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BANK OF NEW YORK v. HOOPER

No. 29585-1-III.

263 P.3d 1263 (2011)

The BANK OF NEW YORK, as trustee, Pursuant to the Terms of that Certain Pooling and Servicing Agreement dated as of November 1, 1996 related to Metropolitan Asset Funding, Inc., Mortgage Pass-Through Certificates Series 1996-A, Appellant, v. Brian R. HOOPER and Lisa M. Hooper, Husband and Wife, Sterling Savings Bank, Unifund CCR Partners, Bankers Trust Company of California, Persons in Possession or Claiming Right of Possession, Defendants, Marco T. Barbanti, Royal Pottage Enterprises, Junco & Frost Lavinia, Inc., Respondents.

Court of Appeals of Washington, Division 3.

October 13, 2011.

Attorney(s) appearing for the Case

John Andrew Solseng , Robinson Tait PS, Phillip Eugene Brenneman , Attorney at Law, Seattle, WA, for Appellant.

Timothy W. Durkop , Attorney at Law, Spokane Valley, WA, for Defendants.

Timothy W. Durkop , Attorney at Law, Spokane Valley, WA, Richard William Perednia , Attorney at Law, Spokane, WA, for Respondents.

BROWN, J.

¶ 1 The Bank of New York (BNY) appeals certain trial court orders reconveying a deed of trust and awarding attorney fees. BNY contends the court erred by declaring an ownership interest in the property instead of limiting its order to quieting title against the deed of trust and that attorney fees were not authorized by statute because Respondents were not parties to the deed of trust contract. We agree with...

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