Invalidating a deed of trust
Beginning in 2011 MERS made a number of assignments and changes in ownership of the note, beneficiary, and trustee using the business practices found to conflict with the Deed of Trust Act. This deed of trust secured payment of a ,000 promissory note. Weirich also executed a power of attorney and an assignment of legal claims to Mr. However, property was not sold on April 19, 2013 and no sale was rescheduled within the 120-day window following service of process. Weirich fell further into arrears on her promissory note and by October 2013 was over 5,000 in arrears.Following these changes, in October 2012, Northwest Trustee Services, Inc. Weirich with a notice of default on behalf of Bank of America. In October 2013, Northwest Trustee recorded an amended notice of trustee’s sale in Chelan County, setting November 15, 2013 as the date of the sale. Merry as holder of a junior deed of trust, included the required form, which stated: Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW .Merry’s interest was eliminated by the sale and that his waiver precluded any right to set aside the sale. Merry cites a number of technical violations in the Deed of Trust Act, including the MERS practices that the Supreme Court found in to violate the Act. Merry contends that Nationstar had no enforceable deed of trust and that the promissory note it held had been rendered void. Merry does not argue that the MERS practices harmed him.The court granted the motion in March 2014 and denied Mr. Instead, he argues that the MERS practices rendered the bona fide, senior obligation secured by the property void, and that because it was void; his junior interest superseded the original obligation.
Most people don’t think they’ll ever actually make a claim on a title policy, but the chances may be higher than most people realize.The reason being that a Warranty Deed not only conveys ownership, but warrants that the title is clear of encumbrances.As a result, if an issue with the title arises down the road, the grantee (i.e.The deed identified Countrywide as the lender, Landsafe Title of Washington as the Trustee, and the Mortgage Electronic Registration Systems, Inc.(MERS) as “a separate corporation that is acting solely as a nominee for Lender and Lender’s successors and assigns.” In , 175 Wn.2d 83, 93, 285 P.3d 34 (2012), the Supreme Court of Washington held that the MERS registry’s business practices in creating and transferring beneficial interests with regard to mortgages conflict with the requirements of Washington’s Deed of Trust Act. Weirich received a notice of trustee’s sale informing her that her property would be sold on April 19, 2013 to satisfy her promissory note she originally gave to Countrywide.