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7 STATE OF WASHINGTON
STEVENS COUNTY SUPERIOR COURT
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SUMMARY OF THE ACTION
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Plaintiff Samuel and Roxy Salmon are commencing this action
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against Defendant BANK OF AMERICA, RECONTRUST, and M.E.R.S. for
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illegally representing them selves as lender, trustee, and
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beneficiary of the NOTE signed by plaintiff Samuel Salmon,
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referenced by Deeds of Trust, exhibits (A,B, and D) filed at
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Stevens County Assessors office. The Plaintiff alleges the
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defendant Bank of America FKA Countrywide illegally collected
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SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 1
1 NOTE remuneration from the Plaintiff on the Note referenced by
14 no one seems to know where the NOTE is. Plaintiff alleges the
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 2
1 JURISDICTION AND VENUE
2 Stevens County Superior Court has jurisdiction pursuant to:
11 EXHIBITS
12 Exhibit (A&B) Deeds of Trust on file at Stevens County Recorders
23 21, 2010.
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SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 3
1 PARTIES
2 Plaintiff Samuel and Roxy Salmon owners and residents of real
12 the NYSE under the symbol “BAC.” Summons will be served at Bank
15 Individual Defendants:
18 2010.
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23 Washington.
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SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 4
1 listed as beneficiary on Exhibits (A,B, and D) is a wholly owned
8 Individual Defendants:
10 Systems, Inc.
11 FACT I
12 On October 19, 2007, Plaintiffs Samuel Salmon, and Roxy E.
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 5
1 fiducially responsible to, and or an associate of Countrywide
9 of trust.
12 FACT II
13 When Countrywide Bank went out of business for predatory
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 6
1 the trustee, the beneficiary shall appoint a trustee or a
5 of an original trustee.
6 FACT III
7 On, or about April 1, 2009, Bank of America declared itself to
17 has the same signer for both MERS and Bank of America. How does
18 this work?
19 RCW 65.08.070
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 7
1 purchaser or mortgagee in good faith and for a valuable
6 FACT IV
7 Before a conveyance was ever assigned by the Defendants, a
10 COLVILLE, WA. 99114 post marked September 02, 2010 Exhibit (C).
14 of Exhibit (D) was filed over a year after the Defendant; Bank
19 64.04.020RCW 65.08.070.
20 RCW 64.04.010
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 8
1 of which trust are of record, and the instrument creating such
11 RCW 64.04.020
12 Requisites of a deed.
16 FACT V
17 Plaintiff affirms that, According to (Exhibit D) the Corporation
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SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 9
1 Therefore Recontrust is associated with and is fiducially
9 of trust.
12 RCW 61.24.020
15 FACT VI
16 The Plaintiff asserts that the Note and Deed of Trust were not
18 therefore has not proven its self as the Legal holder of the
20 any claim on said property. For the reasons that follow, the
21 Plaintiff finds that the Defendant has not proven that it is the
24 RCW 61.24.030
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SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 10
1 (7) (a) That, for residential real property, before the notice
9 subsection.
10 (7) (b) Unless the trustee has violated his or her duty under
13 this subsection.
16 Statement
22 FACT VII
23 The Plaintiff affirms that according to the alleged trustee’s
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SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 11
1 does not have a physical street address in the state of
5 (6) That prior to the date of the notice of trustee's sale and
10 address;
11 FACT VIII
12 The Deed of Trust contains false representation on its face when
20 Trust, and MERS has never been entitled to receive one cent of
24 has never been nor is it now the beneficiary under the Deed of
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 12
1 subsidiary of MersCorp, Inc. MERS has no interest in the NOTE,
8 different obligation.
9 FACT IX
10 Plaintiff has proven the Trustee, Lender, and Beneficiary are
14 itself entirely invalid and the only security for the Note.
19 61.24.030 (6), and (7) (a) (b). Until then the copy or forgery
25 RCW 9A.60.020
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 13
1 (1) A person is guilty of forgery if, with intent to injure or
2 defraud:
4 instrument or;
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SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 14
1 than resolve them, they sloughed them off to the legislature.
2 2006
11 2009.
15 specific legal issue that the court may look to the law of
16 states which have. The Kansas Court acknowledged that the case
19 York, Missouri, and other states for guidance and to support its
23 institute a foreclosure.
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 15
1 “second appeal” (by requesting “reconsideration” by the Supreme
5 appears that the tide is finally starting to turn, and that the
9 greed and profit for the “lenders” and their ilk at the expense
10 of borrowers.
20 Court, NV 2009
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 16
1 Wells Fargo v Jordon – OH Appellate Court
7 assignments.
22 that MERS and Citibank are not the real parties in interest.
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 17
1 looked at the MERS computerized records. The witness was unable
4 Ninth Circuit. See id. at 517-20. The low level employee could
7 evidence, and not nearly enough to get around the hearsay rule.
18 Banking and Finance, 270 Neb. 529, 704 NW 2d. 784). As such, ALL
21 Carolina also found that MERS’ rights were not as they were
23 debt because it did not extend any credit; none of the borrowers
24 owe MERS any money; that MERS does not own the promissory notes
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SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 18
1 secured by the mortgages; and that MERS does not acquire any
9 party in interest was the Bank and the court did not abuse its
22 made on November 23, 2004 to Mr. Port. The money appears to have
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 19
1 Springs, MD. It should also be noted, as it was in the decision
14 note.
19 to the Note.
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 20
1 granted, without prejudice, to renew upon proof of a valid
8 take, and the assignor can only give, the interest currently
10 clear under the facts of this case that BAC never obtained an
13 Here, with respect to the 2008 foreclosure action, the date the
14 last party was served with notice was on January 28, 2009, which
15 was almost six months before the purported assignment from MERS
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 21
1 documents filed by BAC to evidence its assignment from MERS,
12 that it was reasonable for the trial court to have denied the
23 Ocwen for MERS, and that Ocwen is located at the same Palm
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 22
1 affidavit of Chomie Neil. In addition, Scott Anderson, who
6 MERS v. TORR NY JUDGE SPINNER DENIES Deutsche & MERS for NOT
10 that the mortgage was properly executed with all the formalities
18 the facts that the complete file concerning this mortgage was
21 (e.s.)
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SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 23
1 Here, there are no allegations or evidence that MERS was the
2 owner of the note such that it could assign it to LPP. Thus, the
9 MERS which did not include the underlying debt were a legal
11 AD3d 674 (2d Dept 2007)(holding that MERS had standing to bring
16 not only the mortgage but also the note, such assignment is
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 24
1 of the note and the mortgage securing it when the action was
4 Texas notary on July 18, 2009. The note sued on does not contain
17 Following are more cases from THE NEW YORK SUPREME COURT…
18 JUDGE SCHACK BLOWS ‘MERS’ and Bank Of New York (BNY) OUT THE
19 DOOR!
24 HOLY COW!!! MERS v. MERS NO EVIDENCE IT HAD THE MORTGAGE AND NOTE
25 MERS V. THOMAS STANDFORD MERS DOES NOT OWN MORTGAGE AND NOTE
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 25
1 MERS V. GAIL PALMORE-ARCHER MERS DOES NOT OWN MORTGAGE AND NOTE
3 UP!
4 BANK OF NEW YORK V. JOSEPH CERULLO MERS NOT OWNER AND HOLDER OF
5 NOTE MORTGAGE
11 TO NOTE
13 DEFECT”
14 FDN attorneys Jeff Barnes, Esq. and Elizabeth Lemoine, Esq. have
16 against MERS. On Tuesday, September 28, 2010, Mr. Barnes and Ms.
19 filed by the Defendants OneWest Bank and MERS. The action was
21 order was entered stopping the sale. On the eve of the scheduled
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 26
1 entered an Injunction and scheduled a hearing on the Motions
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17 against Defendant for any and all claims the Defendants are
20 Plaintiff.
SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 27
1 receipt of the summons upon the Defendant, Plaintiff will press
11 of Countrywide.
12 RCW 7.40.020
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SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 28
1 order or judgment, an injunction may be granted to restrain such
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16 By:
Samuel Salmon
17 917C Philpott Rd.
Colville, WA 99114
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SAMUEL SALMON
917C PHILPOTT RD.
COLVILLE, WA 99114
Summary of Pleading - 29