Legal Opinion · Dissent

First Federal Savings & Loan Ass'n v. Ekanger

Court of Appeals of Washington

Decided March 20, 1979No. 2573-3Published

1DissentRoe, J.

(dissenting) — The question in this case is whether the court ever had jurisdiction to foreclose the mortgage since the affidavit filed in support of the foreclosure did not comply with the requirements of the statute. If the court never had jurisdiction, then post facto attempts by the mortgagee to remedy the defects by filing the supplemental affidavit and pointing to certain other documents in the record are unavailing. Such attempts cannot retroactively confer jurisdiction. The majority overrules the case law in this state and ignores the specific statute, RCW 4.28.100, by referring to…

2Cases cited9 opinions

  1. Curtis Lumber Co. v. SortorWashington Supreme Court · 1974
  2. John Hancock Mutual Life Insurance v. GooleyWashington Supreme Court · 1938
  3. Thompson v. RobbinsWashington Supreme Court · 1903
  4. Burns v. StolzeWashington Supreme Court · 1920
  5. Felsinger v. QuinnWashington Supreme Court · 1911

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