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Andrews v. Countrywide Bank, NA

United States District Court, W.D. Washington

April 1, 2015

DAVID C. ANDREWS, et al., Plaintiffs,
v.
COUNTRYWIDE BANK, NA, et al., Defendants

David C Andrews, Plaintiff, Pro se, BURIEN, WA.

Melinda C Andrews, Plaintiff, Pro se, BURIEN, WA.

For Countrywide Bank, NA, Defendant: Jody M McCormick, Steven Joseph Dixson, LEAD ATTORNEYS, WITHERSPOON KELLEY (SPOKANE), SPOKANE, WA.

For Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage LLC, DB Structured Products, Inc., Deutsche Alt-A Securities, Inc., HSBC Bank USA, N.A, Trustee for the Remic Deutsche Alt-A Securities Mortgage Loan Trust Series 2006-OA1, Defendants: Rebecca Shrader, LEAD ATTORNEY, BISHOP WHITE MARSHALL & WEIBEL, PS, SEATTLE, WA.

Page 1299

ORDER DENYING PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER

JAMES L. ROBART, United States District Judge.

I. INTRODUCTION

This matter comes before the court on pro se Plaintiffs David C. and Melinda C. Andrews' (" the Andrews" ) motion for a temporary restraining order (Mot. (Dkt. # 13)) and Defendants'[1] opposition thereto (Resp. (Dkt. # 14)). The Andrews seek to prevent the non-judicial sale of their property on April 10, 2015. ( See id. at 1-2.) The court has reviewed the Andrews' motion, Defendants' opposition, the complaint, and the governing law. Being fully advised, the court DENIES the Andrews' motion for a temporary restraining order.[2]

II. BACKGROUND

On March 2, 2015, the Andrews filed this lawsuit in the Superior Court for King County, Washington, against Defendants Countrywide Bank, NA (" Countrywide" ); Mortgage Electronic Registration Services, Inc. (" MERS" ); Nationstar Mortgage, LLC (" Nationstar" ); DB Structured Products, Inc. (" DBSP" ); Deutsche Alt-A Securities, Inc. (" DAAS" ); HSBC Bank USA, NA (" HSBC" ); and Does 1-10. (Not. of Rem. (Dkt. # 1) Ex. A (Dkt. # 1-1) at 2-98 (" Compl." ) at 1.) Their complaint alleges that their home loan was paid off when their lender, Countrywide, sold the loan during securitzation, and that the deed of trust securing the loan therefore should have been released at that time. ( See id. ¶ ¶ 14-16.) The complaint further alleges defective transfers of the promissory note ( see id. ¶ ¶ 17-24), and improper assignments of the deed of trust ( see id. ¶ ¶ 26-38). On the basis of these allegations, the complaint asserts claims for breach of contract ( id. ¶ ¶ 41-44); slander of title ( id. ¶ ¶ 45-57); violation of the Fair Debt Collection Practices Act (" FDCPA" ), 15 U.S.C. § 1692, et seq. ( id. ¶ ¶ 58-70); and declaratory relief ( id. ¶ ¶ 71-85).

On March 19, 2015, MERS and Nationstar removed the lawsuit to this court. ( See

Page 1300

Not. of Rem. at 1.) At the time of removal, the Andrews had a motion for a temporary restraining order pending in state court. ( See Ver. of State Ct. Rec. (Dkt. # 2) Ex. A (Dkt. # 2-1) at 123-30.) The Clerk noted the motion on this court's calendar on March 27, 2015. ( See Mot.) The motion seeks to restrain a trustee's sale of the Andrews' property until a hearing can be held to determine whether Defendants should be enjoined from foreclosing on the property. ( See id. at 6.) In addition, the Andrews attach a completed application to proceed in forma pauperis which ...


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