In Jacksons v. Quality Loan Service Corporation of Washington, No. 72-16-3-1 (April 6, 2015), the Washington Court of Appeals (Division 1) affirmed the dismissal of a plaintiff’s claims against various entities connected with a planned nonjudicial foreclosure sale of her house. In so ruling, the court confirmed a number of procedures that together streamline mortgage foreclosure litigation: (1) documents referenced in debtor’s complaint or available from the county record’s office are properly considered in a motion to dismiss, (2) nonjudicial foreclosures are not claims, and (3) a declaration by the holder of the note satisfies Deed of Trust Act (DTA) proof requirements for nonjudicial foreclosure.
First, the court ruled that the trial court properly took judicial notice of the note, addendum, and an allonge because they were referenced in the complaint. The assignment of the deed of trust and recorded appointment of a successor trustee were subject to judicial notice because they were public records easily accessible through the King County Recorder’s Office. Slip op. at 5-6.
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