Download - Quiet Title
QUIET TITLE ACTION Page 1 of 5
Samuel Salmon
917C Philpott Rd.
Colville, WA 99114
Telephone: 509-684-8841
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Samuel Salmon Roxy Salmon 917C Philpott Rd. Colville, WA 99114 Telephone: 509-684-8841 Email: [email protected]
STATE OF WASHINGTON
STEVENS COUNTY SUPERIOR COURT
SAMUEL SALMON, and ROXY
SALMON
PLAINTIFF,
v.
BAC HOME LOANS SERVICING, LP
DEFENDANT
) ) ) ) ) ) ) ) ) ) ) ) ) )
CASE NO. : ____________________________ QUIET TITLE
Plaintiff is filing this action as a Pro se litigant and respectfully
requests that this complaint will be decided on its content, meaning,
and merit, and not on its form.
Plaintiff complains and for causes of action alleges as follows:
I. CAUSE OF ACTION
For SAMUEL SALMON, and ROXY SALMON, and against BAC HOME
LOANS SERVICING, LP
Defendant BAC HOME LOANS SERVICING, L.P. is now, and at all times
herein mentioned, was a Corporation registered in the State of
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QUIET TITLE ACTION Page 2 of 5
Samuel Salmon
917C Philpott Rd.
Colville, WA 99114
Telephone: 509-684-8841
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Washington under UBI# 602606630 and existing under the laws of the
State of Washington. BAC HOME LOANS SERVICING, L.P. has its local
office located at 601 W. Riverside Ave. Spokane, WA 99210-0621. BAC
Home Loans Servicing, L.P.’s Registered Agent is listed as C T Corporation
System located at 1801 West Bay Drive NW Ste. 206 Olympia, WA 89502.
Defendant BAC HOME LOANS SERVICING, L.P. is a subsidiary of Bank of
America, N.A. with its principal place of business located at 6400 Legacy
Drive, Plano, Texas 75024. Defendant may be served with process of this
Court upon any officer of the corporation by mailing a copy of the
summons and complaint to the principal place of business.
Plaintiff is ignorant of the true name and capacity of the defendant sued
herein as, and therefore sues the defendant by said fictitious name.
Plaintiff will amend this complaint to allege the true name, or names and
capacity when ascertained.
Plaintiff is now and at all times herein mentioned the owner and/or
entitled to possession of the property located at 917C Philpott Road,
Colville, Washington 99114 with the legal description as:
LOT(S) 3 OF SHORT PLAT NO. SP 33-96, LOCATED IN THE SW1/4 OF
SECTION 21, TOWNSHIP 34 NORTH, RANGE 39 EAST, W.M., IN STEVENS
COUNTY, WASHINGTON, ACCORDING TO PLAT RECORDED NOVEMBER
14, 1996, UNDER AUDITOR'S FILE NO.9612321.
II. Defendant misrepresents itself as “beneficiary”.
BAC HOME LOANS SERVICING, L.P. has claimed the position of beneficiary
on the deed of trust assignment listed in the Stevens County Assessor’s
Office under file # 20100007023.
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QUIET TITLE ACTION Page 3 of 5
Samuel Salmon
917C Philpott Rd.
Colville, WA 99114
Telephone: 509-684-8841
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Washington state law requires the beneficiary listed on the deed of trust
and its assignments to be the owner of the promissory note. BAC HOME
LOANS SERVICING L.P. is not the notes owner as shown in their letter
from Bank of America submitted in this case under (Exhibit A) which
identifies the Promissory Note’s owner as Federal National Mortgage
Association. Specifically their letter shows in paragraph #4 “The current
owner of the Note is Federal National Mortgage Association, which has an
address of 13150 World Gate Drive, Herndon, VA 20170 and a telephone
number of 703.833.1700.” This letter was issued in response from the
Plaintiffs challenging the defendants claim as beneficiary and loan
servicer with a qualified written request as outlined in 12 USC 2605(e).
This response neither provided proof of a servicing contract which is
required by law in order to service the loan.
Plaintiff is aware that the defendant BAC HOME LOANS SERVICING, L.P.’s
claim of “beneficiary” in the corporation assignment of the deed of trust
as shown in Stevens County Auditor’s Office under file No. 20100007023,
is without substance, and is void as it does not conform to the true
requirement of “beneficiary” according to Washington State code as
shown in RCW 61.24. Plaintiff is also aware that in order to claim title and
perform a trustee sale the “beneficiary” must show proof that the
beneficiary is the owner of any promissory note, according to Washington
State code as shown in RCW 61.24.030(7)(a), their letter proves they are
not the notes beneficiary.
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QUIET TITLE ACTION Page 4 of 5
Samuel Salmon
917C Philpott Rd.
Colville, WA 99114
Telephone: 509-684-8841
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Plaintiff believes and thereupon alleges that the Defendants claim as
“beneficiary” is hereby shown to be without foundation. However, the
claim of said Defendant as “beneficiary” as shown is also without any
factual proof whatsoever, and said Defendant has no legal or equitable
right, claim, interest, or standing in said property.
III. PRAYER FOR RELIEF
1. Plaintiff therefore seeks a declaration that the title to the subject
property is vested in plaintiff alone and that the defendant BAC HOME
LOANS SERVICING, L.P. herein, be declared to have no estate, right,
title or interest in the subject property and that said defendant BAC
Home Loans Servicing, L.P., be forever enjoined from asserting any
estate, right, title or interest in the subject property adverse to plaintiff
herein.
WHEREFORE, plaintiff Samuel Salmon, and Roxy Salmon pray for
judgment against defendant:
2. For an order compelling said Defendant, to acknowledge legal title and
possession of the subject property to Plaintiff herein;
3. For a declaration and determination that Plaintiff is the rightful holder
of title to the property and that Defendant herein, be declared to have
no estate, right, title or interest in said property;
4. For a judgment forever enjoining said defendant, from claiming any
estate, right, title or interest in the subject property;
5. For costs of suit herein incurred and damages as judge discerns fair;
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QUIET TITLE ACTION Page 5 of 5
Samuel Salmon
917C Philpott Rd.
Colville, WA 99114
Telephone: 509-684-8841
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AFFIDAVIT AND DECLARATION
I, Samuel Salmon hereby declare under penalty of perjury under the laws of the
United States and the State of Washington that on Monday, August 15, 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 Affiant’s best firsthand knowledge and understanding.
Dated this
Monday, August 15, 2011
Samuel Salmon 917C Philpott Rd. Colville, WA 99114
CERTIFICATE OF SERVICE
I hereby certify that on Monday, August 15, 2011, I filed the foregoing
document with the Clerk of Court. I certify that a true and correct copy of said
document was sent to all case participants in the following manner; Certified
mail to the defendant as listed:
Monday, August 15, 2011
BAC Home Loans Servicing, L.P. c/o C T Corporation System
1801 West Bay Dr Nw Ste 206
Olympia, WA 89502
BAC Home Loans Servicing, L.P. 6400 Legacy Drive Plano, Texas 75024
Samuel Salmon 917C Philpott Rd. Colville, WA 99114
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Exhibit (A)
LETTER FROM BANK OF AMERICA
SHOWING SALMON’S PROMISSORY
NOTE’S OWNER
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