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UNION BANK, N.A. v. VANDERHOEK ASSOCIATES

No. 46565-5-II.

365 P.3d 223 (2015)

191 Wn. App. 836

UNION BANK, NA., successor in interest to the FDIC as Receiver of Frontier Bank, Respondent, v. VANDERHOEK ASSOCIATES, LLC, a Washington limited liability company; Minne Vanderhoek and Trudy Vanderhoek, husband and wife, and the marital community composed thereof; and Richard T. Brunaugh and Amanda B. Brunaugh, husband and wife, and the marital community composed thereof, Defendants, and Donald C. Linkem and Elizabeth A. Linkem, husband and wife, and the marital community composed thereof; Paul E. Wilson and Kelly I. Wilson, husband and wife, and the marital community composed thereof; Pacific Resource Development, Inc., a Washington corporation; David A. Parker and Velma L. Parker, husband and wife, and the marital community composed thereof; Pacific Bay, Inc., a Washington corporation; Persons in Possession or Claiming a Right to Possession; All Other Persons or Parties Unknown Claiming Any Right, Title Estate, Lien, or Interest in the Real Estate Described in the Complaint Herein; and John Does I-X, Appellants.

Court of Appeals of Washington, Division 2.

December 15, 2015.

Attorney(s) appearing for the Case

Benjamin J. Riley , Saxton Riley & Riley, PLLC, Prosser, WA, Brian Lowell Budsberg , Budsberg Law Group, PLLC, Olympia, WA, for Appellants.

Stellman Keehnel , Katherine Ann Heaton, DLA Piper LLP, Donald E. Hacker Jr. , Hacker & Willig Inc. PS, Seattle, WA, Jeffrey Paul Helsdon , Oldfield & Helsdon PLLC, Tacoma, WA, for Respondent.

¶ 1 This case arises out of a deficiency action following a trustee sale of real property. The borrower and guarantor defendants appeal the trial court's order vacating its earlier summary judgment order in their favor. We hold that the trial court had tenable bases for concluding an irregularity in obtaining the judgment existed...

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