Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Loan Guarantors Remain Liable After Foreclosure

By Brian Esler on February 19, 2014
Email this postTweet this postLike this postShare this post on LinkedIn

In a decision announced this week, Division I of the Washington State Court of Appeals held that a lender who has non judicially foreclosed on a deed of trust securing a commercial loan retains the right under Washington law to thereafter pursue an action for any deficiency against the loan’s guarantor. Washington Federal v. Gentry Division I considered, and rejected, the analysis of the identical issue by Division II of the court of appeals in the recent case of First Citizens Bank v. Cornerstone Homes, in which Division II held that the reference to “related documents” in stock Deed of Trust forms showed that the Deed of Trust actually secured the guaranties as well as the principal obligation (thus destroying any right to seek a deficiency judgment after a non judicial foreclosure).

Given the reliance of most financial institutions on use of stock forms (most often LaserPro forms, which have been found to have problems), the issues flagged in Washington Federal and First Citizens will arise in thousands of foreclosure and related cases throughout Washington, creating continued uncertainty for lenders, borrowers, and guarantors of construction and other commercial loans. Now, with a conflict between the divisions, it is up to the Supreme Court to review the issue. We hope to have some clarity by the end of the year.

Photo of Brian Esler Brian Esler
Read more about Brian EslerEmailBrian's Linkedin Profile
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    From the Ground Up
  • Organization:
    Miller Nash Graham & Dunn LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo