Cuzdey v. Landes

198 Wn. App. 1033 (2017)

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Nature of the Case

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Facts

In 1983, Benny and (D) purchased a five-acre parcel of undeveloped property. They permitted and paid for the installation of a well, septic system, and electrical services to serve an older mobile home on the property. D's daughter, Karla, and her then-husband, Patrick Cuzdey (P), moved into the mobile home in 1994. P claims that pursuant to an oral agreement, D purchased the property for him and he agreed that he would repay the $10,000 debt through “physical labor, mechanical work, and construction work on their equipment.” In 1985, the Landeses obtained a loan and purchased a newer Nova Commodore mobile home (Nova) for the Cuzdeys to live in. The Nova was registered as a vehicle and taxed as personal property. The Landeses “agreed to sell it to [the Cuzdeys] for the same price which was $14,660.80 on the same installment terms.” The last payment on the loan was made in 2005 and the loan closed. The Cuzdeys also paid the personal property taxes for the Nova. In 1996 the Landeses purchased, installed, and moved into a new Goldenwest double-wide manufactured home on the property. The Landes purchased the Goldenwest home by mortgaging the property. In 1997, they eliminated the Department of Licensing title to the Goldenwest home, by converting it from personal property to real property. The value of the home was added to their real property tax parcel. Since their purchase of the property in 1983, the Landeses paid the real property taxes for the full property. From 1997 to the present, the property tax has included the value of the Goldenwest home. Benny Landes died and D inherited her husband's interest in the property. D continued to live in the Goldenwest home and continued to pay property taxes for the entire property. D refinanced the property in 2001 and granted a deed of trust to Washington Mutual. In May 2014, Karla and P dissolved their marriage. Neither the petition nor decree identified any real property. Karla (moved off of the property. P continued to reside in the Nova. In June 2014, D served P with a notice to terminate the tenancy on the real property. P filed an action to quiet title to the property pursuant to the claimed 1984 oral contract. P claimed the purchase price had been paid off and work performed on the property and other real and personal property of the Landeses. D admitted that P and Wallen purchased and paid off the Nova, but denied the existence of an oral contract for the real property. P added a claim to quiet title to the Nova. D appealed from a summary judgment to P. P appealed.