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Cadle Co. v. Ortiz

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eBook details

  • Title: Cadle Co. v. Ortiz
  • Author : Supreme Court of Washington
  • Release Date : January 17, 2007
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

This appeal arises from a wrongful foreclosure lawsuit. Mary Ester Ortiz and David Ortiz, appellees, obtained a judgment invalidating a lien on their homestead held by The Cadle Company and Cadleway Properties, Inc. ("Cadle"), appellants. The trial court declared a wrongful foreclosure and also awarded the Ortizes attorneys fees. The issues presented are (1) whether a mechanics lien against a marital homestead is valid if the lien documents are not signed by both spouses, and (2) whether attorneys fees are available in a foreclosure case wherein title ultimately depends upon a deeds construction. We hold that the mechanics lien is invalid, and attorneys fees are available. Accordingly, we affirm the district courts judgment on both issues.


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