Washington Supreme Court: MERS cannot obtain foreclosure power without note

PDF NOT FOR PUBLICATION – cdn.ca9.uscourts.gov – Systems, Inc. ("MERS"). We affirm. The district court did not err by dismissing Zalac’s claim for wrongful foreclosure in violation of the Washington Deed of Trust Act ("DTA"). No foreclosure sale was ever completed, and Washington law does not recognize a claim for the wrongful institution of foreclosure proceedings.

Only promissory note holders can initiate foreclosures in. – Only promissory note holders can initiate foreclosures in Washington state. Simply put, if MERS does not hold the note, it is not a lawful beneficiary.". The court reasoned that the deed of trust act must be construed in favor of borrowers since it provides an easy mechanism for foreclosure, without judicial oversight.

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MERS Servicer Letter - STOP a Foreclosure! PDF Foreclosing on Nothing: The Curious Problem of the Deed of. – Foreclosing on Nothing: The Curious Problem of the Deed of Trust Foreclosure Without Entitlement To Enforce the Note. Dale A. Whitman Drew Milner In this article we propose to examine the extent to which a party conducting a nonjudicial foreclosure of a mortgage or deed of trust must establish that it is entitled to

PDF R OF THE STATE OF WASHINGTON SANDRA SHELLEY JACKSON, v. – SUPREME COURT STATE OF WASHINGTON Jul 08, 2015, 3:04pm BY RONALD R CARPENTER. B. Jackson Cannot Assert on Appeal the Trustee Acted. MERS is claiming that it is Note holder (i.e., beneficiary as a matter of Washington law).

washington supreme court: mers cannot obtain foreclosure power. – Washington Supreme Court: MERS cannot obtain foreclosure power. its interpretation of Washington law, "if MERS does not hold the note,

NOTICE: SLIP OPINION (not the court's final. – Washington Courts – ("MERS") acting as nominee for. foreclosure of a deed of trust without accelerating the maturity date. automatically upon invocation of the power of sale.. The loan was documented by a promissory note dated May 25, foreclosure prior to the sale, and (3) failed to bring an action to obtain a court order.

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Washington State Supreme Court: MERS May Not Foreclose Unless. – 1. Mers cannot be the beneficiary without holding the note. That decision is not terribly surprising. 2. The court did not answer the question of the legal effect of MERS acting as beneficiary. That is extremely disappointing, but most likely due to the case having come up from the US District Court as a certified question to the Supreme Court.

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Washington Supreme Court Allows Consumer. – usfn.org – October 7, 2015 . by Joshua Schaer RCO Legal, P.S. – USFN Member (Oregon, Washington) In Trujillo v.Northwest Trustee Services, Inc., the Supreme Court of Washington ruled that a trustee cannot rely on an "ambiguous" declaration from the beneficiary that contains language referencing UCC 3-301 as adopted by state statute.