RODGERS v. RAINIER NATIONAL BANK

No. 54477-8.

111 Wn.2d 232 (1988)

757 P.2d 976

S. MICHAEL RODGERS, ET AL, Respondents, v. RAINIER NATIONAL BANK, as Trustee, Appellant.

The Supreme Court of Washington, En Banc.

July 15, 1988.


Attorney(s) appearing for the Case

Carney, Stephenson, Badley, Smith, Mueller & Spellman, P.S., by Sylvia Luppert and William M. Wood, for appellant.

Preston, Thorgrimson, Ellis & Holman, by John A. Gose and Judith A. Bigelow, for respondents.


BRACHTENBACH, J.

Debtors on a promissory note defaulted and the lender accelerated the maturity date pursuant to a default-acceleration provision. As a requirement for the debtor to avoid foreclosure sale, the lender demanded unaccrued interest for the period during which prepayment was prohibited, and also demanded a prepayment penalty which would have been due had prepayment occurred subsequent to that prohibition period. The question presented is whether...

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