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OLSEN v. PESARIK

No. 51744-9-I.

77 P.3d 385 (2003)

Peter N. OLSEN and Kimberly A. Olsen, husband and wife, Appellants, v. Jeffrey S. PESARIK, a single person; Roger W. Jones, Jr., Trustee, Respondents.

Court of Appeals of Washington, Division 1.

October 6, 2003.

Attorney(s) appearing for the Case

Thomas Adams, Everett, WA, for Appellant.

Kevin Hatchett, Quentin Wildsmith, Seattle, WA, for Respondent.

GROSSE, J.

Statutes of limitations do not bar the defense of recoupment or offset as long as the main action itself is timely. In this case, the statutory equivalent of the main action is the non-judicial foreclosure proceeding commenced by Roger W. Jones, the successor trustee under the deed of trust for which Jeffrey S. Pesarik is a beneficiary. The action commenced by Peter and Kimberly Olsen to restrain the trustee's sale is the proper means to assert defenses...

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