How cited: Trujillo v. Northwest Trustee Services, Inc. · Go Syfert

Trujillo v. Northwest Trustee Services, Inc. (2014)

green · 109 citation events across 5 courts. Showing the 11 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2014 → 2026 · click a year to view the case as of then
201420202026
But See · Wash. Ct. App. · signal: but see
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.
Quote Authority · 9th Cir. · 2 citations in this opinion
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.”
Rule Authority · 9th Cir.
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”
Quote Authority · Wash. Ct. App. · 2 citations in this opinion
Servs., Inc., 181 Wn.
“The holder of the note is entitled to enforce it, regardless of ownership.”
Rule Authority · Wash. Ct. App. · 2 citations in this opinion
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
Rule Authority · Bankr. W.D. Wash. · 2 citations in this opinion
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).
Rule Authority · Wash.
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
Rule Authority · Wash.
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
Cited · 9th Cir. · signal: see
See Trujillo, 326 P.3d at 780-781 , 2014 WL 2453092 , at *12-13. 2.
Cited · Wash. Ct. App. · signal: see · 2 citations in this opinion
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.
Cited (see also) · Wash. Ct. App. · signal: see also
Rev. 21 , 26 (2013). 103 Brown, 184 Wn.2d at 536-40 ; see also Trujillo, 181 Wn.