BROWN v. HOUSEHOLD REALTY CORP.

No. 60469-4-I.

189 P.3d 233 (2008)

Richard BROWN and Elva Brown, Appellants, v. HOUSEHOLD REALTY CORPORATION, Household Finance Corporation, III, Household Life Insurance Company and Does 1 through 20, inclusive, Respondents.

Court of Appeals of Washington, Division 1.

July 28, 2008.


Attorney(s) appearing for the Case

Melissa Ann Huelsman, Law Offices of Melissa A. Huelsman, Seattle, WA, for Appellants.

David A. Weibel, Annette Elena Cook Bishop White & Marshall PS, Seattle, WA, for Respondents.


LEACH, J.

¶ 1 This case presents the question of whether a borrower/grantor waives any claims against a lender/beneficiary arising out of an obligation secured by a deed of trust by failing to request a preliminary injunction or restraining order enjoining a nonjudicial foreclosure sale at least five days before the sale date. We hold that a borrower waives these claims by failing to timely request this relief before the foreclosure sale.

¶ 2 Richard...

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