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BEAL BANK, SSB v. SARICH

No. 79875-3.

167 P.3d 555 (2007)

BEAL BANK, SSB, a Texas State Savings Bank, Appellant, v. Steven and Kay SARICH, and the marital community comprised thereof; Joe Cashman and Jane Doe Cashman, and the marital community comprised thereof; Washington Mutual Bank; U.S. Bank National Association # 1000; and One Eleven Homeowners Association, Respondents.

Supreme Court of Washington, En Banc.

Decided September 13, 2007.

Attorney(s) appearing for the Case

Charles Matthew Andersen, Nancy Dykes Isserlis, Winston & Cashatt PS, Spokane, WA, Robert A. Ackermann, Plano, TX, for Appellant.

Janet D. McEachern, Spencer Hall, Hall Zanzig Zulauf Claflin McEachern PLL, Gayle Edward Bush, Katriana Louise Samiljan, Bush Strout & Kornfeld, Thomas Cline, Attorney at Law, Seattle, WA, for Respondents.

William Kennedy Rasmussen, Peter J. Mucklestone, David William Thorne, Davis Wright Tremaine LLP, Seattle, WA, for Amicus Curiae on behalf of Washington Bankers Association, Amicus Curiae on behalf of Washington Mortgage Lenders Association, Amicus Curiae on behalf of Washington Financial League, Amicus Curiae on behalf of Washington Independent Community Bankers Association, Amicus Curiae on behalf of Washington Credit Union League.

C. JOHNSON, J.

¶ 1 This case asks us to determine whether the nonjudicial foreclosure of a senior lienholder's deed of trust under the deeds of trust act, chapter 61.24 RCW, precludes an action on the promissory note by a nonforeclosing holder of a junior deed of trust to recover on a debt previously secured by a junior deed of trust on the same property. The trial judge ruled in the affirmative based on Washington Mutual Savings Bank v. United States,

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