IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
MARION RUCKER and APRIL
MILLER and CARL MILLER, as
husband and wife and the marital
community thereof,
Appellant,
v
NOVASTAR MORTGAGE, INC., and
QUALITY LOAN SERVICING OF
WASHINGTON,
Respondent.
Dwyer, J. — Marion Rucker and April Miller appeal from a summary
judgment order dismissing their claims under the Washington deeds oftrust act,
chapter 61.24 RCW (DTA). They contend that genuine issues of material fact
exist regarding whether Rucker’s property was actually sold at a trustee’s sale
and that, accordingly, summary judgment in favor of NovaStar Mortgage, Inc.—
the winning bidder at the disputed trustee’s sale—was improperly granted. They
further contend that, even ifthe sale did occur, itwas invalid because the trustee,
Quality Loan Service Corporation of Washington (QLS), was not properly
appointed by an eligible beneficiary prior to the sale taking place. Because there
are genuine issues of material fact regarding QLS’s authority to conduct a valid
trustee’s sale, we reverse the trial court’s summary judgment order and remand
for further proceedings.
