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Jackson v. Quality Loan Service Corp.

Court of Appeals of Washington, Division 1

April 6, 2015

Sandra Shelley Jackson, Appellant,
v.
Quality Loan Service Corporation of Washington et al., Respondents

Reconsideration denied May 7, 2015.

Oral Argument: January 6, 2015.

Page 488

Appeal from King County Superior Court. Docket No: 13-2-15865-5. Judge signing: Honorable Monica Benton. Judgment or order under review. Date filed: 08/08/2013.

Scott E. Stafne, Joshua B. Trumbull, and Emily A. Harris (of Stafne Trumbull PLLC ), for appellant.

Robert J. Bocko (of Keesal Young & Logan ); Daniel J. Park (of Legros Buchanan & Paul ); Fred B. Burnside and Zana Z. Bugaighis (of Davis Wright Tremaine LLP ); and Kathryn P. Salyer and Eleanor A. DuBay (of Tomasi Salyer Baroway ), for respondents.

Authored by Michael J. Trickey. Concurring: Stephen J. Dwyer, Mary Kay Becker.

OPINION

Page 489

Michael J. Trickey, J

[186 Wn.App. 841] [¶1] -- Notification to the state attorney general is a mandatory prerequisite to challenge a statute's constitutionality. Here, the plaintiff sought to have Washington's deeds of trust act (DTA), chapter 61.24 RCW, declared unconstitutional but failed to notify the attorney general as required by statute. Even if the plaintiff in this case were able to pass the procedural bar to her action, we conclude that the DTA is constitutional.

[¶2] Any remaining claims that the plaintiff might have under the DTA have been addressed and disposed of by recent Supreme Court decisions. Accordingly, we affirm the trial court's CR 12(b)(6) dismissal.

FACTS

[¶3] In March 2006, Sandra Shelley Jackson refinanced her home with a $715,000 loan from Cameron Financial Group Inc., dba 1st Choice Mortgage. The loan was evidenced by a promissory note and secured by a deed of trust encumbering Jackson's home located in Seattle. In the deed of trust, 1st Choice Mortgage was identified as " lender," Fidelity National Title as " trustee," and Mortgage

Page 490

Electronic Registration Systems Inc. (MERS) as a " nominee for Lender and Lender's successors and assigns," where MERS is the " beneficiary under this Security Instrument." [1] The deed of trust is recorded under King County Recorder's No. 20060331001860. The note and deed of trust provide for a nonjudicial foreclosure of the property in the event of default, pursuant to the DTA.

[186 Wn.App. 842] [¶4] The loan was subsequently sold to a securitized trust known as the " WAMU Mortgage Pass Through Certificate For WMALT 2006-AR4." [2] In her complaint, Jackson recognizes that under the terms of the note WMALT 2006-AR4 trust is a " note holder." U.S. Bank National Association is ...


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