1

Samuel and Roxy Salmon, hereafter referred to as Plaintiff are listed as borrower on

Deed of Trust at Stevens County Recorders Office Auditors File # 2007 0012467, 2007

0012468 (Exhibits A & B), in Stevens County, WA, are suing Bank of America FKA

Countrywide for illegally collecting monies on promissory note recorded by deeds of

trust and, are fraudulently claiming to be the lender, and or beneficiary of promissory

note recorded by said Deeds of Trust in Stevens County, WA.

The “Corporation Assignment of Deed of Trust at Stevens County Recorders Office

Auditors File # 2010 0007023” recorded September 23, 2010 (Exhibit C), “Notice of

Default” was issued by BAC on property located at 917 A PHILPOTT ROAD COLVILLE,

WA. 99114 (Exhibit D) post marked September 02, 2010, and “Notice to Resident of

property subject to foreclosure sale” was issued by BAC on property located at 917 A

PHILPOTT ROAD COLVILLE, WA. 99114 (Exhibit E) October 21, 2010.

PLAINTIFF AFFIRMS THAT, According to the Corporation Assignment of Deed of Trust

on filed under the authority of Stevens County Auditor, in Stevens County, WA, BAC

HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP

RECONTRUST COMPANY, N.A. as agent for beneficiary (Exhibit C), are not legally

qualified as a Lender, or Trustee, or the Beneficiary, under RCW 61.24.010 (3), (4), as

the Trustee ReconTrust Company, N.A. is a wholly-owned subsidiary of Bank of

America and is fiducially responsible entirely to The Lender.

RCW 61.24.010
Trustee, qualifications — Successor trustee.
(3) The trustee or successor trustee shall have no fiduciary duty or fiduciary
obligation to the grantor or other persons having an interest in the property subject
to the deed of trust.
(4) The trustee or successor trustee has a duty of good faith to the borrower,
beneficiary, and grantor.
 2

The Plaintiff asserts that the Note and Deed of Trust were not properly assigned to BAC

and, therefore it is not the Legal holder of the Note and Deed of Trust, it lacks standing

to enforce any claim on said property. For the reasons that follow, the Plaintiff finds that

BAC has not proven that it is the holder of the original Note according to RCW

61.24.030 “the trustee shall have proof that the beneficiary is the owner of any

promissory note or other obligation secured by the deed of trust.” Any proof offered by

the trustee other than the original “PROMISSORY NOTE” is not acceptable do to

engaged illegal activities by Trustee, and Lender, therefore according to it lacks

standing to issue any claim on Plaintiffs property. On October 19, 2007, Plaintiffs

Samuel Salmon, and Roxy E. Salmon executed a promissory note in the original

principal amount of $409,422.53, for the purchase of their home. The Note was made

payable to Countrywide Bank. The Note is secured by a Deed of Trust on the home.

The Deed of Trust identifies the beneficiary as “Mortgage Electronic Registration

Systems, Inc. (‘MERS’),” and states that “MERS is a separate corporation that is acting

solely as nominee for Lender and Lender’s successors and assigns.” The “Lender” is

identified as Countrywide Bank, The Trustee is identified as “Landsafe Title of

Washington” which was owned by Countrywide Bank, and this makes Landsafe Title

fiducially responsible to Countrywide Bank which is illegal according to, RCW 61.24.010

(3) The trustee or successor trustee shall have no fiduciary duty or fiduciary

obligation to the grantor or other persons having an interest in the property

subject to the deed of trust.

When Countrywide Bank went out of business for predatory lending, and BAC assumed

the position of Lender, and Trustee, they failed to register the conveyance with the local

counties Auditor, in a timely manner according to RCW 61.24.010 (2) thereby further
 3

nullifying the security instrument, furthermore the Corporation Assignment of Deed of

Trust #2010 0007024 which was filed 9/23/2010, is invalid and illegal according to RCW

61.24.010, RCW 61.24.020, RCW 61.24.030, RCW 65.08.070, RCW 64.04.020. BAC

does not qualify as a lender while owning the trustee company. MERS has no interest in

the property therefore has no authority to transfer the note as a nominee, see Walker

vs. BAC Case # 10-21656 - E -11

RCW 61.24.010 Trustee, qualifications — Successor trustee.

(2) The trustee may resign at its own election or be replaced by the beneficiary. The
trustee shall give prompt written notice of its resignation to the beneficiary. The
resignation of the trustee shall become effective upon the recording of the notice
of resignation in each county in which the deed of trust is recorded. If a trustee is
not appointed in the deed of trust, or upon the resignation, incapacity, disability,
absence, or death of the trustee, or the election of the beneficiary to replace the
trustee, the beneficiary shall appoint a trustee or a successor trustee. Only upon
recording the appointment of a successor trustee in each county in which the deed
of trust is recorded, the successor trustee shall be vested with all powers of an
original trustee.

RCW 61.24.020

Deeds subject to all mortgage laws — Foreclosure — Recording and indexing —

Trustee and beneficiary, separate entities, exception.

Except as provided in this chapter, a deed of trust is subject to all laws relating to
mortgages on real property. A deed conveying real property to a trustee in trust to
secure the performance of an obligation of the grantor or another to the beneficiary may
be foreclosed by trustee's sale. The county auditor shall record the deed as a mortgage
and shall index the name of the grantor as mortgagor and the names of the trustee and
beneficiary as mortgagee. No person, corporation or association may be both trustee
and beneficiary under the same deed of trust:

 RCW 64.04.020
Requisites of a deed.
Every deed shall be in writing, signed by the party bound thereby, and acknowledged by
the party before some person authorized by *this act to take acknowledgments of
deeds.
 4

 RCW 61.24.030
(5) That the deed of trust has been recorded in each county in which the land or some
part thereof is situated.
(6) That prior to the date of the notice of trustee's sale and continuing thereafter through
the date of the trustee's sale, the trustee must maintain a street address in this state
where personal service of process may be made, and the trustee must maintain a
physical presence and have telephone service at such address;
(7)(a) That, for residential real property, before the notice of trustee's sale is recorded,
transmitted, or served, the trustee shall have proof that the beneficiary is the owner of
any promissory note or other obligation secured by the deed of trust. A declaration by
the beneficiary made under the penalty of perjury stating that the beneficiary is the
actual holder of the promissory note or other obligation secured by the deed of trust
shall be sufficient proof as required under this subsection.
(b) Unless the trustee has violated his or her duty under RCW 61.24.010 § (4), the
trustee is entitled to rely on the beneficiary's declaration as evidence of proof required
under this subsection.

The original Deed of Trust was recorded with the Stevens County Recorder on

November 26, 2007. On 4/1/2009 BAC declared to be the new lender and began billing

the Plaintiffs for the mortgage payments on or about 04/01/2009. The Defendant BAC

HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP

RECONTRUST COMPANY, failed to record this conveyance and began fraudulently

collecting payments on said promissory note secured by the deed of trust filed with the

Stevens County Recorder on November 26, 2007, while the conveyance was never

filed. RCW 65.08.070:

Real property conveyances to be recorded.

A conveyance of real property, when acknowledged by the person executing the same
(the acknowledgment being certified as required by law), may be recorded in the office
of the recording officer of the county where the property is situated. Every such
conveyance not so recorded is void as against any subsequent purchaser or mortgagee
in good faith and for a valuable consideration from the same vendor, his heirs or
devisees, of the same real property or any portion thereof whose conveyance is first
duly recorded. An instrument is deemed recorded the minute it is filed for record.
 5

Plaintiff does not recognize the authority of the trustee due to violations of Washington
state law, and the fact the trustee does not have a physical street address in the
state of WA which is required also by RCW 61.24.030 (6) which states ”That
prior to the date of the notice of trustee's sale and continuing thereafter
through the date of the trustee's sale, the trustee must maintain a street
address in this state where personal service of process may be made, and
the trustee must maintain a physical presence and have telephone service at
such address;

Also RCW 61.24.010, RCW 61.24.020, RCW 61.24.030, RCW 64.04.010, RCW

65.08.070, RCW 62A.3-203 which have been violated. Nor does the Plaintiff hold

any value in the Trustee’s ability to be equal in their dealings with all parties

involved. Plaintiff requests the court to require the original promissory note with

signatures of all conveyances, and transfers required by law to be produced and

verified to be an original by an appointed expert witness, according to RCW

61.24.030 (6), and (7) (a) (b).

Because of the nature of the findings and lack of truthful evidence leading to these

illegal foreclosure proceedings Plaintiff demands a permanent stay of foreclosure

sale, and full restitution of fraudulently collected monies in the amount paid to

illegally represented lenders, plus case fees and interest at 6.75% with the total

amount of $87,756.36, or Eighty Seven Thousand, Seven hundred and fifty six

dollars and 36 cents to the Defendant, who deceived the borrower by, fraudulently

claiming to be the legitimate lender and assuming all assets and liabilities FKA

Countrywide.
 6

The Plaintiff has put all of their earnings into this property which actual value is better

reflected by the 1.4 million cost of replacement insurance policy. Plaintiffs sole

source of income has been from a construction company in which due to the

unstable banking practices has reduced the Plaintiffs income drastically. Plaintiff

has watched as the banks lend far more money on properties than the actual

value, creating a huge inflated mortgage bubble, then turn around and foreclose

on millions of houses. I particularly noticed where the promissory note is required

for proof of loan, the original has not been produced. Many times the banks will

sneak by with an affidavit or a copy, but this is a sign of a much deeper problem.

The banks are able to collect on foreclosures through the government bailout plan

up to 90% of the original loan courtesy of US Tax payers; they also collect the

monies from the trustee sale. I have yet to witness any of this money being paid

to the home owners so they can keep their homes. This would seem a much more

healthy way for the economy in this Great Nation to recover.

Chavez v. Bank of America Corporation et al, Case No. 10-cv-00653-JCS. The lawsuit alleges that Bank of America and others
violated consumer protection statutes,
 7

Washington State Attorney General

103 E. Holly Suite 308

Bellingham, WA 98225

LANDSAFE TITLE OF WASHINGTON

2707 Colby Ave. #1118

Everett, WA 98201

RECONTRUST COMPANY, N.A.

P.O. Box 10284

Van Nuys, CA 91410-0284

Washington State Attorney General

1116 W Riverside Avenue

Spokane, WA 99201-1194

Mortgage Electronic Registration Systems, Inc.

P.O. Box 2026

Flint, Michigan 48501-2026

BAC Home Loans Servicing, LP

400 COUNTRYWIDE WAY SV-35 SIMI VALLEY, CA 93065

And
Recontrust Company

1800 Tapo Canyon

Simi Valley, CA. 93063