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ASSOCIATES HOUSING FINANCE v. STREDWICK

No. 21985-2-III.

83 P.3d 1032 (2004)

ASSOCIATES HOUSING FINANCE L.L.C., a limited liability company formed under the laws of the State of Delaware, Appellant, v. Yvonne M. STREDWICK, an unmarried person; Arnold Van Hollebeke and Marilyn Van Hollebeke, husband and wife; Windy Wheatlands, Inc., Respondents, Illa R. Page, surviving spouse of Joel A. Page, Deceased; the Estate of Joel A. Page, Deceased; the Franklin County Sheriff; Bear Mountain Forest Products; John Doe and Jane Doe, occupants in possession; the Unknown Heirs Of Joel A. Page, Deceased; and also, All Other Persons or Parties Unknown Claiming any Right, Title, Estate, Lien or Interest in the Real Estate Described in the Complaint Herein, Defendants.

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

February 3, 2004.

Attorney(s) appearing for the Case

David A. Wiebel, Bishop, Lynch & White PS, Seattle, WA, for Appellants.

Stella J. Edens, Rettig, Osborne, et al, Kennewick, WA, for Respondents.

SCHULTHEIS, J.

The question before this court is whether a creditor that innocently obtains a secured interest in property that was fraudulently conveyed to the debtor has priority over a prior unsecured creditor who later obtains a judgment declaring the conveyance void under the Uniform Fraudulent Transfer Act (UFTA), chapter 19.40 RCW. Associates Housing Finance L.L.C. loaned Joel and Illa Page a sum of money secured by a deed of trust on a lot in Franklin County...

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