BOWCUTT v. DELTA NORTH STAR CORP.

Nos. 16691-1-III, 16867-1-III.

976 P.2d 643 (1999)

95 Wash.App. 311

Jack BOWCUTT, a single person; Leo E. Murphy, a single person; Ingve G. Turnquist, and Elmer Ivar Turnquist, successor beneficiaries to the Estate of Anna W. Turnquist, Petitioners, v. DELTA NORTH STAR CORPORATION, a Washington corporation; Mark Pitts and Jane Doe Pitts, husband and wife; O'Coyne & Phillips, P.S., a Washington professional service corporation, Defendants, Paul Railton Cabbell and Catherine Cabbell, husband and wife; Headhunters, a business enterprise of the Defendants Cabbell; and The Headhunters Defined Benefit Pension Plan, a business enterprise of Headhunters and/or the individual Defendants, Cabbell, Respondents, Peter J. Witherspoon, Trustee.

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

Reconsideration Denied June 10, 1999.


Attorney(s) appearing for the Case

David P. Boswell, Spokane, WA, Counsel for Appellants.

John F. Bury, Murphy, Bantz & Bury, Spokane, WA, Steven Schneider, Spokane, WA, Counsel for Respondents.


SWEENEY, J.

The Deeds of Trust Act (RCW 61.24) requires, as a condition of restraining or enjoining a nonjudicial foreclosure, that the debtor "pay to the clerk of the court the sums that would be due on the obligation secured by the deed of trust if the deed of trust was not being foreclosed[.]" RCW 61.24.130(1). But Washington's Criminal Profiteering Act (RCW 9A.82) authorizes a superior court to restrain or enjoin "a pattern...

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