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FRIAS v. ASSET FORECLOSURE SERVICES, INC.

No. 89343-8.

334 P.3d 529 (2014)

Certification from the United States District Court for the Western District of Washington in Florence R. FRIAS, Plaintiff, v. ASSET FORECLOSURE SERVICES, INC.; LSI Title Agency, Inc.; U.S. Bank, N.A.; Mortgage Electronic Registration Systems, Inc.; and Doe Defendants 1-20, Defendants.

Supreme Court of Washington, En Banc.

September 18, 2014.

Attorney(s) appearing for the Case

Melissa Ann Huelsman , Law Offices of Melissa A. Huelsman, Seattle, WA, for Plaintiff.

Katrina Eve Glogowski , Glogowski Law Firm, PLLC, Kimberly M. Hood , Attorney at Law, Brian L. Lewis , Ryan, Swanson & Cleveland PLLC, Lauren E. Sancken , David John Lenci , K & L Gates LLP, Stephen Michael Rummage , Davis Wright Tremaine LLP, Fred B. Burnside , Rebecca J. Francis , Davis Wright Tremaine LLP, Seattle, WA, Andrew H. Salter , Teton Law Group LLC, Jackson, WY, Lisa Franklin , The Franklin Law Office LLC, Redmond, WA, for Defendants.

Richard Llewelyn Jones , Kovac & Jones, PLLC, Bellevue, WA, Ha Thu Dao , Grand Central Law, PLLC, Seattle, WA, Amicus Curiae on behalf of COAlition for Civil Justice.

Kathleen M. O'Sullivan , Frederick Brian Rivera , Catherine Susan Simonsen , Perkins Coie LLP, Seattle, WA, Amicus Curiae on behalf of Washington Bankers Association.

Benjamin Jerauld Roesch , Attorney General of Washington, Seattle, WA, Amicus Curiae on behalf of Attorney General of Washington.

John Matthew Geyman , Columbia Legal Services, Seattle, WA, Amicus Curiae on behalf of Columbia Legal Services.

Sheila M. O'Sullivan , Northwest Consumer Law Center, Seattle, WA, Amicus Curiae on behalf of Northwest Consumer Law Center.

Eulalia Sotelo , Attorney at Law, Seattle, WA, Lisa Marie Von Biela , Lisa M. von Biela , Issaquah, WA, Amicus Curiae on behalf of Northwest Justice Project.

FAIRHURST, J.

¶ 1 We have been asked by the United States District Court for the Western District of Washington to determine whether state law recognizes a cause of action for monetary damages where a plaintiff alleges violations of the deeds of trust act (DTA), chapter 61.24 RCW, but no foreclosure sale has been completed. We are also asked to articulate the principles that would apply to such a claim under the DTA and the Consumer Protection Act (CPA), chapter...

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