On June 13, 2014, Snohomish County Superior Court Judge George Bowden signed an order after an unlawful detainer trial (which does not involve quiet title) that invalidated the Trustee’s Deed recorded in 2012; denied the Beneficiary/purchaser possession; and, awarded statutory costs and attorney fees to the homeowner.

The Judge found that the assignment of the Beneficial interest to Nationstar by MERS was invalid because MERS never held the note and even if it did, it had already conveyed it to Wells Fargo. He then went on to hold the appointment of QLS as successor Trustee was invalid because Nationstar lacked authority to make the appointment.

That however is only the beginning of the Court rulings. The Judge also found that QLS could not rely on the declaration by Nationstar (prepared by QLS in its normal business practice) which declared Nationstar was the note holder because QLS had breached its statutory duty of good faith and fair dealing owed to the debtor.

The Court did not stop there. The Plaintiff argued the DTA barred the Debtor from making a claim to title because he had not attempted to restrain the sale. The Court ruled that failure of QLS to materially comply with requisites requirements of the DTA resulted in the DTA not applying at all so the issue of waiver was not reached.

The homeowner was successfully represented by John Long and Brett Masch of the Law Firm of John A Long in Issaquah The case name is The Federal National Mortgage Association vs. Brevick, Snohomish County Superior Court Case # 12-2-05605 and is attached along with the Court’s oral ruling.

Attached is a copy of the signed Findings, Conclusions and Order along with a copy of the transcript of the Court’s oral ruling.

Findings of Facts, Conlusions and Order-1

Brevick 05-28-14 Decision Transcript