11:52 AM » Federal Court in Washington Sides with MERS
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Mon, Feb 25 2013 11:52 AM
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MERS
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Court Disagrees with Plaintiff's Interpretation of Bain Decision, Rules "Plaintiff's Position Laks Merit" FOR IMMEDIATE RELEASE CONTACT: Jason Lobo Phone: 703-652-1660 Email: jasonl@mersinc.org Reston, Virginia, February 25, 2013 -MERSCORP Holdings, Inc. today announced that Chief Judge Marsha J. Pechman of the U.S. District Court, Western District of Washington, held that "Plaintiff's bare legal conclusions are not sufficient to uphold his claim" and dismissed with prejudice a three-count complaint alleging violations of Washington's Deed of Trust Act (DTA) and the state's Consumer Protection Act (CPA). In Zalac v. CTX Mortgage Corp., Judge Pechman found that under Washington law a foreclosure sale is a prerequisite to any claim alleging DTA violations and since no foreclosure sale actually occurred - only the initiation of the foreclosure proceedings - the plaintiff's claim fails as a matter of law. " Washington does not recognize a claim for wrongful initiation of foreclosure proceedings," she wrote. Judge Pechman also found no merit to Plaintiff's allegations of consumer protection violations. "Plaintiff's position lacks merit because it is a misapplication of the Washington State Supreme Court's decision in Bain v. Metropolitan Mortg. Group, Inc.," she held. Judge Pechman found that the Bain decision did not rule MERS' role in a deed of trust is an automatic violation of the CPA and that the Plaintiff failed to show how he was deceived by MERS. She ruled, therefore, that "ecause Plaintiff has failed to allege any cognizable deceptive or unfair trade or practice arising out of MERS's involvement, the CPA claim is DISMISSED." "Since the Washington Supreme Court's Bain opinion, multiple courts in Washington have rejected DTA and CPA violation claims against MERS," MERSCORP Holdings' Director for Corporate Communications Jason...