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.

Wheeler v. Wells Fargo Home Mortgage

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

May 31, 2018

KARRI WHEELER, Plaintiff,
v.
WELLS FARGO HOME MORTGAGE, Defendant.

          ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS, GRANTING PLAINTIFF LEAVE TO AMEND, AND DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND

          BENJAMIN H. SETTLE United States District Judge

         This matter comes before the Court on Defendant Wells Fargo Home Mortgage's (“Wells Fargo”) motion to dismiss (Dkt. 7) and Plaintiff Karri Wheeler's (“Wheeler”) motion to amend (Dkt. 17). The Court has considered the pleadings filed in support of and in opposition to the motions and the remainder of the file and hereby rules as follows:

         I. PROCEDURAL HISTORY

         On December 20, 2017, Plaintiff Karri Wheeler (“Wheeler”) filed a complaint against Wells Fargo in Cowlitz County Superior Court for the State of Washington. Dkt. 1-1 at 1-57. Wheeler asserts four causes of action without identifying the legal basis for her claims or what statutes were violated. Id. ¶¶ 153-172.

         On January 24, 2018, Wells Fargo removed the matter to this Court asserting that the Court has diversity jurisdiction under 28 U.S.C. § 1332. Dkt. 1, ¶ 2.

         On January 31, 2018, Wells Fargo moved to dismiss Wheeler's complaint. Dkt. 7. Wells Fargo contends that Wheeler asserts claims for violations of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. §§ 2601-2617, the Washington Consumer Protection Act (“CPA”), RCW Chapter 19.86, and the Washington Deed of Trust Act (“DTA”), RCW Chapter 61.24. Id. at 6-7. Wells Fargo also filed a request for the Court to take judicial notice of various documents relating to Wheeler's claims. Dkt. 8.

         On April 8, 2018, Wheeler filed an opposition to Wells Fargo's request for judicial notice and filed a motion to amend her complaint. Dkts. 16-17. On April 5, 2018, Wells Fargo replied to Wheeler's opposition to judicial notice. Dkt. 18. On April 16, 2018, Wells Fargo responded to Wheeler's motion to amend. Dkt. 20.

         II. FACTUAL BACKGROUND

         On April 28, 2006, Wheeler and her husband Joseph (collectively “Wheelers”) signed a note borrowing $72, 000 from Wells Fargo secured by a deed of trust on property located at 915 S. 7th Ave Kelso, WA. Dkt. 8, Exhs. 1-2. On May 19, 2010, Joseph quitclaimed all interest in the property to Wheeler. Id., Exh. 5.

         In February 2014, Wheeler failed to make her payments because of financial hardship and the loan entered default. Dkt. 1-1, ¶ 11. On April 4, 2014, Wheeler filed a voluntary bankruptcy petition seeking chapter 13 relief for “business debts.” Dkt. 8, Exh. 6. On December 29, 2014, the quitclaim deed was filed in the Cowlitz County Recorder's office. Id., Exh. 5.

         On July 10, 2017, Northwest Trustee Services, Inc. (“NTS”) sent the Wheelers a notice of default. Id., Exh 3. On August 17, 2017, NTS sent the Wheelers a notice of trustee's sale with a scheduled sale date of December 22, 2017. Id., Exh. 4.

         On January 2, 2018, Wheeler submitted an amended chapter 13 plan. Id., Exh. 8. As part of the plan, Wheeler represented to the bankruptcy court that she would “immediately attempt to sell real property located at: 915 S 7th, Kelso, Washington” and that the “[n]et proceed, if any, shall be paid to the Trustee for distribution through the plan.” Id.

         III. DISCUSSION

         A. ...


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.