Legal Opinion
Aberdeen Federal Savings & Loan Ass'n v. Empire Manufactured Homes, Inc.
Court of Appeals of Washington
Decided November 17, 1983No. 5529-5-IIPublishedCited by 9 opinions
1Opinion of the CourtWorswick, J.
Is a judgment lien superior to the lien of a prior unrecorded mortgage? It is not, because a judgment creditor acquires no rights greater than those of the judgment debtor. We reverse a summary judgment establishing superior lien rights in favor of a judgment creditor and direct summary judgment in favor of the prior mortgagee.
This is an action by Aberdeen Federal Savings and Loan Association against Boise Cascade Corporation and others to foreclose a mortgage. The priority of the mortgage as against a judgment lien is at issue. The following facts and chronology are undisputed:
June 27, 1975…
2Cases cited9 opinions
- Freeborn v. Seattle Trust & Savings BankWashington Supreme Court · 1980
- Northern Commercial Co. v. E. J. Hermann Co.Court of Appeals of Washington · 1979
- Mahalko v. Arctic Trading Co.Washington Supreme Court · 1983
- Dawson v. McCartyWashington Supreme Court · 1899
- Bremerton Creamery & Produce Co. v. ElliottWashington Supreme Court · 1935
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kim v. LeeWashington Supreme Court · 2001
- R.O.I., Inc. v. AndersonCourt of Appeals of Washington · 1988
- Wiswall v. Tanner (In Re Tanner)United States Bankruptcy Court, W.D. Washington · 1992
- Hunnicutt Construction, Inc. v. Stewart Title & Trust of Tucson Trust No. 3496Court of Appeals of Arizona · 1996
- Puyallup Valley Bank v. MosbyCourt of Appeals of Washington · 1986
4 more not listed; retrieve them via the Exa API.