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¶ 47 The Burnses also argue that a judgment within the promissory Observe extinguishes the fundamental Take note. But that's not the dispositive query. Relatively, the concern is whether or not a judgment to the Take note extinguishes the deed of believe in securing the note.

The deed of have confidence in was recorded on November 3, 2005. This deed of rely on is subordinate in priority into the lien on the Wells Fargo deed of trust to the Burnses' residence.

¶ 23 At situation was whether the go well with within the Take note that led for the entry of a private judgment against Savage impacted the afterwards foreclosure from the home finance loan that secured that note.36 In that case, foreclosure with the mortgage wouldn't are actually permitted.

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In cases of notes and home loans, the notes depict the debts; the mortgages security for that payment on the debts. Either may be the foundation of the motion and, although [Washington law] provides versus the upkeep of concurrent actions, we have held that a judgment on notes secured by a property finance loan wouldn't constitute this kind of judgment res adjudicata within a subsequent action with the foreclosure on the mortgage loan lien, for the purpose of recovering that part of the debt which remained unpaid beneath the personal judgment [fifty six ]

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¶ 29 The above mentioned-described technique was completely consistent with the home finance loan law basic principle that, while simultaneous steps against one particular obligated with a Notice are certainly not permitted,40 successive actions are.forty one The Burnses usually do not contest the ongoing validity of this mortgage loan legislation basic principle.

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¶ thirty There is absolutely no materials difference in between this scenario and Hanna. Both lenders held promissory notes secured by protection interests in true property. Both sued to john du wors seattle the notes and received judgments. Both equally later on claimed legal rights as secured creditors subsequent entry of judgments on their own respective notes. In Hanna.

¶ forty five There's no dispute that a secured creditor may well elect to abandon its safety and sue over the Be aware alone, as being the Sullins court docket famous. But this history exhibits no proof of such an election.

¶ 36 BECU strictly adopted this treatment. It directed the successor trustee with the Burnses' deed of belief to discontinue the scheduled sale. BECU then sued the Burnses over the Be aware and recovered a judgment. The lien of its deed of have confidence in wasn't extinguished by entry of judgment over the Take note.

¶ sixty john du wors wife seven We reverse the get disbursing cash and remand for more proceedings which are according to this view.

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