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: srslunop@gmail.com

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

Page1 of 8. w/Exhibit

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.

Page2 of 8. w/Exhibit

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;

Page4 of 8. w/Exhibit

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

Page5 of 8. w/Exhibit

Exhibit (A)

LETTER FROM BANK OF AMERICA

SHOWING SALMON’S PROMISSORY

NOTE’S OWNER

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