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Lyons v. U.S. Bank NA

Supreme Court of Washington, En Banc

October 30, 2014

Winnie Lyons, Appellant ,
v.
U.S. Bank NA, as Trustee for Stanwich Mortgage Loan Trust Series 2012-3, by Carrington Mortgage Services, LLC, et al., Defendants, Northwest Trustee Services, Inc., as Trustee, Respondent

Argued May 27, 2014

Page 1143

[Copyrighted Material Omitted]

Page 1144

Appeal from King County Superior Court 12-2-21502-2 Honorable Jay V. White.

Mary C. Anderson (of Guidance To Justice Law Firm Inc. ), and Melissa A. Huelsman (of Law Offices of Melissa A. Huelsman ), for appellant.

Joshua S. Schaer (of Routh Crabtree Olsen PS ), for respondent.

Ann T. Marshall and Katie A. Axtell on behalf of United Trustees Association, amicus curiae.

Sheila M. O'Sullivan and Audrey L. Udashen on behalf of Northwest Consumer Law Center, amicus curiae.

Eulalia Sotelo, Lisa M. von Biela, and Thomas W. McKay on behalf of Northwest Justice Project, amicus curiae.

John M. Geyman on behalf of Columbia Legal Services, amicus curiae.

Kimberlee L. Gunning and Shannon E. Smith, Assistants Attorney General, on behalf of the Office of the Attorney General, amicus curiae.

AUTHOR: Justice Mary E. Fairhurst. WE CONCUR: Chief Justice Barbara A. Madsen, Justice Charles W. Johnson, Justice Susan Owens, Justice Debra L. Stephens, Justice Charles K. Wiggins, Justice Steven C. González, Justice Sheryl Gordon McCloud, Justice Mary I. Yu.

OPINION

Page 1145

Fairhurst, J.

[181 Wn.2d 779] ¶ 1 Winnie Lyons brought suit against Northwest Trustee Services Inc. (NWTS) based on its conduct as the trustee during foreclosure. Lyons alleged violations of the deeds of trust act (DTA), chapter 61.24 RCW; violations of the Consumer Protection Act (CPA), chapter 19.86 RCW; and the intentional infliction of emotional distress. First, this case asks whether a plaintiff can even bring a cause of action for damages under the DTA or the CPA in the absence of an actual sale of the property. It then asks whether the trial court erred by granting summary judgment in favor of NWTS on all three claims. We affirm the trial ...


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