Mahalko v. Arctic Trading Co.

This is an action to determine the priority of interest in real property upon which a homestead has been declared.

The debtor filed a declaration of homestead in 1970. Mahalko was granted judgment against the debtor in 1973. In 1976, Westinghouse Credit obtained judgment against the debtor and in the same year secured a deed of trust on the debtor's promise to pay the 1976 judgment. In 1979, Mahalko executed upon the judgment following the appraisal, division and sale procedure to reach the excess value of the property above the homestead exemption (RCW 6.12.140 et seq.). At the exécution sale…