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¶ 27 Here, BECU directed the successor trustee to the Burnses' deed of believe in to commence a nonjudicial foreclosure proceeding because of defaults underneath the Burnses' Notice.

¶ fifty one In Beal Lender, the holder of the first deed of have faith in on selected residence directed a nonjudicial foreclosure of the deed of have faith in.64 At time on the trustee's sale for that deed of believe in, Beal was the holder of two promissory notes, Each and every of which was secured by independent deeds of believe in on the identical home.65 Each deeds of believe in were subordinate to that for which the trustee's sale was done.sixty six

The merger rule is based in section on the need to avert vexatious relitigation of issues that have now passed into judgment as between the functions on the litigation and their successors. On the other hand, despite the common rule that underlying legal rights and obligations are extinguished through the judgment, the doctrine is designed to market justice and really should not be carried even more than that finish requires.

The commencement of the motion for the recovery of a credit card debt secured by property finance loan not asking a foreclosure in the house loan and introduced right before a foreclosure from the mortgage loan and sale thereunder, shall be, and become deemed being, a waiver of your mortgage protection; which provision is probably not waived or avoided by agreement contained inside the home finance loan or otherwise.[53]

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[N]otwithstanding The point that a personal judgment only was taken on the Notice ․ even now the proper of action on the mortgage like a lien securing the credit card debt remains․ [N]either the entry of your judgment nor the next proceedings ended up in any feeling a bar to the appropriate to foreclose the mortgage loan lien for your part of the original credit card debt which happens to be unpaid.[37]

¶ forty eight The Burnses are unsuccessful to cite any appropriate authority Keeping that a deed of belief alone, and that is a individual obligation within the note, is extinguished by a judgment within the Observe secured by that deed of belief. They do cite to, Petri v. Manny,57 but this case is inapplicable for their argument.

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¶ 37 The Burnses' arguments if not are unpersuasive. Very first, they fall short to cite any authority that holds that entry of judgment over a promissory note that may be secured by a deed of have faith in merges the deed of trust in the judgment. There isn't any these authority On this point out.

¶ one Entry of a judgment with a promissory Observe isn't going to extinguish the lien of a protection curiosity in actual property that secures that Take note.

¶ 38 Next, the Burnses are unsuccessful to persuade us the doctrine john du wors wife of merger has any software to the details of the circumstance. As this court docket stated in Caine & Weiner v. Barker,46 There may be tiny authority in Washington interpreting this doctrine.47 This court stated in that case:

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