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PETERSON v. CITIBANK, N.A.

No. 67177-4-I.

DANIEL C. PETERSON and KRISTI J. PETERSON, husband and wife, Appellant, v. CITIBANK, N.A., AS TRUSTEE ON BEHALF OF HOLDERS OF THE AMERICAN HOME MORTGAGE ASSETS TRUST 2006-4, MORTGAGE BACKED PASS-THROUGH CERTIFICATES SERIES 2006-4; NORTHWEST TRUSTEE SERVICES, INC.; AMERICAN HOME MORTGAGE SERVICING, INC.; AMERICAN BROKERS CONDUIT; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ALL PERSONS UNKNOWN, CLAIMING ANY VALID SUBSISTING INTEREST, AND RIGHT TO THE POSSESSION IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS' TITLE, OR ANY CLOUD ON PLAINTIFFS' TITLE THERETO; and DOES I-X, INCLUSIVE, Respondents.

Court of Appeals of Washington, Division One.

Filed: September 17, 2012.

Attorney(s) appearing for the Case

Sidney Charlotte Tribe , Talmadge/Fitzpatrick, 18010 Southcenter Pkwy, Tukwila, WA, 98188-4630; Philip Albert Talmadge , Talmadge/Fitzpatrick, 18010 Southcenter Pkwy, Tukwila, WA, 98188-4630; Emmelyn Hart , Talmadge/Fitzpatrick, 18010 Southcenter Pkwy, Tukwila, WA, 98188-4630; Jill J. Smith , Natural Resource Law Group, PLLC, 2217 Nw Market St Ste 27, Seattle, WA, 98107-4062, Counsel for Appellants.

Frederick Brian Rivera , Perkins Coie LLP, 1201 3rd Ave Ste 4800, Seattle, WA, 98101-3099; Heidi E. Buck , Attorney at Law, 13555 Se 36th St Ste 300, Bellevue, WA, 98006-1489, Counsel for Respondents.

UNPUBLISHED OPINION

DWYER, J.

Following the initiation of nonjudicial foreclosure proceedings against their property, Daniel and Kristi Peterson filed suit seeking to enjoin the trustee's sale and alleging various statutory and common law causes of action. The trial court dismissed the Petersons' claims against Mortgage Electronic Registration System, Inc. (MERS) pursuant to CR 12(b)(6) and, in a separate order, dismissed the Petersons' claims against Citibank...

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