Legal Opinion

Excelsior Mortgage Equity Fund II, LLC v. Schroeder

Court of Appeals of Washington

Decided October 18, 2012No. 30333-1-IIIPublishedCited by 8 opinions

1Opinion of the CourtSiddoway, J.

¶1 When a landowner fails to remove personal property following foreclosure of his real property and a determination that he is in unlawful detainer, does a trial court act within its jurisdiction in authorizing the purchaser of the land to sell or dispose of the personal property for the former landowner’s benefit? We hold that it does, affirm the reasonable postjudgment order entered by the court in this case, and award Excelsior Mortgage Equity Fund II LLC its attorney fees.

FACTS AND PROCEDURAL BACKGROUND

¶2 This is the fourth time these parties and this dispute have reached this court. We…

2Cases cited21 opinions

  1. Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
  2. Highline School District No. 401 v. Port of SeattleWashington Supreme Court · 1976
  3. Ackerman v. Port of SeattleWashington Supreme Court · 1960
  4. Labriola v. Pollard Group, Inc.Washington Supreme Court · 2004
  5. Labriola v. Pollard Group, Inc.Washington Supreme Court · 2004

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3Cited by8 opinions

  1. Hahn v. NethNebraska Supreme Court · 2005
  2. Lowe v. RoweCourt of Appeals of Washington · 2012
  3. Christopher Honse & Sally Honse v. Patrice Clinton & Richard SorrelsCourt of Appeals of Washington · 2015
  4. Dennis Sieracki, et ux v. Charles L. SheeleyCourt of Appeals of Washington · 2019
  5. Mark Haffner v. Ivar R. AlmCourt of Appeals of Washington · 2015

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