Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

In re Clare House Bungalow Homes, LLC

United States Bankruptcy Court for the Eastern District of Washington
447 B.R. 617 (2011)


Facts

Clare House Bungalow Homes (Clare House) was a senior living facility that filed for bankruptcy. Each resident of Clare House entered a lease, called a Resident Agreement, that required payment of a lump sum for the right to occupy a bungalow and use the common areas of the property until the resident’s death or physical disability. Clare House would then return a set percentage (typically 80 percent) of the lump sum to the resident’s estate and remarket the bungalow. Only two of the residents recorded their Resident Agreements in county records. Twenty-four residents (plaintiffs) did not. Three groups of creditors that had loaned Clare House funds and filed deeds of trust against the property (defendants) sought priority over the residents’ right to occupy the premises under the nonrecorded Resident Agreements. Although the creditors’ due diligence prior to extending the loans varied somewhat, all three groups of creditors extended credit under circumstances that would have placed a reasonable person on notice that the bungalows were rented and occupied.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 458,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 458,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial