UTA Files Amicus Brief in Washington Case

Posted on July 7, 2014 Posted By: unitedtrusteesCategories: Case Law

Ann Marshall

UTA has filed an amicus brief in the case of Meyer v U.S. Bank. Ann Marshall, Esq., of Bishop, Marshall & Wiebel, filed the brief on behalf of the Association. In the case, the court held that even though the correct note holder was identified in the NOD and NOS, the trustee could not rely on the servicer for identifying the note holder. The court ruled that the borrower was damaged and with attorney fees the judgment against the trustee exceeded $74,000. The appeal is before the Western District Court of Washington.

In this case, the trial court found the trustee was liable for damages under Washington’s Deeds of Trust Act and violation of Washington’s Consumer Protection Act, based upon the representations made by the beneficiary. UTA’s brief argues that “These actions did not violate the trustee’s duties under the DTA, did not prejudice the grantors of the deed of trust, nor did they violate Washington’s Consumer Protection Act.”

Read UTA’s brief here.

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