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COPPER CREEK HOMEOWNERS ASS'N v. KURTZ

No. 100918-6.

532 P.3d 601 (2023)

COPPER CREEK (MARYSVILLE) HOMEOWNERS ASSOCIATION, a Washington nonprofit corporation, Petitioner, v. Shawn A. KURTZ and Stephanie A. Kurtz, husband and wife and the marital or quasi-marital community composed thereof; Quality Loan Service Corporation of Washington, a Washington corporation, Defendants, Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee from Pretium Mortgage Acquisition Trust; Selene Finance, LP, Respondents.

Supreme Court of Washington, En Banc.

Filed July 20, 2023.

Attorney(s) appearing for the Case

Samantha Jean Brown , Marlyn Kathryn Hawkins , Barker Martin PS, One Convention Place, 701 Pike St. Ste. 1150, Seattle, WA, 98101-3946, Jacob D. Degraaff , Henry & DeGraaff, P.S., 301 Prospect St., Bellingham, WA, 98225-4001, Christina Latta Henry , Henry & Degraaff, P.S., 119 1st Ave. S. Ste. 500, Seattle, WA, 98104-3400, for Petitioner.

Anne Marie Dorshimer , Stoel Rives LLP, 600 University St. Ste. 3600, Seattle, WA, 98101-4109, Amy Edwards , Stoel Rives LLP, 760 Sw 9th Ave. Ste. 3000, Portland, OR, 97205-2584, for Respondent.

Amanda Nicole Martin , Northwest Consumer Law Center, 936 N. 34th St. Ste. 300, Seattle, WA, 98103-8869, for Amicus Curiae on behalf of Northwest Consumer Law Center.

Lisa Marie Von Biela , Attorney at Law, 1420 Nw Gilman Blvd. #2274, Issaquah, WA, 98027-5333, Thomas William McKay , Attorney at Law, Catherine Schur , 401 2nd Ave. S. Ste. 407, Seattle, WA, 98104-3811, for Amicus Curiae on behalf of Northwest Justice Project.

Nathan Alexander King , Arnold & Porter LLP, 250 W. 55th St., New York, NY, 10019-7639, Amici Curiae on behalf of Federal Housing Finance Agency, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation.

Anthony L. Rafel , Rafel Law Group PLLC, 4126 E. Madison St., Suite 202, Seattle, WA, 98112, Erin A. Maloney , Fiore, Racobs & Powers, 6820 Indiana Avenue, Suite 140, Riverside, CA, 92506, for Amicus Curiae on behalf of Community Associations Institute Cai Washington Chapter.

¶1 This case concerns the statute of limitations to foreclose on a deed of trust securing an installment loan after the borrower receives an order of discharge in bankruptcy. As detailed in Merritt v. USAA Federal Savings Bank, No. 100728-1, ___ Wash.2d ___, ___ P.3d ___, 2023 WL 4631618 (Wash. July 20, 2023), we hold that a new...

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