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Property Keyed to Chase
Alby v. Banc One Financial
Citation:
156 Wash. 2d 367, 128 P.3d 81 (2006)Facts
In 1992, Eugene and Susan Alby sold part of their family farm to their niece, Lorri Brashler, and her husband, Larry Brashler, for $15,000, though the property’s market value was $100,000. The deed contained a clause providing for automatic reverter to the Albys if the property was mortgaged or encumbered during either of their lifetimes. The purpose of this restriction was to ensure the property remained within the family during the Albys’ lifetimes. Despite this restriction, in 1999, the Brashlers obtained two loans secured by deeds of trust on the property. After the Brashlers defaulted on their payments, the first lender held a trustee’s sale where Banc One purchased the property. Susan Alby then filed a quiet title action, arguing that title had automatically reverted to her when the Brashlers encumbered the property.
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