Merry v. Northwest Trustee Services, Inc.

¶ 1 Thomas Merry appeals the dismissal of a declaratory judgment action in which he sought to establish the priority of his deed of trust on a residential property after a trustee, claiming to act on behalf of Nationstar Mortgage LLC, commenced nonjudicial foreclosure. Relying on Bain v. Metropolitan Mortgage Group, Inc., *177175 Wn.2d 83, 93, 285 P.3d 34 (2012), Mr. Merry contends that Nationstar had no enforceable deed of trust and that the promissory note it held had been rendered void. But Mr. Merry took no action to restrain the trustee’s sale. After the sale was completed, Nationstar…