WASHINGTON | Stephanie Tashiro-Townley v. Bank of New York Mellon (9th Cir. 2014) | AFFIRMED in part, VACATED in part, and REMANDED. | Mortgage Electronic Registration System Inc. was unfairly or deceptively characterized as the beneficiary of a deed of trust

Categorized | STOP FORECLOSURE FRAUD

WASHINGTON | Stephanie Tashiro-Townley v. Bank of New York Mellon (9th Cir. 2014) | AFFIRMED in part, VACATED in part, and REMANDED. | Mortgage Electronic Registration System Inc. was unfairly or deceptively characterized as the beneficiary of a deed of trust

WASHINGTON | Stephanie Tashiro-Townley v. Bank of New York Mellon (9th Cir. 2014) | AFFIRMED in part, VACATED in part, and REMANDED. | Mortgage Electronic Registration System Inc. was unfairly or deceptively characterized as the beneficiary of a deed of trust

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

STEPHANIE TASHIRO-TOWNLEY;
SCOTT C. TOWNLEY,
Plaintiffs – Appellants,

v.

BANK OF NEW YORK MELLON, as
Trustee for the Certificateholders CWL,
Inc. Asset Backed Certificates, Series
2005-10, FKA Bank of New York; et al.,
Defendants – Appellees.

EXCERPT:

However, Washington law provides an exception to the waiver doctrine for claims for damages alleging violations of the Washington Consumer Protection Act (“CPA”). See Wash. Rev. Code § 61.24.127(1)(b). After the district court dismissed plaintiffs’ CPA claim, the Washington Supreme Court decided Bain v. Metropolitan Mortgage Group, Inc., 285 P.3d 34, 51 (Wash. 2012), which held that a plaintiff may meet the public interest element of a CPA claim by alleging that Mortgage Electronic Registration System Inc. was unfairly or deceptively characterized as the beneficiary of a deed of trust. See id. at 49 (elements of a CPA claim). Because the district court did not have the benefit of Bain when it issued its order of dismissal, we remand to allow the court to reconsider plaintiffs’ CPA claim.

AFFIRMED in part, VACATED in part, and REMANDED.

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2 Responses to “WASHINGTON | Stephanie Tashiro-Townley v. Bank of New York Mellon (9th Cir. 2014) | AFFIRMED in part, VACATED in part, and REMANDED. | Mortgage Electronic Registration System Inc. was unfairly or deceptively characterized as the beneficiary of a deed of trust”

  1. GuyFawkesLIves says:

    NOT PUBLISHED????

  2. s. Agha says:

    On final page of Appeal document there are only signatures with NO NAMES IDENTIFYING THE SIGNERS……is this a “created” document?????

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