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Property Law Keyed to Kurtz
Alby v. Banc One Financial
Citation:
156 Wash.2d 367, 128 P.3d 81Facts
Eugene and Susan Alby sold their family farm to their niece and her husband (the Brashlers). The deed to the property contained a clause that provided that ownership would automatically revert to the Albys if the property were mortgaged or encumbered. The parties included these restrictions as a means of ensuring that the land remained within the family during the Albys’ lifetimes. Despite this clause, the Brashlers obtained multiple bank loans by executing multiple deeds of trust for the property. After the Bashlers defaulted on their payments, one of these banks held a trustee’s sale. Banc One purchased the property. Susan Alby subsequently filed a quiet title action.
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