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Redwater Associates Inc. v. Wells Fargo Bank, N.A.

United States District Court, W.D. Washington, Tacoma

March 11, 2015

REDWATER ASSOCIATES INC., Plaintiff,
v.
WELLS FARGO BANK, N.A., et al., Defendants.

ORDER DENYING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER

BENJAMIN H. SETTLE, District Judge.

This matter comes before the Court on Plaintiff Redwater Associates, Inc.'s ("Redwater") motion for temporary restraining order (Dkt. 11). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby denies the motion for the reasons stated herein.

I. PROCEDURAL HISTORY

On January 9, 2015, Redwater filed a complaint in Pierce County Superior Court for the State of Washington against Defendants Wells Fargo Bank, N.A. ("Wells Fargo"), Federal National Mortgage Association ("Fannie Mae"), and Northwest Trustee Services, Inc. ("Northwest") (collectively "Defendants"). Dkt. 1, Exh. A. Redwater asserts claims for violations of the Washington Deed of Trust Act, RCW Chapter 61.24 ("DTA"), breach of contract, unjust enrichment, failure to comply with the duty of good faith, breach of the Washington Consumer Protection Act, RCW Chapter 19.86 ("CPA"), and for a declaratory judgment. Id.

On February 20, 2015, Wells Fargo and Fannie Mae removed the matter to this Court. Dkt. 1.

On March 5, 2015, Redwater filed a motion for temporary restraining order. Dkt. 11. On March 6, 2015, Northwest responded. Dkt. 16. On March 9, 2015, Wells Fargo and Fannie Mae responded (Dkt. 17) and filed a request for judicial notice (Dkt. 18).

II. FACTUAL BACKGROUND

On February 25, 2002, Bridget Baldwin ("Baldwin") executed a deed of trust listing HLC Finance, Inc. ("HLC") as the lender ("2002 DOT"). Dkt. 18, Exh. A. The 2002 DOT secured the real property commonly known as 7238 Interlaaken Dr. S.W., Lakewood, WA 98499, and was recorded as Pierce County Auditor's File No. 200202250990. Id.

On April 13, 2009, Baldwin executed a second deed of trust to the Estate of Donald Mayberry. Id., Exh. B. The second deed of trust was recorded as Pierce County Auditor's File No. 200904131102. Id. That same day, Baldwin granted a statutory warranty deed in lieu of foreclosure to the Estate of Donald Mayberry. Id., Exh. C. The statutory warranty deed in lieu of foreclosure was recorded as Pierce County Auditor's File No. 200904131124. Id.

On August 23, 2010, HLC recorded an assignment of deed of trust, assigning the 2002 DOT to Wells Fargo Bank (doing business as Americas Servicing Company). Id., Exh. D. The assignment was recorded as Pierce County Auditor's File No. 201008230061. Id.

On March 3, 2012, Northwest, successor trustee under the 2002 DOT, recorded a notice of trustee's sale. Id., Exh. E. The notice of trustee's sale was recorded as Pierce County Auditor's File No. 201203070420. Id.

On May 22, 2012, Dirk M. Mayberry, Inc. executed a deed of trust in favor of Redwater. Id., Exh. F. The deed of trust was recorded as Pierce County Auditor's File No. 201205220006. Id.

In May 2012, Baldwin filed for bankruptcy under Western District of Washington Bankruptcy Court Cause No. 2:12-bk-15587. Id., Exh. G. The bankruptcy caused an automatic stay of the pending trustee's sale date.

On June 1, 2012, Dirk M. Mayberry, Inc. quitclaimed the property to Redwater in lieu of foreclosure. Id., Exh. H. The quitclaim deed was recorded as Pierce ...


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