Washington State Ruling Impacts Foreclosures

Plaintiff Laura Jordan defaulted on a mortgage payment, and one day after returning home from work, she could not enter the house: the locks had been changed without warning. Nationstar Mortgage left a notice on the house that she needed to contact them to retrieve her belongings. Jordan removed those belongings the next day, and did not return. The house was secured by a deed of trust that contained provisions that allowed Nationstar to enter her home upon default without providing any notice. The issue this case presented for the Washington Supreme Court’s review was whether those provisions conflicted with Washington law. Jordan represented a class action proceeding in federal court, which certified two questions of Washington law: (1) whether the deed of trust provisions conflicted with a Washington law that prohibited a lender from taking possession of property prior to foreclosure; and (2) whether Washington’s statutory receivership scheme was the exclusive remedy by which a lender may gain access to the property. The Washington Supreme Court held that the deed of trust provisions in this case conflicted with Washington law because they allowed Nationstar to take possession of the property after default. Furthermore, the Court held that nothing in Washington law established the receivership statutes as an exclusive remedy.