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WESTAR FUNDING, INC. v. SORRELS

No. 39070-1-II.

239 P.3d 1109 (2010)

WESTAR FUNDING, INC. fka Westar Financial, Inc.; and Xianju Xui, an individual, Respondents, v. Richard E. SORRELS, individually; and John S. Mills, in his capacity as Trustee, Appellants.

Court of Appeals of Washington, Division 2.

September 14, 2010.

Attorney(s) appearing for the Case

Frederick L. Hetter III, Attorney at Law, Steilacoom, WA, for Appellants.

John Stratford Mills, Law Offices of David Smith PLLC, Tacoma, WA, for Defendant.

Robert Jason Henry, Lasher Holzapfel Sperry & Ebberson, PLLC, Seattle, WA, for Respondents.

QUINN-BRINTNALL, J.

¶ 1 Richard E. Sorrels appeals from a summary judgment quieting title to a piece of Gig Harbor property in Xianju Xui. Sorrels contends that the trial court erred when it found that he had no right to foreclose on a 1992 promissory note secured by a 1992 deed against the property. We hold that the statute of limitations and the statute of frauds prohibit Sorrels from foreclosing on the 1992 note. Because there are no disputed issues of material...

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