Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Renfroe v. Quality Loan Service Corp. of Washington

United States District Court, E.D. Washington

August 22, 2017

JAN M. RENFROE, Plaintiff,
v.
QUALITY LOAN SERVICE CORP. OF WASHINGTON; BANK OF AMERICA, N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP; CITIBANK, N.A., as trustee of NRZ Pass-Through Trust VI; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and BANK OF NEW YORK MELLON, as trustee on behalf of the Certificateholders of the CWHEQ Inc., CWHEQ, Revolving Home Equity Loan Trust Series 2006-C, Defendants.

          ORDER GRANTING DEFENDANTS BANK OF AMERICA, N.A. AND THE BANK OF NEW YORK MELLON'S, MOTION TO DISMISS

          SALVADOR MENDOZA, JR., United States District Judge

         I. INTRODUCTION

         A deed of trust is a security instrument in which legal title in real property is transferred to a third-party trustee who then holds it as security for a debt between the borrower and the lender. The deed of trust is said to “follow the note” so that the holder of the note is the beneficiary under the deed of trust. The beneficiary under a deed of trust has the power to initiate a nonjudicial foreclosure upon the borrower's default.

         In 2005, Ms. Renfroe and her husband executed a deed of trust against their home in Oroville, WA as security for a loan with Eagle Home Mortgage. The note securing the deed subsequently changed possession several times. In 2014, Bank of America-acting as trustee under the Deed of Trust-commenced a nonjudicial foreclosure proceeding against Ms. Renfroe's Oroville home.

         Ms. Renfroe filed this action in Okanogan Superior Court to halt the foreclosure proceedings. Her complaint names multiple defendants and alleges a host of errors with the foreclosure process. These allegations include that defendants violated the Deed of Trust Act by failing to identify the true beneficiaries in the foreclosure documents and engaged in unfair or deceptive practices in violation of the Consumer Protection Act. Ms. Renfroe seeks declaratory and injunctive relief as well as damages and quiet title.

         Defendants Bank of America, N.A. (Bank of America) and The Bank of New York Mellon, as trustee on behalf of the Certificateholders of the CWHEQ Inc., CWHEQ, Revolving Home Equity Loan Trust Series 2006-C (New York Mellon) (collectively, Defendants) move to dismiss each of Ms. Renfroe's claims against them for failure to state a claim upon which relief can be granted. As discussed below, Ms. Renfroe has not alleged facts sufficient to support her claims against Defendants for declaratory relief, CPA violations, or quiet title. Accordingly, the Court grants Defendants' motion to dismiss and dismisses claims one, three and four of Plaintiff's complaint.[1]

         II. BACKGROUND

         In 2016, Jan Renfroe brought an action in Okanogan Superior Court to delay foreclosure proceedings initiated under a Deed of Trust. ECF. No. 9. The Deed of Trust originated in 2005, when Ms. Renfroe and her then-husband Rand Renfroe took out a loan with Eagle Home Mortgage, Inc. (Eagle Home). ECF No. 1-1 at 1. The Note was secured by a Deed of Trust against the Renfroes' home in Oroville, Washington (the Oroville Property). ECF No. 5-2. The Deed of Trust identifies the Renfroes as borrowers, Eagle Home as the lender, and lists Mortgage Electronic Registration Systems, Inc. (MERS) as beneficiary and lender's nominee. Id. at 1-2.

         Ms. Renfroe fell behind on her home loan payments in 2011, triggering the beneficiary's right to direct a non-judicial foreclosure sale under the Deed of Trust. ECF No. 1-1 at 4. By 2011, however, neither MERS nor Eagle Home retained an interest in the Note or Deed of Trust. Sometime after origination, the Note was sold to the Federal National Mortgage Association (“Fannie Mae”). ECF No. 1-1 at 5. In 2014, Bank of America sent Ms. Renfroe a Notice of Default. Id. The Notice identified Fannie Mae as the debt owner and Bank of America as the loan servicer. Id. In 2015, Bank of America appointed Quality Loan Service Corp. of Washington (Quality) to serve as successor trustee and continue the foreclosure. ECF No. 5-4.

         In December of 2016, Quality issued a Notice of Trustee's Sale. ECF No. 5-7. By this time, however, the Note had again changed hands. After Bank of America issued the Notice of Default, the Note was sold to Citibank as Trustee for NRZ Pass-Through Trust VI (Citibank). See Id. Nationstar Mortgage, LLC (Nationstar) served as Citibank's servicing agent and Quality remained as trustee. Id. The 2016 Notice of Trustee's Sale identified Quality as the trustee under the Deed of Trust and Citibank as the beneficiary. Id.

         Before the auction date set in the Notice of Trustee's Sale, Ms. Renfroe brought an action in state court seeking declaratory relief, an injunction stopping the foreclosure sale, and quiet title. ECF No. 1-1. Defendants removed the action to this Court. ECF No. 1. Defendants Bank of America and New York Mellon now move for dismissal under Federal Rule of Civil Procedure 12(b)(6). ECF No. 7. Defendants also request this Court take judicial notice of several public records so that the Court may consider them in conjunction with Defendants' motion to dismiss. ECF No. 8.

         III. JUDICIAL NOTICE

         Defendants request this Court take judicial notice of the following: Notice of Trustee's Sale (ECF No. 8-1), Assignment of Deed of Trust (ECF No. 8-2), Assignment of Deed of Trust (ECF No. 8-3), Assignment of Deed of Trust (ECF No. 8-4), Deed of Trust (ECF No. 8-5), Deed of Trust (ECF No. 8-6), and Declaration of Jan M. Renfroe in Support of Motion to Restrain Sherriff's Sale and Obtain Restraining Order, filed in Renfroe v. Quality Loan Service Corp. of Washington et al., Case No. 17-2-00156-4, Okanogan County Superior Court (ECF No. 8-7).

         Federal Rule of Evidence Rule 201 permits courts to take judicial notice of adjudicative facts. The Court may take judicial notice of a fact that is not subject to reasonable dispute because it (1) is generally known within the trial court's jurisdiction or (2) can be accurately and readily determined from sources whose accuracy cannot be reasonably ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.