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COLLINGS v. CITY FIRST MORTG. SERVICES, LLC

Nos. 66527-8-I, 66820-0-I.

308 P.3d 692 (2013)

175 Wash.App. 589

Donald COLLINGS and Beth Collings, husband and wife, Respondent, v. CITY FIRST MORTGAGE SERVICES, LLC, a Utah limited liability company f/k/a City First Mortgage Services, L.C.; U.S. Bank National Association as Trustee for the Greenpoint Mortgage Funding Trust Mortgage Pass-Through Certificates, Series 2007-ARI, Appellants, Home Front Holdings, LLC, a Utah limited liability company; Robert P. Loveless and Rebecca Loveless, husband and wife; Andrew J. Mullen and "Jane Doe" Mullen, husband and wife; Gavin Spencer and Margaret Elizabeth Spencer, husband and wife; First American Title Insurance Company, a California corporation, Trustee; "MERS" Mortgage Electronic Registration Systems, Inc., a Delaware corporation; and John Does 1-12, unnamed co-conspirators, Defendants. Executive Trustee Services, LLC, a foreign company, Third-Party Defendant.

Court of Appeals of Washington, Division 1.

July 29, 2013.

Attorney(s) appearing for the Case

David R. Goodnight , Leonard J. Feldman , Stoel Rives LLP, Aric Hamilton Jarrett , Attorney at Law, Seattle, WA, Rochelle L. Stanford , Pite Duncan LLP, San Diego, CA, Jesse A.P. Baker , Pite Duncan, LLP, Mercer Island, WA, for Appellant.

Jeffrey Alan Smyth , Attorney at Law, Shaunta M. Knibb , Howard Mark Goodfriend , Catherine Wright Smith , Smith Goodfriend PS, Seattle, WA, Sage Reeves , Serengeti Law, Bellevue, WA, for Respondent/Cross-Appellant.

Stewart Andrew Estes , Keating, Bucklin & McCormack, Inc., P.S., Seattle, WA, Amicus Curiae on behalf of Washington Defense Trial Lawyers.

BECKER, J.

¶ 1 This consolidated case originated in a foreclosure rescue scheme. The trial court quieted title in the homeowners. One appellant, ordered to pay damages and attorney fees, contends a new trial should be granted because the homeowners did not disclose a settlement they reached pretrial with another defendant. Because no prejudice was shown, we reject this argument. The other appellant contends it holds a superior interest in the home. But that appellant...

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