Frizzell v. Murray

Respondent Tamara Frizzell borrowed $100,000 from petitioner Barbara Murray, secured by a deed of trust on Frizzell's home. Frizzell defaulted and a nonjudicial foreclosure sale was set. Before the sale, Frizzell sued Barbara and her husband Gregory Murray, alleging several claims, and filed a motion for an order to enjoin the sale. A judge stayed the sale, unless Frizzell made a payment of $25,000 into the court registry by the following morning. Frizzell failed to make the payment and the sale took place. The trial court then dismissed Frizzell's claims on summary judgment, stating her failure to enjoin the sale resulted in a waiver of her claims. The Court of Appeals reversed and remanded, determining it would be inequitable to conclude Frizzell waived her claims. After its review, the Supreme Court concluded that Frizzell waived her claims as to the foreclosure sale. The Court remanded her other claims to the trial court for consideration under RCW 61.24.127. View "Frizzell v. Murray" on Justia Law