WA Supreme Court: No Attorneys Fees to Trustee Sale Purchaser for Evicting Holdover Owners
Per Curiam decisions are always fun. It means “by the court.” Essentially, the opinion is so non-controversial that the court as a whole issues the ruling, without any particular justice being credited for writing the opinion.
Here, the Steinmans appealed losing their house. Fannie Mae bought the house from the trustee. They tried to claim attorneys’ fees for having to kick the Steinmans out. The court didn’t really grant review as to the kicking the Steinmans out part of it, which was pretty well settled. However, they did address the fees and costs issue related to Fannie Mae. The deed allowed an award of attorneys fees. Fannie Mae, after the default, purchased the property at sale. However, they weren’t a party to the deed, and couldn’t claim attorneys fees on that basis. They also couldn’t claim fees and costs under the Washington Residential Landlord Tenant Act, as the Steinmans were not tenants. No attorneys’ fees for Fannie Mae.