IN RE UPTON

No. 44566-9-I.

6 P.3d 1231 (2000)

In re the trustee's sale of the real property of Lawrence L. UPTON and Barbara Upton, each as a separate estate. Household Finance Industrial Loan Company, Appellant, v. Lawrence L. Upton and Barbara Upton, Respondents.

Court of Appeals of Washington, Division 1.

August 28, 2000.


Attorney(s) appearing for the Case

Brian D. Lynch, Michael A. Padilla, Bishop, Lynch & White, P.S., Seattle, for Appellant.

Gregory Cavagnaro, Federal Way, for Respondents.


APPELWICK, J.

The issue in this case is whether a property owner's homestead interest in the excess proceeds from a nonjudicial foreclosure sale pursuant to a first deed of trust, takes priority over the interest of a second deed of trust beneficiary in the proceeds. A deed of trust beneficiary's interest in real property is superior to an owner's homestead interest. Interests in real property continue in the proceeds from a trustee's nonjudicial foreclosure sale...

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