Kazen

Kazen v. Premier Mortgage Services of Washington, Inc.

Good Law
78 F. App'x 586
United States Court of Appeals for the Ninth CircuitOctober 16, 2003No. 02-35613; D.C. No. CV-01-01595-TSZCalifornia711 words

Opinion

Lead Opinion

*587 MEMORANDUM **

This case arises out of a dispute over the validity of a trustee’s nonjudicial sale of real estate in Snohomish County, Washington. Plaintiffs Gaius and Donna Kazen quit claimed the real estate to a corporation sole they had created, “Popular Assembly of Sovereign Kazens” (PASK). The Kazens then personally borrowed on the property, signing a deed of trust and promissory note, and claiming they owned the property and had the right to convey it. After the Kazens defaulted on their loan, and the lender proceeded with a nonjudicial sale of the property, the Kazens argued that the deed of trust was invalid because PASK, rather than the Kazens, owned the property.

After losing a quiet title action in State court against Option One and Bankers Trust Co., which is now on appeal, they filed this lawsuit against Premier Mortgage Services of Washington, Inc. (Premier Mortgage), DCBL, Inc., and Bishop, Lynch & White, P.S. alleging claims for violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 (FDCPA), and the Washington Consumer Protection Act. Plaintiffs also alleged conversion and breach of fiduciary duties by DCBL, Inc. and Bishop, Lynch & White. The…

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