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BAIN v. METROPOLITAN MORTG. GROUP, INC.

Nos. 86206-1, 86207-9.

285 P.3d 34 (2012)

Kristin BAIN, Plaintiff, v. METROPOLITAN MORTGAGE GROUP, INC., IndyMac Bank, FSB; Mortgage Electronics Registration Systems; Regional Trustee Service; Fidelity National Title; and Doe Defendants 1 through 20, inclusive, Defendants. Kevin Selkowitz, an individual, Plaintiff, v. Litton Loan Servicing, LP, a Delaware limited partnership; New Century Mortgage Corporation, a California corporation; Quality Loan Service Corporation of Washington, a Washington corporation; First American Title Insurance Company, a Washington corporation; Mortgage Electronic Registration Systems, Inc., a Delaware corporation; and Doe Defendants 1 through 20, Defendants.

Supreme Court of Washington, En Banc.

Decided August 16, 2012.

Attorney(s) appearing for the Case

Melissa Ann Huelsman , Law Offices of Melissa A. Huelsman, Seattle, WA, Richard Llewelyn Jones , Richard Llewelyn Jones PS, Bellevue, WA, for Plaintiffs.

Ann T. Marshall , Kennard M. Goodman , Bishop White Marshall & Weibel PS, Douglas Lowell Davies , Davies Law Group, Russell Brent Wuehler , DLA Piper LLP, Jennifer Lynn Tait , Nicolas Adam Daluiso , Robinson Tait PS, Seattle, WA, Heidi E. Buck , Bellevue, WA, Charles Thomas Meyer , Attorney at Law, Newport Beach, CA, Robert J. Pratte , Fulbright & Jaworski, LLP, Minneapolis, MN, Robert Norman, Jr. , Houser & Allison, Irving, CA, Mary Stearns , McCarthy & Holthus, LLP, Poulsbo, WA, Melissa Robbins Coutts , San Diego, CA, for Defendants.

James T. Sugarman , Attorney at Law, Seattle, WA, amicus counsel for Attorney General of State of Washington.

Scott Erik Stafne , Rebecca Thorley , Andrew J. Krawczyk Stafne Law Firm, Arlington, WA, Ha Thu Dao , Grand Central Law, PLLC, Lakeland, FL, Timothy Charles Robbins , Nicholas D. Fisher , Attorneys at Law, Everett, WA, amicus counsel for Homeowners' Attorneys.

David A. Leen , Leen & O'Sullivan PLLC, Seattle, WA, Geoff Walsh , Boston, MA, amicus counsel for National Consumer Law Center.

Shawn Timothy Newman , Attorney at Law, Olympia, WA, amicus counsel for Organization United for Reform Our Washington.

John Sterling Devlin, III , Andrew Gordon Yates , Lane Powell, PC, Seattle, WA, amicus counsel for Washington Bankers Association.

CHAMBERS, J.

¶ 1 In the 1990s, the Mortgage Electronic Registration System Inc. (MERS) was established by several large players in the mortgage industry. MERS and its allied corporations maintain a private electronic registration system for tracking ownership of mortgage-related debt. This system allows its users to avoid the cost and inconvenience of the traditional public recording system and has facilitated a robust secondary market in mortgage backed debt...

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