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GARDNER v. FIRST HERITAGE BANK

No. 67375-1-I.

303 P.3d 1065 (2013)

175 Wn. App. 650

Roger GARDNER, Appellant, and Lyle Sinclair, Defendant, v. FIRST HERITAGE BANK, a Washington Bank Corporation; Sel, Inc., a Washington Corporation, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered May 16, 2013.

Attorney(s) appearing for the Case

Richard Llewelyn Jones , Richard Llewelyn Jones PS, Bellevue, WA, Michael T. Schein , Sullivan Law Firm, Seattle, WA, for Appellant.

Thomas Andrew Lerner , Joan Elizabeth Hemphill , Stokes Lawrence PS, Seattle, WA, for Respondents.

LAU, J.

¶ 1 Developer Roger Gardner defaulted on loans secured by deeds of trust on three contiguous parcels of real property. First Heritage Bank conducted nonjudicial foreclosures in succession on each parcel. We hold the deed of trust act's (chapter 61.24 RCW) antideficiency provisions do not restrict the bank's ability to exhaust multiple items of collateral in a series of nonjudicial foreclosure proceedings. And because no disputed material facts remain...

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