01.30.2014 Order Denying Defendants Motion for Summary Judgment Granting Plaintiffs Cross Motions...
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Transcript of 01.30.2014 Order Denying Defendants Motion for Summary Judgment Granting Plaintiffs Cross Motions...
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IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF SNOHOMISH
JACOB D. BRADBURN, an individual,
Plaintiff,
v.
RECONTRUST COMPANY, N.4., A
limited-purpose national trust bank, et. al.,
Defendants.
No. 11-2-08345-2
ORDER DENYING DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT AND GRANTING
PLAINTIFF’S CROSS-MOTIONS FOR
PARTIAL SUMMARY JUDGMENT
PROCEDURAL BACKGROUND
This matter was heard by the Court on November 1, 2013. Plaintiff Jacob Bradburn
(“Bradburn”) was represented by Scott E. Stafne of Stafne Trumbull, LLC. Defendants Bank
of America, N.A. (“BANA”), ReconTrust Company, N.A, (“ReconTrust”), Mortgage
Electronic Registration Systems, Inc. (“MERS”), and Federal National Mortgage
Association (“Fannie Mae”) were represented by Abraham K. Lorber of Lane Powell, PC.
The Plaintiff filed a Motion for Summary Judgment seeking partial summary
judgment as to Defendant’s liability for violations of the Deed of Trust Act (“DTA”) and
related violations of the Consumer Protection Act (“CPA”). The Defendants filed a Cross
Motion for Summary Judgment on all claims. Each party responded to the others’ motion
and replied to the others’ response. Both parties filed declarations in support of its pleadings.
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Additionally, Bradburn filed an objection, Dkt. 46, to portions of the Defendants’ argument,
declarations and exhibits thereto.
The Court considered the following evidence:
1. Declaration of Leticia Duran (entitled Declaration of ReconTrust), Dkt. 34 and
Exhibits thereto.
2. Declaration of Heather Dispenza, Dkt. 35 and Exhibits thereto.
3. Declaration of Abraham K. Lorber, Dkt. 36 and Exhibits thereto.
4. Declaration of Scott E. Stafne, Dkt. 42 and Exhibits thereto.
5. Declaration of Jacob Bradburn, Dkt. 47 and Exhibits thereto.
6. Legislative History of the DTA pursuant to a Motion by Bradburn, Dkt. 48.
7. Declaration of Scott E. Stafne, Dkt. 49 and Exhibits thereto.
The Court also considered oral arguments of the parties through respective counsel.
ORDER
Based upon the Court’s review of the pleadings and the argument of counsel,
defendant’s motion for summary judgment is denied, plaintiff’s cross motion for partial
summary judgment declaring the nonjudicial foreclosure sale under the Deed of Trust Act
void and setting aside that sale is granted, and plaintiff’s cross motion for partial summary
judgment establishing liability under the Consumer Protection Act is granted.
DATED this 30th
day of January, 2014.
Honorable George N. Bowden
Judge
