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Wolfson v. Bank of America National Association

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

May 31, 2018

JEREMY WOLFSON, Plaintiff,
v.
BANK OF AMERICA NATIONAL ASSOCIATION, et al., Defendants.

          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

         This 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:

         I. PROCEDURAL HISTORY

         On 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.

         On 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.

         On 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.

         On 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.

         II. FACTUAL BACKGROUND

         On 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.

         On or 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.

         On 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.

         On 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 with orders.

         III. DISCUSSION

         A. ...


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