MERCERI v. BANK OF NEW YORK MELLON

No. 76706-2-I.

434 P.3d 84 (2018)

4 Wn.App.2d 755

Sandra M. MERCERI, a single woman, Respondent, v. The BANK OF NEW YORK MELLON, a national banking association, as trustee, on behalf of the holders of the Alternative Loan Trust 2006-OA19, Mortgage Pass Through Certificate Series 2006-OA19; and The Bank of New York, as trustee, on behalf of the holders of the Alternative Loan Trust 2006-OA19, Mortgage Pass Through Certificate Series 2006-OA19; and Bank of New York Mellon f/k/a The Bank of New York, as trustee, on behalf of the holders of the Alternative Loan Trust 2006-OA19, Mortgage Pass Through Certificate Series 2006-OA19, Appellants.

Court of Appeals of Washington, Division 1.

FILED: August 13, 2018.


Attorney(s) appearing for the Case

Gregor Hensrude , Klinedinst PC, 701 5th Ave. Ste 1220, Seattle, WA, 98104-7007, Anthony Carmen Soldato , Klinedinst PC, 701 5th Ave. Ste 1220, Seattle, WA, 98104-7007, for Appellant.

Susan Lynne Fullmer , Susan L. Fullmer , Attorney At Law, 150 Nickerson St. Ste 311, Seattle, WA, 98109-1634, Gordon Arthur Woodley , Woodley Law, Po Box 53043, Bellevue, WA, 98015-3043, for Respondent.


PUBLISHED OPINION

¶ 1 Mere default will not alone accelerate the payments due on an installment promissory note. Some affirmative action is required by the holder of the note that makes it clear and unequivocal to the payor that the holder has, in fact, declared the entire debt due. In this case, in the absence of such an...

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