A Washington state judge dismissed a borrower's wrongful foreclosure and Washington Consumer Protection Act (CPA) violation complaint, ruling in favor of defendants Fannie Mae, Northwest Trustee Services, and Mortgage Electronic Registration Systems, Inc. (MERS).
The borrower alleged that MERS did not meet the definition of trust deed ""beneficiary"" under Washington law, which would invalidate the MERS assignment of the trust deed to Fannie Mae.
In the case, _Jimenez v. Fannie Mae_, Judge Regina Cahan of the King County Superior Court found the borrower's foreclosure was valid under state law since Fannie Mae, the note holder, is the one that carried out the foreclosure. Judge Cahan also dismissed CPA claim against MERS, and cited the case _Bain v. Metropolitan Mortgage Group_, stating that the ""court determined that a representation that MERS is the deed of trust beneficiary is not a per se violation.""
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