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MELLON v. REGIONAL TRUSTEE SERVICES CORP.

No. 31570-3-III.

334 P.3d 1120 (2014)

Kelly J. MELLON and Cynthia L. Mellon, husband and wife, Appellants, v. REGIONAL TRUSTEE SERVICES CORPORATION, Trustee; IndyMac Mortgage Services, A Division of One West Bank, FSB; and One West Bank, FSB, Respondents.

Court of Appeals of Washington, Division 3.

July 17, 2014.

Attorney(s) appearing for the Case

Joseph Paul Delay , Delay Curran Thompson Pontarolo & Walker, Spokane, WA, for Appellant.

Robert W. Norman Jr. , Houser & Allison APC, Long Beach, CA, Emilie Ka-aw Edling , Houser & Allison APC, Portland, OR, for Respondent.

Wesley Jude Werich , Robinson Tait P.S., Seattle, WA, Other Parties.

BROWN, A.C.J.

¶ 1 Kelly J. and Cynthia L. Mellon appeal the CR 12(b)(6) dismissal of their suit against IndyMac Mortgage Services and its parent organization, OneWest Bank FSB (collectively IndyMac), for alleged wrongful conduct surrounding a forbearance agreement on a defaulted note and deed of trust. The trial court concluded federal regulation preempted state laws implicated in the Mellons' claims, and regardless, those state laws did not support the Mellons...

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