Legal Opinion

Kevin E. Edmundson, Res. v. Carrington Mortgage Services, Llc, App.

Court of Appeals of Washington

Decided July 11, 2016No. 74016-4-IPublishedCited by 30 opinions

1Opinion of the CourtCox, J.

¶1 — The primary issue before us is whether the lien of a deed of trust on property that secures payment of a promissory note is discharged when the personal obligation of the note is discharged in bankruptcy. Settled law holds that such a lien is not discharged and remains enforceable after such a discharge.

¶2 The other question that we decide in this case is whether the enforcement of the deed of trust was timely commenced. We hold that it was.

¶3 The trial court erred as a matter of law in granting summary judgment to Kevin Edmundson and Meche Ed-mundson, the borrowers who signed the…

2Cases cited19 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Johnson v. Home State BankSupreme Court of the United States · 1991
  3. Young v. Key Pharmaceuticals, Inc.Washington Supreme Court · 1989
  4. Long and Wife v. BullardSupreme Court of the United States · 1886
  5. Lybbert v. Grant CountyWashington Supreme Court · 2000

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3Cited by30 opinions

  1. 4518 S. 256th, LLC v. Karen L. Gibbon, PSCourt of Appeals of Washington · 2016
  2. Cedar W. Owners Ass'n v. Nationstar Mortg., LLCCourt of Appeals of Washington · 2019
  3. Sandra M. Merceri v. The Bank Of New York MellonCourt of Appeals of Washington · 2018
  4. Bauer v. Citigroup Mortgage Loan Trust Inc., Asset Backed PUnited States Bankruptcy Court, E.D. Washington · 2019
  5. Brown v. Deutsche Bank National Trust CompanyUnited States Bankruptcy Court, W.D. Washington · 2020

25 more not listed; retrieve them via the Exa API.

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