City Of Kent v. Bel Air & Briney

Spearman, C. J. —

¶ 1 When the city of Kent (City) bought the property that is the subject of this action, it paid off the first position hen but did not discover the junior hen until *170after the proceeds had been disbursed. The City filed a complaint for declaratory relief, seeking equitable subro-gation to the prior first position lienholder and the right to foreclose on the resulting equitable lien. On the City’s motion for summary judgment, the trial court granted the requested relief. The junior lienholders appeal, claiming the trial court erred in so ruling because they will be materially…