Schultz v. Bank of the West

Defendant Bank of the West, C.B.C., (bank) appeals from a summary judgment declaring plaintiffs, Howard and Ann Schultz, the owners of a motor home “free and clear” of bank’s prior perfected security interest. Plaintiffs cross-assign error to the trial court’s dismissal of their second claim for relief and its allowance of summary judgment against their fourth claim for relief. We reverse and remand.

The facts are undisputed. In October 1987, defendants Robert and June Muir (Muirs) purchased a 1985 Sportscoach motor home, in which they granted their financier a security interest. Bank was…