ONEWEST BANK, FSB v. ERICKSON

No. 31944-0-III.

337 P.3d 1101 (2014)

ONEWEST BANK, FSB, its successors in interest and/or assigns, Respondent, v. Maureen M. ERICKSON, Appellant, Palisades Collection LLC, Assignee of AT & T; Gonzaga Preparatory School, Inc.; Society of Jesus Oregon Province; John Traynor and Jane Doe Traynor, individually and marital community if any; Albert Faulkner and Jane Doe Faulkner, individually and marital community if any; Phil McLean and Jane Doe McLean, husband and wife; Larry Smith and Jane Doe Smith, individually and marital community if any; Kevin R. Malone and Christine Malone, individually and marital community if any; Occupants of the Premises; Qualchan Hills Homeowners' Association; and any persons or parties claiming to have any right, title, estate, lien or interest in the real property described in the complaint, Defendants.

Court of Appeals of Washington, Division 3.

November 13, 2014.


Attorney(s) appearing for the Case

Brian C. Balch , Layman Law Firm PLLP, Spokane, WA, for Appellant.

Babak Shamsi , Joshua Saul Schaer , Routh Crabtree Olsen, P.S., Bellevue, WA, for Respondent.


FEARING, J.

¶ 1 We address the unique circumstance of an Idaho court authorizing an Idaho conservator to encumber a Washington residence. Following established principles from the hoary past concerning state jurisdiction over real property, we hold that the Idaho court lacked jurisdiction and that the order authorizing the encumbrance is invalid.

¶ 2 Plaintiff One West Bank FSB seeks to judicially foreclose upon a deed of trust purportedly encumbering...

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