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IN RE SWEET

No. 38522-4-I.

944 P.2d 414 (1997)

88 Wash.App. 199

In re the Trustee's Sale of the Real Property of G. Michael SWEET and Louise S. Sweet, husband and wife. G. Michael SWEET and Louise S. Sweet, husband and wife, Appellants, v. Ray O'LEARY; Rockwood Acceptance Corporation; Steven L. Jaffe; Howard Ruvelson, Respondents.

Court of Appeals of Washington, Division 1.

October 2, 1997.

Attorney(s) appearing for the Case

Richard G. Birinyi, Bellevue, for Appellants.

Thomas L. Gilman, Barrett Hale & Gilman, Seattle, Duncan C. Wilson, Sampson & Wilson, Inc., Renton, for Defendant.

William G. Suttell, Suttell Law Offices, Mercer Island, Samuel S. Chung, Short Cressman & Burgess, Seattle, for Respondents.

GROSSE, Judge.

The homestead exemption creates an interest in property that attaches to the surplus proceeds from a nonjudicial foreclosure sale under a deed of trust such that a judgment creditor's claim is limited to funds in excess of the homestead, if any. The trial court's determination to the contrary is reversed.

This appeal arises from disbursement of surplus funds from a nonjudicial foreclosure sale of the home of G. Michael and Louise S. Sweet. The...

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