CARBON v. SPOKANE CLOSING AND ESCROW, INC.

No. 23565-3-III.

147 P.3d 605 (2006)

Robert C. CARBON and Betty Carbon, husband and wife, Carbon-Ranniger Investment Partners, a defunct Washington general partnership, Plaintiffs, Carport, LLC, a Washington limited liability company, Respondent and Cross-Appellant. v. SPOKANE CLOSING AND ESCROW, INC., a Washington corporation; Angeline A. and Arnold R. Dearth, wife and husband; V. Ram Gopal and Jane Doe Gopal, d/b/a Pacwest Consulting, d/b/a Misa International, husband and wife; Solid Rock Investments, Inc., a dissolved Washington corporation; Alvin R. Welch and Pennie L. Welch, husband and wife; A & P Properties & Development, LLC, a Washington limited liability company; American Industries International, Inc., a Washington corporation d/b/a Solid Rock Investments; Nona L. McKinney and John Doe McKinney, wife and husband; Steven D. Cook and Jane Doe Cook, husband and wife; Alpine Lumber Supply, Inc., an Idaho corporation; Frank Hatzenbeler, Jr. and Jane Doe Hatzenbeler, Jr., husband and wife; John Does 1-100, and any other persons or parties unknown claiming any right, title, estate, lien or interest in the real estate described in the complaint herein, Defendants, Fox Financial Corporation, a Washington corporation, d/b/a Fox Realty, d/b/a Fox Financial, Appellant, Julie A. Howard and John Doe Howard, wife and husband, Respondents.

Court of Appeals of Washington, Division 3.

November 7, 2006.


Attorney(s) appearing for the Case

Christopher M. Grimes, Ford & Grimes PS, Spokane Valley, WA, for Appellant.

Stephen Ross Matthews, Attorney at Law, Spokane, WA, for Respondents.

Kathryn Rae McKinley, Wolkey McKinley, PS, Spokane, WA, for Respondent and Cross-Appellant.


SCHULTHEIS, A.C.J.

¶ 1 In 2000, Robert and Betty Carbon sold real property in Spokane County (the Grove property) to A & P Properties & Development, LLC for approximately $930,000. The Carbons received a promissory note and a 15-day note in exchange. Just before the Carbon/A & P transaction was recorded, the closing agent prepared a promissory note and deed of trust transferring the Grove property from A & P to Solid Rock Investments, Inc. for...

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