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McCURRY v. CHEVY CHASE BANK, FSB

No. 81896-7.

233 P.3d 861 (2010)

Anne and Chris McCURRY, on behalf of themselves and others similarly situated, Petitioners, v. CHEVY CHASE BANK, FSB, Respondent.

Supreme Court of Washington, En Banc.

Decided June 24, 2010.

Attorney(s) appearing for the Case

Roblin John Williamson, Williamson & Williams, Bainbridge Island, WA, Guy William Beckett, Berry & Beckett, P.L.L.P., Seattle, WA, Mark Adam Griffin, Keller Rohrback, L.L.P., Seattle, WA, for Petitioners.

Timothy J. Filer, Neil Armstrong Dial, Foster Pepper, P.L.L.C., Seattle, WA, Jeffrey S. Miller, ConocoPhillips Company, Houston, TX, Emanuel Jacobowitz, Attorney at Law, Mountlake Terrace, WA, for Respondent.

Jeffrey R. White, Washington, DC, amicus counsel for American Association for Justice.

James T. Sugarman, Shannon E. Smith, Office of the Attorney General, Seattle, WA, amicus counsel for Office of the Attorney General.

Stewart Andrew Estes, Keating, Bucklin & McCormack, Inc., P.S., Seattle, WA, amicus counsel for Washington Defense Trial Lawyers.

George M. Ahrend, Ahrend Law Firm, P.L.L.C., Moses Lake, WA, Bryan Patrick Harnetiaux, Attorney at Law, Spokane, WA, amicus counsel for Washington State Association for Justice Foundation.

SANDERS, J.

¶ 1 We are asked to decide whether the state laws at issue here are preempted by federal regulation of federal savings associations. To reconvey title, Chevy Chase charged fax and notary fees that Anne and Chris McCurry argue were not permitted by the deed of trust. The trial court held state laws supporting the McCurrys' contract and consumer protection claims were preempted by federal regulation. The Court of Appeals affirmed. But these laws are...

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