KEZNER v. LANDOVER CORP.

Nos. 37168-1-I, 37444-3-I.

942 P.2d 1003 (1997)

87 Wash.App. 458

George KEZNER, Appellant, v. LANDOVER CORPORATION, d/b/a William Bain & Associates, a/k/a Coldwell Banker Bain Associates, Respondent. George KEZNER, Appellant, v. Roy D. HEBERLING, Sandra K. Heberling, and the marital community of Roy D. and Sandra K. Heberling, Respondents.

Court of Appeals of Washington, Division 1.

Reconsideration Denied October 8, 1997.


Attorney(s) appearing for the Case

Andrew J. Gross, Seattle, for Appellant.

Susan A. Shyne, Deborah S. Berg, Jose F. Vera, and Tousley Brain, Seattle, Matthew Turetsky and Schwabe, Williamson & Wyatt, Seattle, for Respondent.


GROSSE, Judge.

The former owner of a commercial building whose interest has been nonjudicially foreclosed cannot thereafter bring an action to recover past due rent. In this state, unpaid rent is classified as real property for purposes of mortgages and deeds of trust. All interests in real property subject to a mortgage or deed pass to the purchaser at foreclosure. Accordingly, a former owner has no interest in unpaid rent if rent was part of the security granted...

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