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IN RE SMITH

No. 16614-7-III.

968 P.2d 904 (1998)

93 Wash.App. 282

In re the Trustee's Sale of the Real Property of Michael E. SMITH. BANK OF PULLMAN, Appellant, v. Douglas and Linda SHURTLEFF, Respondents.

Court of Appeals of Washington, Division 3, Panel Eight.

December 15, 1998.

Attorney(s) appearing for the Case

Howard K. Michaelsen, Spokane, for Appellant.

Robert J. McKanna, Spokane, for Respondents.

Melanie Smith, pro se, Spokane.

BROWN, J.

Douglas and Linda Shurtleff and the Bank of Pullman dispute their priorities to the surplus proceeds of a foreclosure sale of Michael Smith's real property in Spokane County. The primary issue is whether the trial court erred when it decided the Shurtleffs were bona fide purchasers for value with priority over the Bank. Because we decide the Bank had both actual and constructive notice of the Shurtleffs' delivered security interest, we agree with the trial...

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