Lysyy v. Deutsche Bank National Trust Company

Opinion

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3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

9 10 TATYANA LYSYY, et al., CASE NO. C24-0062JLR 11 Plaintiffs, ORDER v. 12 DEUTSCHE BANK NATIONAL 13 TRUST COMPANY, et al., 14 Defendants. 15 On June 23, 2025, the court ordered the parties to appear at a hearing on Tuesday, 16 June 24, 2025, at 9:00 a.m., to proffer evidence regarding Plaintiffs’ quiet title claims. 17 To be specific: 18 • Both parties shall be prepared to address the question of whether judgment 19 should be entered in Plaintiffs’ favor on their quiet title claim based on Defendants’ 20 admission in their briefing that none of the Defendants assert a right, title, or interest in 21 the Property at issue in this case. 22 1 • Plaintiffs shall present the evidence they intend to introduce at trial that 2 supports their contention that the installment payments on the loan at issue in this case

3 have been accelerated. Plaintiffs’ presentation shall include evidence that: (1) the 4 acceleration of the installment loan was made “in a clear and unequivocal manner which 5 effectively apprises the maker that the holder has exercised [its] right to accelerate the 6 payment date[,]” 4518 S. 256th, LLC v. Karen L. Gibbon, P.S., 382 P.3d 1, 6 (Wash. Ct. 7 App. 2016), and (2) the date on which the loan was accelerated. 8 • Defendants shall present the evidence they intend to introduce at trial that

9 supports their contentions that: (1) the installment payments on the loan at issue in this 10 case were not accelerated; and (2) even if the payments were accelerated, the statute of 11 limitations for their foreclosure action has been tolled. Defendants’ presentation 12 regarding the tolling of the statute of limitations shall include (a) a summary of the events 13 that Defendants contend tolled the statute of limitations, (b) the number of days that each

14 event allegedly tolled the statute of limitations, and (c) the total number of days during 15 which the statute of limitations was allegedly tolled. 16 17 Dated this 23rd day of June, 2025. 18

A 19

20 JAMES L. ROBART 21 United States District Judge 22