Trujillo v. Northwest Trustee Services, Inc. (2014)
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· 109 citation events
across 5 courts.
Showing the 11 strongest citers on record
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Jackson v. Quality Loan Service Corp. (2015)
But see Cashmere Valley Bank v. State, 181 Wn.2d 622, 634 , 334 P.3d 1100 (2014) (investor has no interest in underlying mortgages and deeds of trust and is not a beneficiary of those instruments). ¶29 Furthermore, this court has recently addressed this particular issue in Trujillo v. Northwest Trustee Services, Inc., 181 Wn.
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W. Frazer v. Deutsche Bank National Trust C (2014)
Servs., Inc., 181 Wash.App. 484 , 326 P.3d 768, 774 (2014) (“Absent conflicting evidence, the declaration [of a note holder to a trustee] should be taken as true.”); see also Wash. Rev.Code § 61.24.030(7) (authorizing a trustee' to rely on a beneficiary declaration as evidence that a beneficiary is the owner of a note).
“Absent conflicting evidence, the declaration [of a note holder to a trustee] should be taken as true.”
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W. Frazer v. Deutsche Bank National Trust C (2014)
Servs., Inc., 181 Wash.App. 484 , 326 P.3d 768, 774 (2014) (holding that “[ajbsent conflicting evidence, the declaration [of a note holder under Wash. Rev.Code § 61.24.030(7) ] should be taken as true”).
holding that “[ajbsent conflicting evidence, the declaration [of a note holder under Wash. Rev.Code § 61.24.030(7) ] should be taken as true”
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Daniel J. Wagner & Alice Wagner v. Emc Mortgage, Llc (2016)
Servs., Inc., 181 Wn.
“The holder of the note is entitled to enforce it, regardless of ownership.”
App. 484, 498-500 , 326 P.3d 768 (2014), rev’d on other grounds, 183 Wn.2d 820 , 355 P.3d 1100 (2015). 22 Id. at 497. 23 Id. at 500; RCW 62A.3-301. 24 (Emphasis added.) 25 See RCW 61.24.040 (providing that “[a] deed of trust foreclosed under this chapter shall be foreclosed as[,]” followed by the procedural requirements for conducting only nonjudicial foreclosures). 26 (Emphasis added.) 27 RCW 61.24.050(1). 28 Trujillo, 181 Wn.
explaining that the language of RCW 62A.3--301(i) “makes clear, as did the John Davis court, that the ‘holder’ of a note is entitled to enforce the note. It also makes clear that a ‘holder’ may enforce the note ‘even though the [holder] is not the owner’ of the note’’ (alteration in original
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Butler v. One West Bank, FSB (In re Butler) (2014)
Although the statute’s reference to “owner” has long-puzzled courts, the Division I Court of Appeals recently concluded that the beneficiary “need not show that it is the owner of the note.” See Trujillo v. Northwest Trustee Services, Inc., — Wash.App. -, 326 P.3d 768, 776 (2014).
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Brown v. Department of Commerce (2015)
The declaration said the purported beneficiary, Wells Fargo, was “ ‘the actual holder of the promissory note ... evidencing the ... loan or has requisite authority under RCW 62A.3-301 to enforce said [note].’” Trujillo, 181 Wn.
emphasis added
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Brown v. Dep't of Commerce (2015)
The declaration said the purported beneficiary, Wells Fargo, was "'the actual holder of the promissory note ... evidencing the ... loan or has requisite authority under RCW 62A.3-301 to enforce said [note]."' Trujillo, 181 Wn.
emphasis added
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Deborah Brodie v. Northwest Trustee Services (2014)
See Trujillo, 326 P.3d at 780-781 , 2014 WL 2453092 , at *12-13. 2.
See Truiillo, 326 P.3d at 780 . 10 No. 70062-6-1/11 We affirm.7 OurJlQt WE CONCUR: &#.J 7 For the first time at oral argument, Keller's attorney claimed the notice of default violated the requirements of RCW 61.24.030(8)(l) and Schroeder v. Excelsior Management Group.
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Marisa Bavand v. Onewest Bank Fsb (2016)
Rev. 21 , 26 (2013). 103 Brown, 184 Wn.2d at 536-40 ; see also Trujillo, 181 Wn.