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Albice v. Dickinson Case in WA State

Albice v. Dickinson Case in WA State

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Published by Martin Andelman
This decision reversed the lower court and allowed a borrower to get their property back as a result of an invalid trustee sale.
This decision reversed the lower court and allowed a borrower to get their property back as a result of an invalid trustee sale.

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Categories:Types, Research, Law
Published by: Martin Andelman on Sep 19, 2012
Copyright:Attribution Non-commercial

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09/19/2012

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IN THE SUPREME COURT OF THE STATE OF WASHINGTON
CHRISTA L. ALBICE, a married woman,)and BART A. TECCA and )No. 85260-0KAREN L. TECCA, husband and wife,))Respondents,))v.)En Banc)PREMIER MORTGAGE SERVICES OF)WASHINGTON, INC., a Washington)corporation; OPTION ONE MORTGAGE)CORPORATION, a California corporation,))Defendants,))RON DICKINSON and“JANE DOE”)DICKINSON, husband and wife,))Petitioners.)___________________________________)Filed May 24, 2012C. JOHNSON, J.—This case involves interpretation of the deeds of trust act,chapter 61.24 RCW, and the statutory procedural requirements for nonjudiciallyforeclosing on an owner’s interest. This case also involves whether, under the factshere, the property owner waived the right to challenge the saleand whether thepurchaserofthenonjudicial foreclosure sale statutorily qualifies as a bona fide
 
 Albice v. Dickinson
, Cause No. 85260-02purchaser (BFP).The trial court ruled thatdespite procedural noncompliance, the purchaserwas a BFP under the statute and quieted title in the purchaser. The Court of Appealsreversed, holding that failure to comply with the statutory requirements was reasonto set the sale asideand that factually, the purchaser did not qualify as a BFP. Weaffirm the Court of Appeals.FACTSChrista Albice and Karen Tecca (hereinafter Tecca) inherited the property atissue here. In 2003, Tecca borrowed $115,500 against the property. Clerk’s Papers(CP) at 305. The property was appraised at $607,000 in 2003(CP at 1038)and at$950,000 in 2007. CP at 394. The loan was serviced by Option One MortgageCorporation (Option One), and Premier Mortgage Services of Washington (Premier)acted as the trustee. Option One and Premier shared databases, having access to thesame loan information, and everyone who worked for Premier was an employee of Option One.In 2006, Tecca defaulted on the loan and received a notice of trustee’s sale,setting the foreclosure sale for September 8, 2006. CP at 460. Tecca then, in July2006,negotiated and entered into a forbearance agreement to cure the default. The
 
 Albice v. Dickinson
, Cause No. 85260-03
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Although four or five bidders showed up at the original sale date, only two bidders, onebeing Dickinson’s agent, appeared at the February 16 sale.CP at 360, 426.
total reinstatement amount was for $5,126.97, which included $1,733.79 forestimated foreclosure fees and costs. CP at 471. Under the agreement, paymentswere due the 16th of each month, ending January 16, 2007.CP at 472. AlthoughTecca tendered each payment late, Option One accepted each payment, except forthe last. The last payment was sent on February 2, 2007, but was rejected by OptionOne. During a deposition, Premier’s representative, an Option One employee,testified that the last late payment was the only breach of the ForbearanceAgreement. CP at 259. Tecca learned thefinal payment was rejected on February10, 2007, and the payment was refunded on February 16, 2007. Although theForbearance Agreement provided that upon breach, a 10-day written notice wouldbe sent, Tecca never received this notice.CP at 468, 454.The trustee’s sale originally set for September 8, 2006 was continued sixtimes. Each continuance was tied to the payments Tecca made under theForbearance Agreement. The foreclosure sale took place on February 16, 2007. CPat 352-59.Through an agent, the petitioner, Ron Dickinson, successfully bid$130,000 for the property.
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Dickinson has purchased about 9 of his 13 properties at nonjudicial

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