A recent Washington Supreme Court decision in Luv v. West Coast Servicing may allow mortgage servicers to revisit previously finalized foreclosure cases.
The case began with homeowner Prince Eric Luv, who filed for bankruptcy in 2008 and received a discharge in 2009. Nearly a decade later, West Coast Servicing initiated a nonjudicial foreclosure, which Luv contested, citing the six-year statute of limitations.
Initially, the trial court and the Court of Appeals agreed with Luv, granting him quiet title. However, the Supreme Court's decision
opens the door for lenders and servicers to revisit foreclosure judgments that were previously considered final, particularly in cases where state courts have disagreed on applying foreclosure laws after bankruptcy.
Author's summary: Washington Supreme Court ruling may reopen foreclosure judgments.