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jurisdictionappealforeclosure

appealforeclosure

Related Cases

OneWest Bank, FSB v. Erickson, 185 Wash.2d 43, 367 P.3d 1063

Facts

The case arose from a reverse mortgage on a Spokane property, which was signed by a conservator appointed by an Idaho court. The property owner, Bill McKee, had been living part-time in Idaho and part-time in Spokane, where his daughter, Maureen Erickson, resided. After McKee's death, OneWest Bank sought to foreclose on the property based on the reverse mortgage. Erickson contested the foreclosure, claiming the mortgage was void due to the Idaho court's lack of jurisdiction over Washington property.

This case arose through OneWest Bank FSB's attempted foreclosure of Washington property based on a reverse mortgage that an Idaho court ordered through Bill McKee's conservatorship proceedings.

Issue

Whether the Idaho court's order authorizing a conservator to encumber Washington property with a reverse mortgage is entitled to full faith and credit in Washington courts.

We must primarily decide whether the courts below were required to give full faith and credit to the Idaho court orders.

Rule

Under the full faith and credit clause of the U.S. Constitution, states are required to recognize the judgments of sister states unless there is a jurisdictional or constitutional defect.

The full faith and credit clause of the United States Constitution states, 'Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.'

Analysis

The Washington Supreme Court determined that the Idaho court had personal jurisdiction over McKee and that its orders regarding the reverse mortgage were valid. The court emphasized that once jurisdiction is established, the validity of the orders cannot be questioned. Therefore, the Idaho court's orders were enforceable in Washington, and OneWest Bank was entitled to foreclose on the property.

We hold that Washington courts are required to give full faith and credit to the Idaho proceedings. Erickson cannot now attack that court's decisions here.

Conclusion

The Washington Supreme Court reversed the Court of Appeals' decision and held that OneWest Bank was entitled to foreclose on the Spokane property based on the valid Idaho court orders.

We reverse the Court of Appeals.

Who won?

OneWest Bank prevailed in the case because the Washington Supreme Court recognized the validity of the Idaho court's orders, allowing the bank to proceed with the foreclosure.

OneWest is entitled to foreclose its reverse mortgage on the Spokane property.

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