by Step Map For john du wors seattle

¶ 64 The remaining dilemma is if the Burnses' homestead appropriate is productive in opposition to the BECU deed of rely on. We hold that it is not.

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This statute is totally in line with Beal Financial institution's Keeping: Foreclosure by a senior lien holder eliminates the safety of a junior lien holder, not the Take note held through the junior.seventy eight We reject the Burnses' attempt to study the situation to assistance their argument. It doesn't.

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three The homestead claimed by Russ and Suzanne Burns, husband and wife, is not offered against the BECU obligation secured by that deed of rely on.4 Accordingly, BECU is entitled to your surplus sales money that happen to be adequate to satisfy the Burnses' unpaid debt to BECU.5 We reverse and remand for even more proceedings.

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The provisions of RCW sixty one.24.one hundred(2) that allow a match around the Be aware, accompanied by a later on foreclosure of a deed of rely on securing that Notice, might have no which means if entry of judgment extinguished the lien from the deed of rely on. Consequently, under the simple terms of the statute, BECU had the best to say the legal rights and cures of its deed of have confidence in by foreclosure or if not.

¶ 38 2nd, the Burnses fail to influence us that the doctrine of merger has any application on the info of the circumstance. As this court said in Caine & Weiner v. Barker,forty six There is certainly minimal authority in Washington interpreting this doctrine.47 This court docket stated in that case:

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¶ fourteen Exactly where the remarkable court has made a choice on a motion for revision, the appeal is with the outstanding court docket's choice, not through the commissioner's choice.eighteen

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