On May 10, BeCU informed the property that it was not providing sufficient documentation to validate the ownership rights of the Tacoma property. A week later, the estate provided additional documents verifying the status of “successor” and renewed its request for information on the enforced execution. On June 6, BECU informed the estate that a forced sale was scheduled for June 21. However, the sale has been cancelled and no sale is currently underway. Dkt. THIS MATTER is before the court on the defendant Boeing Employees Credit Union (BECU) application for dismissal for non-recovery of a debt. Mr. Dkt. The underlying dispute relates to Carrie Andrea Coineandubh`s estate over mortgage bonds for homes. The estate accuses BECU`s lower head of department, Cenlar FSB, of having entered into a loan modification agreement that BECU, the Master Servicer, subsequently refused. The estate was charged under the Real Estate Settlement Procedures Act (RESPA), The Washington`s Consumer Loan Act (CLA) and the Washington Consumer Protection Act (CPA).
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Therefore, estate notifications with the BECU should not be characterized as “error decisions” and do not trigger the obligations set out in the provisions of Section 1024.35 e). Second, the Court doubts that the estate notifications were sufficiently related to the “credit service” to fall within the scope of 12 U.S.C No. 2605 (e) or 12 CFR No. 1024.35. As explained by the Ninth Circuit, claims related to repayment times are not governed by the provisions of page 2605 (e) and the definition of “error indicator” does not limit the definition of “error message” to the use of credit. See Medrano v. Flagstar Bank, FSB, 704 F.3d 661, 667 (9 cir 2012); but cf. St. Claire v. Ditech Fin., LLC, No. 1:17-CV-3370-AT-JFK, 2018 WL 4850127, at No.
5 (N.D. Sept. 21, 2018) (assuming that the changes to the Dodd Frank Act in Den S. 2605 (k) (1) (c) have expanded the definition of “credit”); Hock Huat Yap v Deutsche Bank Nat`l Tr. Co., No CV-17-00229-TUC-RM, 2018 WL 4095167, at 3 (D. Ariz. August 28, 2018) (question whether Medrano applies to all parts of 2605 (k) (1)). The estate`s argument is that BECU wrongly rejected the amendable agreement, which relates more to the terms of the loan than to its service.