RIVER STONE HOLDINGS NW, LLC, a Washington Limited Liability Company, Respondent,
ALICE M. LOPEZ, an individual, and all others occupying SE 35th Loop, Vancouver, WA, Appellant.
GRANTING MOTION TO PUBLISH OPINION
party petitioner moved to publish the opinion filed April 25,
2017 in this case. The court requested that the parties file
an answer to the motion to publish within 10 days of its May
11, 2017 order, but no answers were filed. The court having
considered the motion, and it is hereby
that the final paragraph in the opinion which reads "A
majority of the panel having determined that this opinion
will not be printed in the Washington Appellate Reports, but
will be filed for public record pursuant to RCW 2.06.040, it
is so ordered." is deleted. It is further
that the opinion will now be published.
Lopez appeals the superior court's order directing
issuance of a writ of restitution, granting River Stone
Holdings NW, LLC possession of Lopez's foreclosed home
after she defaulted on her home loan. River Stone purchased
the property at a trustee's foreclosure sale, held
pursuant to the Deeds of Trust Act (DTA), chapter 61.24 RCW.
When Lopez did not timely vacate the property, River Stone
filed an action for unlawful detainer.
argues that the superior court erred in entering the writ of
restitution order and that she was entitled to a jury trial
on River Stone's claim because (1) genuine issues of
material fact existed regarding whether River Stone had
proper title to the property based on deficiencies in the
foreclosure process, (2) a Supreme Court decision regarding
the right to enforce a deed of trust conflicted with an
applicable statute, and (3) federal law prohibited the holder
of Lopez's loan from selling the property to River Stone.
We hold that under the facts of this case, Lopez's claims
are not proper defenses to an unlawful detainer action and
therefore the superior court could not consider them.
Accordingly, we affirm the superior court's order
directing issuance of a writ of restitution in River
2004, Lopez purchased residential property in Vancouver. She
financed her purchase with a loan from Washington Mutual
Bank, secured by a deed of trust. Washington Mutual's
promissory note later was assigned to Deutsche Bank National
Trust Company as trustee for WaMu Mortgage Pass-Through
Certificate Series 2005-AR6 (the Trust). Lopez claims that
this assignment was made by the Federal Deposit Insurance
Corporation (FDIC), presumably as Washington Mutual's
subsequently defaulted on her loan obligation and Deutsche
Bank began foreclosure proceedings under the DTA. Northwest
Trustee Services, the successor trustee for the deed of
trust, held a trustee's sale on November 13, 2015, at
which River Stone purchased the property. The property's
deed was conveyed to River Stone on November 19. The deed
stated that the sale complied with all requirements of the
DTA. Lopez represented to the superior court that she filed a
separate lawsuit to restrain the foreclosure sale, but the
superior court in that lawsuit denied her motion for an
November 17, River Stone sent Lopez a notice to vacate the
property by December 3, 20 days after the trustee's sale.
On December 8, River Stone filed in superior court an
eviction summons, a complaint for unlawful detainer, and a
motion for an order to show cause why the superior court
should not order issuance of a writ of restitution granting
River Stone possession of the property. In her answer, Lopez
denied without elaboration that River Stone was the
property's owner and alleged that the foreclosure sale
filed a brief opposing the unlawful detainer. She argued that
the deed of trust had not been properly assigned to the Trust
before initiation of the foreclosure proceedings, that the
foreclosure proceedings violated the DTA, and that assignment
to the Trust violated federal tax law because the assignment
occurred after the Trust had closed. Lopez submitted no
affidavits or documents supporting her allegations.
superior court held a show cause hearing on January 5, 2016.
Lopez argued that there was a dispute over the property's
ownership. But she presented no evidence to challenge that
River Stone had purchased the property at the trustee's
sale. The superior court ruled that Lopez had not presented a
viable defense to the unlawful detainer, and entered an order
directing issuance of the writ of restitution. The court
clerk issued the writ and the sheriff enforced it.
appeals the superior court's ...