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In Washington, a “bona fide purchaser for value” (i.e. one who, for valuable consideration, acquires an interest in realty without notice of another’s claim) generally takes the interest free-and-clear of the unknown claim. Glaser v. Holdorf , 56 Wn.2d 204, 352 P.2d 212 (1960).  Hence, the importance of protecting real estate interests by public recording, as authorized by Washington’s Recording Act, RCW 65.08.  Importantly, under the Recording Act, public recording imparts “

I recently encountered a situation where the parties were contemplating a secured transaction – a note secured by a deed of trust against Washington commercial realty – and the question raised was how to designate the beneficiary in the deed of trust (the parties’ objective was probate avoidance and, without going into detail, there were complexities associated with the intended distribution).   The answer is an un-intuitive one – it probably does not matter.  We can glean th

Washington’s consumer protection laws make unlawful, among other things, “deceptive acts” by businesses.  See  RCW 19.86.020.  “Deceptive” is not defined (and thereby limited) by the legislation.  Thus, courts have favored broad interpretation and application to serve the beneficial purposes of consumer protection. Panag v. Farmers Ins. Co. of Washington , 166 Wn.2d 27, 37, 204 P.3d 885, 889 (2009).   It has been generally held by the courts that deception exists if there is

The famous move quote is often repeated by litigators explaining to clients the need to build a case or a defense.  That a litigant knows certain material facts, including technical facts, to be true, does not matter.  What matters is the ability to present the facts, within the rules of evidence, and persuasively, to a trier.    Washington’s rules of evidence, which are modeled after the federal rules, guide how evidence can, and cannot, be presented.  A comprehensive discus

After an incorrect legal decision from the trial court, this author and his client spent 5 years trying to get the decision corrected.  The journey involved renewed proceedings at the trial court level and 3 separate appeals: Luv v. W. Coast Servicing, Inc. , 18 Wash. App. 2d 1049 (2021), W. Coast Servicing, Inc. v. Luv , 24 Wash. App. 2d 1038 (2022), and Luv v. W. Coast Servicing, Inc. , 30 Wash. App. 2d 1032 (2024). The matter eventually went to the Washington Supreme Court

Leading-up to the foreclosure crisis of 2007, many homeowners, in Washington and nationally, encumbered their properties with junior...

Just about every Washington litigator has encountered a potential client with a great case who fatally delayed filing.  Sometimes the...

If a tenant vacates prematurely, a landlord can mitigate damages by re-letting the premises, or sometimes even through a sale.  The...

Based on notices received, homeowners often believe their mortgage loans are constantly being sold. But if you read the fine print, it...

A tax deed generally vests clear title to the tax parcel in the grantee. RCW 84.64.080.  The conveyance of clear title is conditioned,...

In a Washington deed of trust, the grantor gives the trustee the power of sale over the encumbered property.  If the borrower defaults on...

A deed-in-lieu of foreclosure is a voluntary transfer of title by the distressed homeowner to the lender / mortgagee.  The deed-in-lieu...

In Washington, real property title disputes are generally adjudicated in the county superior court where the property is located.  As...

Washington’s Consumer Protection Act (“CPA”) prohibits unfair or deceptive acts or practices in commerce and authorizes a private right...

Investing in Washington real estate development can include making direct loans to the developer.  In return, the developer typically...

For a fee, title companies can provide title reports or other abstracts of title interests.  Title companies maintain private databases...

Washington’s homestead exemption has received recent attention due to its significant increase.  The amount went from a fixed $125k to a...

At a Washington foreclosure sale, whether trustee or sheriff sale, the foreclosing lienholder typically begins bidding with a credit...

Mortgage due-on-sale clauses are clauses that provide the loan balance is accelerated if there is an unauthorized conveyance of the...

Title interests are created in the underlying instrument between grantor and grantee.  Interests are then perfected through public...