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MATTER OF EM PROPERTY HOLDINGS, LLC

No. 100066-9.

511 P.3d 1258 (2022)

In the MATTER OF the General Receivership of EM PROPERTY HOLDINGS, LLC, a Washington limited liability company Commencement Bank, a Washington banking corporation, Petitioner, v. Epic Solutions, Inc., a Washington corporation, Respondent.

Supreme Court of Washington.

Filed June 16, 2022.

Attorney(s) appearing for the Case

Darren Robert Krattli , Eisenhower Carlson PLLC, 909 A Street, Suite 600, Tacoma, WA, 98402-4395, for Petitioner.

Sean Vincent Small , Lasher Holzapfel Sperry & Ebberson PLLC, 601 Union St. Ste. 2600, Seattle, WA, 98101-4000, for Respondent.

¶1 This case concerns the priority of mortgage liens, the scope of RCW 60.04.226, and whether to adopt certain sections of the Restatement (Third) of Property: Mortgages (Am. Law Inst. 1997). The principal issue before us is whether a senior mortgage holder's future advances clause...

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