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Published Decision out of Washington State - Watson v. NWTS

April 11, 2014

IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON

DANIEL J. WATSON and KETWARIN ONNUM, husband and wife, Respondents,

v.

NORTHWEST TRUSTEE SERVICES, INC.,

Petitioner,
CITIMORTGAGE, INC.;
NATIONAL LEGAL HELP CENTER, INC.; and JOHN DOES 1-10,

Defendants.
No. 69352-2-

DIVISION ONE
PUBLISHED OPINION
FILED: January 21, 2014

Leach, C.J. — Northwest Trustee Services Inc. (NWTS) seeks
discretionary review of the superior court's denial of NWTS's motion for
summary dismissal of the claim by Daniel Watson and Ketwarin Onnum (the
Watsons) for damages allegedly caused by NWTS's breach of the foreclosure fairness act, chapter 61.24 RCW (FFA). The Watsons cross petition, seeking review of the superior court's dismissal of their claims under the Consumer Protection Act, chapter 19.86 RCW (CPA). Because the trial court committed probable error and substantially altered the status quo when it dismissed the Watsons' CPA claims, we grant the Watsons' petition and reverse the trial court's decision. Because the trial court did not commit error when it denied NWTS's No. 69352-2-1 / 2 motion for summary dismissal of the Watsons' FFA claims, we deny NWTS's petition.

Background

In April 2003, Daniel Watson and his wife, Ketwarin Onnum, financed the purchase of a home by executing a promissory note payable to ABN AMRO Mortgage Inc. and a companion deed of trust. Through various mergers and business transactions, CitiMortgage acquired the note and a beneficial interest under the deed of trust. It later appointed NWTS as successor trustee.

On February 5, 2011, NWTS sent the Watsons a notice of default. On March 22, 2011, NWTS recorded a notice of trustee's sale, with the sale scheduled for June 24, 2011.

On June 20, 2011, the Watsons filed for bankruptcy, which caused the trustee sale to be postponed and then canceled. On July 22, 2011, the FFA amended the deeds of trust act, chapter 61.24 RCW (DTA).1 Among other changes, the FFA changed the requirements for preforeclosure notice2 and allowed recovery of damages for violations of the CPA.3

Read more (PDF)

------------------------------------
Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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