Brown v. Bank of America, N.A. (In re Brown)

Citation:
WW-12-1534
Tag(s):
Ruling:
The Ninth Circuit B.A.P. affirmed the Bankruptcy Court's grant of summary judgment dismissing the complaint of the Debtor and the Trustee against Bank of America, its servicer and agent, and MERS. The Debtor and the Trustee filed an action to void the mortgage on the Debtor's property and for damages, under the Fair Debt Collection Practices Act, Washington's Consumer Protection Act, and on theories of wrongful foreclosure under the Washington Deed of Trust Act. The Debtor and the Trustee claimed that BOA did not hold the deed of trust because of invalid assignments and "robo signing". When BOA produced the note with an endorsed assignment, the claims against the Defendants failed, even when certain steps might not have been taken. The BAP also affirmed the holding that enforcing a deed of trust was not the collection of a debt within the meaning of the FDCPA and did not give rise to an action under Washington's CPA.
Procedural context:
Appeal from the United States Bankruptcy Court for the Western District of Washington.
Facts:
The Debtor and the Trustee filed an action against BOA, its agent and servicer, and MERS, claiming that BOA did not validly hold the deed of trust on the Debtor's property and could not foreclose on it because of defects in the assignment of the deed of trust. All of the defendants moved for summary judgment and the bankruptcy court granted the motion finding that when BOA showed it was in possession of the original documents, all of the causes of action had to fail.
Judge(s):
Taylor, Kurtz, and Dunn

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