No. 20-5567

Linda Ames v. HSBC Bank USA, N.A.

Lower Court: Washington
Docketed: 2020-09-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: assignment foreclosure jurisdiction parties quiet-title relationship statute-of-limitations summary-judgment tolling trustee-appointment unjust-enrichment
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (from Petition)

DOES THE COMPLETE ABSENCE FROM THE JURISDICTION OF THIS COURT FROM THE OUTSET OF THE ASSIGNMENT IN 2011 ENTITLE THE PLAINTIFF TO CLAIM THAT THE STATUTE OF LIMITATIONS WAS TOLLED AT ALL TIMES RELEVANT TO THE RELATIONSHIP BETWEEN THE PARTIES?

BECAUSE THE DEFENDANT WAS PAID IN FULL OR PARTIALLY PAID AS A RESULT OF THE CLASS ACTION SETTLEMENT AND OTHER SETTLEMENTS BETWEEN THE INVESTORS AND SERVICERS AND ORIGINATORS AND RECOVERED PRIVATE MORTGAGE INSURANCE PROCEEDS, IS AMES ENTITLED TO CLAIM THE DEFENDANT WAS ALREADY PAID BEFORE THE FORECLOSURE OF HER HOME?

WAS THE DEFENDANT APPELLEE WAS UNJUSTLY ENRICHED WHEN IT COLLECTED THE PROCEEDS OF THE SALE OF HER HOME?

DID AMES WAIVE HER QUIET TITLE, WRONGFUL FORECLOSURE, CONVERSION, AND CIVIL CONSPIRACY CAUSES OF ACTION WHEN SHE FAILED TO ENJOIN THE VOID FORECLOSURE SALE WHERE THERE WAS NO SALE TO ENJOIN, SHE WAS TOLD IT WAS CANCELLED AND THE APPOINTMENT OF THE TRUSTEE WAS VOID?

DID THE COURT ERR IN GRANTING THE MOTION FOR SUMMARY JUDGMENT WHERE IT WAS PREMATURE AS THE DEFENDANT / APPELLEE FAILED AND REFUSED TO RESPOND TO THE DISCOVERY PROPOUNDED FOR MORE THAN A YEAR AFTER BEING ORDERED TO RESPOND?

WAS THE APPOINTMENT OF THE TRUSTEE BY WELLS FARGO VOID WHERE WELLS FARGO HAD ALREADY ASSIGNED ALL THEIR RIGHT TITLE AND INTEREST IN THE NOTE AND MORTGAGE AT THE TIME THEY APPOINTED A SUCCESSOR TRUSTEE?

Question Presented (AI Summary)

Does the complete absence from the jurisdiction of this court from the outset of the assignment in 2011 entitle the plaintiff to claim that the statute of limitations was tolled at all times relevant to the relationship between the parties?

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-11-13
Petition for Rehearing filed.
2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-15
DISTRIBUTED for Conference of 10/30/2020.
2020-09-26
Waiver of right of respondent HSBC Bank USA to respond filed.
2020-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2020)

Attorneys

HSBC Bank USA
Justin T. JastrzebskiAnglin Flewelling Rasmussen, LLP, Respondent
Linda Ames
Linda Ames — Petitioner