Legal Opinion

Mellon v. Regional Trustee Services Corp.

Court of Appeals of Washington

Decided July 17, 2014No. 31570-3-IIIPublishedCited by 15 opinions

1Opinion of the Court

Brown, A.C.J.

¶1 Kelly J. and Cynthia L. Mellon appeal the CR 12(b)(6) dismissal of their suit against IndyMac Mortgage Services and its parent organization, OneWest Bank FSB (collectively IndyMac), for alleged wrongful conduct surrounding a forbearance agreement on a defaulted note and deed of trust. The trial court concluded federal regulation preempted state laws implicated in the Mellons’ claims and, regardless, those state laws did not support the Mellons’ claims. The Mellons contend the trial court erred in both conclusions and by failing to expressly decide their various motions and…

2Cases cited65 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  3. Auer v. RobbinsSupreme Court of the United States · 1997
  4. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  5. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982

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3Cited by15 opinions

  1. Jackson v. Quality Loan Service Corp.Court of Appeals of Washington · 2015
  2. Fagerstrom v. Amazon.com, Inc.District Court, S.D. California · 2015
  3. Jonathan Deegan v. Windermere Real Estate/center Isle, Inc.Court of Appeals of Washington · 2017
  4. Merry v. Northwest Trustee Services, Inc.Court of Appeals of Washington · 2015
  5. AIT Worldwide Logistics, Inc. v. Pacific Coast Container, Inc.District Court, N.D. Illinois · 2024

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