LexisNexis HeadsUp for Washington State - Court Opinions For May 24, 2012

LexisNexis HeadsUp for Washington State - Court Opinions For May 24, 2012



Thursday, May 24, 2012

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The Supreme Court of Washington filed 2 new opinions and Division Three did not file any new published opinions on Thursday, May 24, 2012:

Supreme Court:

1. Albice v. Premier Mortgage Services of Washington, Inc.
No. 85260-0
(May 24, 2012)
2012 Wash. LEXIS 378


Brief: The nonjudicial foreclosure proceedings involved in this case were marred by repeated statutory noncompliance. The financial institution acting as the lender also appeared to be acting as the trustee under a different name; the lender repeatedly accepted late payments and, at its sole discretion, rejected only the final late payment that would have cured the default; and the trustee conducted a sale without statutory authority. Equity cannot support waiver given these procedural defects and the purchaser's status as a sophisticated real estate investor or buyer who had constructive knowledge of the defects in the sale. The trustee's sale therefore was invalid.

2. In re Personal Restraint of Flint
No. 83815-1
(May 24, 2012)
2012 Wash. LEXIS 377


Brief: The petitioner's return to total confinement pursuant to RCW 9.94A.737(2) as a result of repeated violations of conditions of community custody did not violate the ex post facto clauses of the state and federal constitutions. Application of RCW 9.94A.737(2) (as enacted in 2007) to the petitioner following a third hearing on violations of conditions of community custody was not a retroactive application of the statute under the analysis for determining whether a statute is prospective or retroactive. Application of the statute to the petitioner did not increase the quantum of punishment for the crimes for which he was serving a term of community custody. Accordingly, he has failed to show that application of the statute to him violated the ex post facto clauses of the state or federal constitution.



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