- July 09, 1991
- All Washington Agents
- Omitted Lienholders
The Washington Supreme Court has ruled that a mortgage can be reforeclosed against an inferior lienholder who was inadvertently omitted from the original foreclosure. U.S. Bank of Washington v. Hursey, 806 P.2d 245 (1991).
In this case the bank foreclosed its mortgage but missed a judgment creditor because of an error in the clerk's office. When the mistake was discovered the bank began a new foreclosure against the judgment creditor.
This procedure was approved by the supreme court. It is consistent with common law and decisions in other states.
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