Legal Opinion

Bavand v. OneWest Bank, FSB

Court of Appeals of Washington

Decided September 9, 2013No. 68217-2-IPublishedCited by 33 opinions

1Opinion of the CourtCox, J.

¶1 Primarily at issue in this appeal of a CR 12(b)(6) dismissal is whether OneWest Bank FSB and Mortgage Electronic Registration Systems Inc. (MERS) met their burden to show that Marisa Bavand failed to show any set of facts that would justify granting relief.1 Also at issue is whether the trial court properly granted the motion to validate the trustee’s sale of Bavand’s property by Regional Trustee Services Corporation (RTS).

¶2 We hold that the motion to dismiss was, for the most part, erroneously granted. The order validating the trustee’s sale was also erroneously granted. We affirm in…

2Cases cited53 opinions

  1. Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
  2. Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
  3. Hangman Ridge Training Stables, Inc. v. Safeco Title InsuranceWashington Supreme Court · 1986
  4. Cervantes v. Countrywide Home Loans, Inc.Court of Appeals for the Ninth Circuit · 2011
  5. Haberman v. Washington Public Power Supply SystemWashington Supreme Court · 1988

48 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Trujillo v. Northwest Trustee Services, Inc.Washington Supreme Court · 2015
  2. Frias v. Asset Foreclosure Services, Inc.Washington Supreme Court · 2014
  3. Marisa Bavand v. Onewest Bank FsbCourt of Appeals of Washington · 2016
  4. Roberta S. Podbielancik, App. v. Lpp Mortgage, Ltd, Res.Court of Appeals of Washington · 2015
  5. Rash v. Providence Health & ServicesCourt of Appeals of Washington · 2014

28 more not listed; retrieve them via the Exa API.

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