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SCHROEDER v. EXCELSIOR MANAGEMENT GROUP

Nos. 86433-1, 86710-1.

297 P.3d 677 (2013)

177 Wn.2d 94

Steven F. SCHROEDER, Petitioner, v. EXCELSIOR MANAGEMENT GROUP, LLC, and Craig G. Russillo, trustee, Respondents. Steven F. Schroeder, a married man dealing with his sole and separate property, Petitioner, v. Phillip J. Haberthur, as trustee of a trustee of a deed of trust, Excelsior Management Group, LLC, an Oregon limited liability company; Excelsior Mortgage Equity Fund II, LLC, an Oregon limited liability company, James Haney, and CLS Mortgage, Inc., a Washington corporation, Respondents.

Supreme Court of Washington, En Banc.

Decided February 28, 2013.

Attorney(s) appearing for the Case

Matthew Franklin Pfefer , Attorney at Law, Spokane Valley, WA, for Petitioner.

Michael H. Church , Spokane, WA, Barren Michael Digiacinto , Stamper Rubens PS , Dianne K. Rudman , Rudman Law Office, PS, Spokane, WA, Phillip Justin Haberthur , Bradley W. Andersen , Schwabe Williamson & Wyatt, Vancouver, WA, for Respondents.

CHAMBERS, J.*

¶ 1 For nonagricultural land, Washington's deed of trust act provides a comparatively inexpensive and fast mechanism for the lending industry to foreclose on property pledged as security for a debt through a nonjudicial foreclosure action. In a nonjudicial foreclosure, a properly appointed trustee is empowered by the act to hold a foreclosure sale without judicial supervision. However, the act does not allow nonjudicial...

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