RUCKER vs NOVASTAR MORTGAGE, INC | WASH. Appeals Court - there are genuine issues of material fact regarding QLS's authority to conduct a valid trustee's sale
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
MARION RUCKER and APRIL MILLER and CARL MILLER, as husband and wife and the marital community thereof, Appellant, v NOVASTAR MORTGAGE, INC., and QUALITY LOAN SERVICING OF WASHINGTON, Respondent. Dwyer, J. — Marion Rucker and April Miller appeal from a summary judgment order dismissing their claims under the Washington deeds oftrust act, chapter 61.24 RCW (DTA). They contend that genuine issues of material fact exist regarding whether Rucker's property was actually sold at a trustee's sale and that, accordingly, summary judgment in favor of NovaStar Mortgage, Inc.— the winning bidder at the disputed trustee's sale—was improperly granted. They further contend that, even ifthe sale did occur, itwas invalid because the trustee, Quality Loan Service Corporation of Washington (QLS), was not properly appointed by an eligible beneficiary prior to the sale taking place. Because there are genuine issues of material fact regarding QLS's authority to conduct a valid trustee's sale, we reverse the trial court's summary judgment order and remand for further proceedings.