UDALL v. T.D. ESCROW SERVICES, INC.

No. 78668-2.

154 P.3d 882 (2007)

William UDALL, an individual, Clete Bremner, an individual, and Gregory D. Sargent, an individual, Petitioners, v. T.D. ESCROW SERVICES, INC., d/b/a T.D. Service Company, a Washington corporation, and T.D. Service Financial Corporation, a California corporation, Respondents, U.S. Bancorp f/k/a Firstar Bank, NA, a Washington corporation, Defendant.

Supreme Court of Washington, En Banc.

Decided March 29, 2007.


Attorney(s) appearing for the Case

Bradley Alan Maxa, Dale Louis Carlisle, Gordon Thomas Honeywell, Yvonne Marie Mattson, Tacoma, WA, for Petitioners.

David A. Leen, Leen & O'Sullivan PLLC, Seattle, WA, for Respondents.


FAIRHURST, J.

¶ 1 William Udall purchased real property in a nonjudicial foreclosure sale. The auctioneer gave Udall a receipt, but not the deed of trust for the property. When trustee T.D. Escrow Services, Inc. (hereinafter T.D.) discovered that the auctioneer had opened the bidding $100,000 lower than T.D. had authorized, T.D. refused to deliver the deed to Udall.

¶ 2 Udall challenges a Court of Appeals decision holding that the sale was not completed...

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