Jametsky v. Olsen (Majority)Annotate this Case
Desperate to save his home from foreclosure, Lawrence Jametsky sought help securing a loan. Through a series of connections, he was introduced to mortgage broker Matthew Flynn. Flynn made Jametsky an offer for a $100,000 loan that would cover Jametsky's debts, save his house, and allow him to regain financial solvency. Instead of receiving a loan, Jametsky deeded his house to Rodney Olsen for $100,000 and entered into an 18-month lease with a buy-back option. After J ametsky realized what had happened months after the fact, he sought relief under the distressed property conveyances act (DPCA), among other things. His suit was dismissed at summary judgment. The Court of Appeals affirmed, finding that Jametsky's property was not distressed at the time of the sale because no certificate of delinquency had been issued by King County. The Supreme Court reversed and remanded: a property can be distressed under RCW 61.34.020(2)(a) before a certificate of delinquency is issued and instruct the trial court to consider a variety of factors in making this factual determination.