United States District Court, W.D. Washington, Tacoma
ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS,
GRANTING PLAINTIFF LEAVE TO AMEND, GRANTING PLAINTIFF'S
MOTIONS FOR EXTENSIONS OF TIME AND DENYING PLAINTIFF'S
MOTION TO STRIKE
BENJAMIN H. SETTLE, UNITED STATES DISTRICT JUDGE
matter comes before the Court on Defendants Intercontinental
Exchange, Inc., and Maroon Holding, LLC's (“MERS
Parent Corporations”) motion to dismiss (Dkt. 12),
Defendants Bank of America National Association (“Bank
of America”), Merscorp Holdings, Inc.
(“Merscorp”), and Mortgage Electronic
Registration Systems, Inc.'s (“MERS”) motion
to dismiss (Dkt. 14), Plaintiff Jeremy Wolfson
(“Wolfson”) motion to strike motion to dismiss
(Dkt. 22), and Wolfson's motions for extension of time
(Dkts. 23, 30). 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:
December 21, 2017, Wolfson filed a complaint against MERS
Parent Corporations, Bank of America, Merscorp, and MERS
asserting causes of action for quiet title, violations of the
Federal Debt Collection Practices Act (“FDCPA”),
defamation, declaratory judgment, cancellation of instrument,
replevin, breach of the implied duty of good faith and fair
dealing, an accounting, violations of Washington Deed of
Trusts Act (“DTA”), and violations of Washington
Consumer Protection Act (“CPA”). Dkt. 1.
February 20, 2018, MERS Parent Corporations filed a motion to
dismiss. Dkt. 12. On February 28, 2018, Bank of America,
Merscorp, and MERS (“Loan Defendants”) filed a
motion to dismiss. Dkt. 14. On April 3, 2018, the Court
granted Wolfson's motion for extension of time, renoted
the motions to dismiss for consideration on the Court's
April 20, 2018 calendar, and informed Wolfson that the
deadline for any response is April 16, 2018. Dkt. 21.
April 5, 2018, Wolfson filed a motion to strike the Loan
Defendants' motion to dismiss because their counsel do
not qualify as local counsel under the local rules of
procedure. Dkt. 22. On April 9, 2018, Wolfson filed a motion
for extension of time to reply to the Loan Defendants'
motion. Dkt. 23. On April 10 and 12, 2018, the Loan
Defendants responded to Wolfson's motions. Dkt. 24, 25.
On April 16, 2018, Wolfson responded to the MERS Parent
Corporations' motion to dismiss. Dkt. 26.
April 19, 2018, Wolfson filed a motion for an extension of
time to respond to the Loan Defendants' motion to dismiss
and responded to the motion. Dkts. 30, 31. On April 20, 2018,
MERS Parent Corporations replied. Dkt. 32.
January 10, 2007, Wolfson and Erin D. Huffman
(“Huffman”) signed a note (the
“Note”) in the amount of $279, 000.00 in favor of
First Magnus Corporation (“First Magnus”). In
order to secure the Note, Wolfson and Huffman executed a deed
of trust (“Deed”) against the property located at
16208 132nd Avenue East, Puyallup, Washington 98374 (the
“Property”). Dkt. 12-2. The Deed named MERS as
beneficiary for First Magnus. Id. at 3.
about June 21, 2013, MERS assigned its interest in the Deed
to Bank of America. Dkt. 12-3. On November 8, 2013, Huffman
signed a Quitclaim Deed to Wolfson. Dkt. 15-3. The Quitclaim
was recorded on November 20, 2013. Id.
March 30, 2017, Trustee Corps recorded a Notice of
Trustee's Sale (“NOTS”) against the Property
asserting that Wolfson was over 8 months behind on payments
and setting a trustee's sale for the Property on August
4, 2017. Dkt. 15-4.
August 4, 2017, Wolfson filed a bankruptcy case seeking
relief under Chapter 13. On September 20, 2017, the
bankruptcy court dismissed his case for failure to comply