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Samuel Salmon Sunday, June 12, 2011 917C Philpott Rd. Colville, WA 99114

Sunday, June 12, 2011

AFFIDAVIT FOR CRIMINAL COMPLAINT AND IN SUPPORT OF THESE CASES OPENED BY COUNTY STATE AND FEDERAL AGENCIES: 1. WASHINGTON STATE ATTORNEY GENERAL CASE NO. 373026. 2. COMPTROLLER OF THE CURRENCY OF NATIONAL BANKS CASE NO. 01306002. 3. STATE OF WASHINGTON STEVENS COUNTY SUPERIOR COURT CASE NO. 10-2-00596-8. 4. EASTERN DISTRICT OF WASHINGTON FEDERAL COURT CASE NO. 2:10-CV-00446-RMP. 5. STEVENS CO. SHERIFFS CRIMINAL CASE NO. 1104382. Introductory Certification I, Samuel Salmon, the Undersigned Affiant, hereinafter Affiant, does hereby solemnly swear, declare under penalty of perjury, and state as follows: 1. Affiant is competent to state the matters set forth herewith. 2. Affiant has personal firsthand knowledge of the facts stated herein. 3. All the facts stated herein are true, correct, and complete in accordance with Affiants best firsthand knowledge and understanding, and if called upon to testify as a witness Affiant shall so state.
Salmon Residence 917C Philpott Rd. Colville, WA 99114

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Plain Statement of Facts 4. Affiant has firsthand knowledge and evidence that Bank of America Corporation has used forged documents with the intent to steal the affiants personal real property and possessions pursuant: a. RCW 61.24.005 (2) "Beneficiary" means the holder of the instrument or document evidencing the obligations secured by the deed of trust. a. RCW 61.24.030 (7)(a) the trustee shall have proof that the beneficiary is the owner of any promissory note. a. 18 US Code 493 Whoever falsely makes, forges, counterfeits or alters any note shall be fined under this title or imprisoned not more than 10 years, or both. 5. Affiant has attached to this affidavit the BACs response letter admitting they dont own the promissory note, thereby showing Forgery and Fraud pursuant these state and federal laws. BACKGROUND 6. Affiant has firsthand knowledge of the following account. a. Affiant has and firsthand evidence of the following account: 7. On Sept. 1, 2010 Bank of America Corporation hereinafter (BAC) mailed a notice of default to the affiant. The affiant having no agreement with BAC nor possessing any information or documentation in support of this notice of default, has legally contested the notice of
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Salmon Residence 917C Philpott Rd. Colville, WA 99114

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default from BAC by first submitting a letter pursuant to 12 U.S.C. 2605 (e) in the form of a qualified written request to BAC, and forwarded a copy to the Washington State Attorney Generals (ATG) office in Sept. 2010 under Case No. 374937. The ATG then responded to the affiants request by forwarding the qualified written request letter to the Office of the Comptroller of the Currency of National Banks (OCC). The OCC then responded to the affiants request and opened a case under No. 01302006 and forwarded the letter to BAC. BAC then responded to the qualified written request in a letter dated Dec 16, 2010 from BACs office of CEO and President, as recorded in Federal Court Case No. 2:10CV-00446-RMP ECF No. 20 Exhibit G, and also recorded in the Stevens County Sheriffs Office under case No. 1104382 in the attached letter from BAC. In BACs response letter it clearly shows that BAC is not the owner of the affiants promissory note. Owner ship of the note is required by state and federal laws for initiating a foreclosure process. BAC also in their response letter attached a forged promissory note with a payoff demand statement. BAC then claimed they were the servicer of the promissory note according to their records and M.E.R.S., but failed to produce any of these alleged records as required by the Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 2605 (e)(1)(B) (e) and Reg. X 3500.21(f)2 of the United States Code as well as a request under Truth In Lending Act [TILA] 15 U.S.C. 1601, et seq. The affiant in in taking extra precautions filed a complaint in the State court in Stevens County under case No. 10-2-00596-8 with a Lis Pendens. BAC had the case removed on the grounds of diversity, and the amount of the suit
Salmon Residence 917C Philpott Rd. Colville, WA 99114

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exceeding $75,000.00. The case was filed on 11/17/2010 and removed on 12/21/2010 under Federal Court Case No. 2:10-CV-00446-RMP. BAC filed a motion to dismiss the case and the affiant filed a motion to remand and strike with the attached letter ECF No. 20 Exhibit G (BACs afore mentioned response letter). The judge then granted the affiants motion and ORDERED an expedited hearing, in consideration of the affiants motion to remand and strike with its exhibits. The hearing was scheduled for Feb 15, 2011. There were no motions filed from either party for over 3 months. On May 25, 2011 Judge Rosanna Malouf Peterson denies all of the Affiants motions and grants the defendants motion to dismiss without any reference to Affiants ECF No. 20 Exhibit G, the BAC response letter explaining the crucial evidence from BACs office of the CEO and President, showing BAC is not the owner of the note. This evidence shows fraud as foreclosure is unlawful unless the beneficiary owns the note pursuant RCW 61.24.030 (7)(a). The other implications of this admission by BAC shows forgery when BAC uses a copy of a note in which they dont own to enforce foreclosure proceedings pursuant 18 US Code 493, and 75 FR 58501 Subpart E Special Rules for Certain Home Mortgage Transactions Revise 226.39. On June 7,2011 the affiant filed a motion to reconsider because when Judge Rosanna Malouf Peterson issued judgment in favor of BAC she left out the evidence in Affiants Exhibit G in ECF No. 20 which is the letter from BAC showing they DONT OWN THE NOTE. The Affiants have considered filing notice of misprision of a felony, in which BACs response letter is evidence of, because when BAC admits they dont own the note while proceeding with a foreclosure shows FRAUD. And
Salmon Residence 917C Philpott Rd. Colville, WA 99114

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presenting a copied note is FORGERY. The redundancy is intended for good reason; these criminal acts have been ignored. 8. Affiant declares of personal firsthand knowledge of all the facts, and writings listed in the criminal complaint filed with the Stevens County Sheriffs Office case # 1104382. Specific Statement of Facts 9. Affiant declares and has personal firsthand knowledge that BAC delivered several forged notes attached to the several notices of trustee sale mailed to the Affiants as a debt, or obligation owed. The Affiants have kept many of these sealed envelopes with the forged notes inside as evidence for this case. 10. Affiant witnesses the signature for corporations BAC Home Loans Servicing, and MERS, was notarized three days after the date of the signature on the Corporation Assignment of the Deed of Trust listed at Stevens County Recorders office under file No. 2010 0007023. 11. Affiant witnesses the signature for corporations BAC Home Loans Servicing, and MERS, is signed by the same person G. Hernandez for both MERS and BAC, and posing in the same position as assistant secretary for both corporations listed as beneficiary on the Corporation Assignment of the Deed of Trust filed at Stevens County Recorders office under file No. 2010 0007023. 12. Affiant declares the principle amount listed on the forged promissory note of $417,000.00 is a different principal amount listed on the notice trustee sale of $409,422.53. 13. Affiant declares and has personal firsthand knowledge that BAC has in their own language shown that they do not own the affiants
Salmon Residence 917C Philpott Rd. Colville, WA 99114

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promissory note, in their response letter attached to the complaint filed in afore said Stevens County Sheriffs case # 1104382, and in the Federal case No. 2:10-CV-00446-RMP under ECF No. 20 Exhibit G. VERIFICATION of DECLARATION I, Samuel Salmon hereby declare under penalty of perjury under the laws of the United States and the State of Washington that on the June 12, 2011, all undersigned statements to be true and correct, and I, Samuel Salmon am competent to state the matters set forth herein, that the contents are true, correct, complete, and certain, admissible as evidence, and reasonable and just in accordance with Affiants best firsthand knowledge and understanding. I hereby respectfully request this matter to be prosecuted according to the laws of our Great State of Washington and of our Great and Free Country The United States Of America and our laws of true justice.

Dated this Sunday, June 12, 2011

s/Samuel Salmon SAMUEL SALMON 917C Philpott Rd. Colville, WA 99114 Emailsrslunop@gmail.com

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