1 Greentree Answer

1
6
SUPERIOR COURT OF WASHINGTON AT STEVENS COUNTY
7
GREEN TREE SERVICING LLC, ) Case No.: 16-2-00518-5
8 )
Plaintiff, )
)
9 vs. )
)
10 SAMUEL SALMON; ROXY SALMON; )
) ANSWER TO FORECLOSURE
BANK OF AMERICA, NA AS SUCCESSOR
11 ) COMPLAINT
BY MERGER TO BAC HOME LOAN )
)
12 SERVICING LP, )
)
Defendant, )
13
14 ANSWER TO FORECLOSURE COMPLAINT
15 Subject to and without objection to venue in this Court, Defendant Samuel and Roxy Salmon
16 files the following ANSWER to the Plaintiffs FORECLOSURE COMPLAINT as follows:
17 GENERAL DENIAL
18 The Defendant denies the Plaintiffs allegations on the grounds that the Notes owner is
19 claimed by several parties at the same time, showing misrepresentation and fraud which is
20 undeniably evident, as the Defendant demonstrates below, and with the attached SALMONS
21 DECLARATION in support of this ANSWER.
22 Furthermore, the Defendants mortgage in question follows the Note, and both instruments are
23 fraught with inconsistencies, misrepresentations, forgery, and fraud, as evidenced herein.
Samuel and Roxy Salmon

917C Philpott Rd.
Colville, WA 99114
ANSWER TO FORECLOSURE COMPLAINT - Page 1 of 14 Phone: 509-684-2222
srslunop@gmail.com
1 Cases
2 175 Wn.2d 83, BAIN V. METRO. MORTG. GRP. INC..............................................................7, 8
3 Statutes
4 RCW 61.24.005(2)......................................................................................................................7, 8
5 RCW 61.24.010...............................................................................................................................8
6 RCW 61.24.020...............................................................................................................................8
7 RCW 62A.3-203(b).........................................................................................................................4
8 RCW 9.38.020.................................................................................................................................3
9 RCW 9A.60.020..............................................................................................................................4
10
11 DESCRIPTION
12 Plaintiffs allegations are listed in the same order and number as in their complaint, with the
13 Defendants corresponding numbered answers listed below each of the Plaintiffs allegations.
14 DEFENDANTS ANSWER TO PLAINTIFFS ALLEGATIONS
15 ALLEGATION NO. 1., Plaintiff, GREEN TREE SERVICING LLC, is the current beneficiary
16 of a Deed of Trust on certain real property described in paragraph 3.2 of the complaint that is
17 located in Stevens County, State of Washington.
18 ANSWER NO. 1., DEFENDANT DENIES, because the Plaintiff is not the beneficiary of the
19 Note and Deed of Trust. The Note and its interest, was not at any time assigned to BANK OF
20 AMERICA, NA, thereby rendering all assignments from BANK OF AMERICA, NA void.
21 Exhibit C in the Plaintiffs Compl. is the Note and Deed of Trust assignment to BAC HOME
22 LOANS SERVICING, LP. However, BANK OF AMERICA, NA was not assigned the Note, or
23 Deed of Trust at any time.

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com
1 The interest in the Note and its security is conveyed by assignment, upon recording in the
2 County Recorders Office. Without said assignment, BANK OF AMERICA, NA may not assign
3 the Notes beneficial interests. A merger alone does NOT constitute an officially recorded
4 assignment.
5 Therefore, the Deed of Trust assignment from BANK OF AMERICA, NA to EVERBANK, is
6 without required authority and VOID. This break in the chain of title further voids all
7 assignments thereafter, including but not limited to the assignment from EVERBANK to
8 GREEN TREE SERVICING LLC, rendering the Plaintiffs claim as VOID.
9 Furthermore, the Plaintiff is not the current beneficiary, because BAC HOME LOANS
10 SERVICING, LP did not own the Note as alleged in their Notice of Default, therefore could
11 not assign its beneficial interest.
12 On September 01, 2010 BAC HOME LOANS SERVICING, LP claimed to be the owner of the
13 Note in their Notice of Default, which states Owner of Note - Name: BAC HOME LOANS
14 SERVICING, LP, see Salmons Decl. Exhibit 1 on page 2, second to last paragraph. In
15 December 2010, two months later BANK OF AMERICA stated the owner of the Note was
16 Federal National Mortgage Association in response to Salmons OCC complaint and Dispute of
17 Debt; see Salmons Decl. Exhibit 2 page 1 paragraph 4. Therefore, BAC HOME LOANS
18 SERVICING, LP fraudulently claimed to be the Notes owner for the purpose of foreclosing the
19 security instrument, pursuant RCW 9.38.020:
20 Every person who shall maliciously or fraudulently execute or file

for record any instrument, or put forward any claim, by which the
21 right or title of another to any real or personal property is, or purports
to be transferred, encumbered or clouded, shall be guilty of a gross
22 misdemeanor.
23

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com
1 Consequently the Notice of Default is evidence of fraud, thereby further nullifying any
2 transfers, assignments, or enforcement actions authorized by through, and under the fraudulent
3 Notice of Default pursuant, RCW 62A.3-203(b):
4 Transfer of an instrument, whether or not the transfer is a

negotiation, vests in the transferee any right of the transferor to
5 enforce the instrument, including any right as a holder in due course,
but the transferee cannot acquire rights of a holder in due course by a
6 transfer, directly or indirectly, from a holder in due course if the
transferee engaged in fraud or illegality affecting the instrument.
7
8 ALLEGATION NO. 2., Defendants either have or claim some interest in the property, which
9 is subordinate to the interest of GREEN TREE SERVICING LLC as follows:
10 Roxy Salmon Fee Title
11 Samuel Salmon Fee Title

Bank of America, NA as Successor
12 Merger to BAC Home Loan Servicing, Judgment/ Lien
LP
13 Persons or Parties Unknown any Right, Possible Interest in
Lien, or Interest in the Property Property Title
14 Described in the Complaint herein
15 ANSWER NO. 2., DEFENDANT DENIES. Because the Plaintiffs claim is in fact subordinate
16 to the Defendant in that, the Plaintiffs claim is void for fraud, and evidence of forgery of the
17 alleged Note. The Note and Deed of Trust was never assigned to BANK OF AMERICA, NA
18 voiding their judgment/lien, and is also wrong because of the Note forgery evidenced in
19 Plaintiffs Exhibit A pursuant RCW 9A.60.020, further proven in ANSWER NO. 1, 4.1, 4.2,
20 and 4.4.
21 ALLEGATION NO. 3.1, This Court has jurisdiction pursuant to RCW 2.08.010.
22 ANSWER NO. 3.1, DEFENDANT AFFIRMS.
23

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com
1 ALLEGATION NO. 3.2, Actions are to be commenced in the county where the subject
2 property is located as provided in RCW 4.12.010. The subject property is commonly known as
3 917 A Philpott Road, Colville, WA 99114 and is legally described as:
4 LOT(S) 3 OF SHORT PLAT NO. SP 33-96, LOCATED IN THE SW

1/4 OF SECTION 21, TOWNSHIP 34 NORTH, RANGE 39 EAST,
5 W.M., IN STEVENS COUNTY, WASHINGTON, ACCORDING TO
PLAT RECORDED NOVEMBER 14,1996, UNDER AUDITOR'S
6 FILE NO. 9612321
7 Thus, venue is proper in Stevens County.
8 ANSWER NO. 3.2., DEFENDANT AFFIRMS Venue however, the property description is
9 inaccurate.
10 ALLEGATION NO. 4.1, On or about October 9, 2007, Samuel Salmon, for valuable
11 consideration, made, executed, and delivered to COUNTRYWIDE BANK, FSB. , a promissory
12 note (herein "Note"). A true and correct copy of the Note is attached hereto as Exhibit A and is
13 incorporated herein by this reference. Plaintiff is the holder of the Note and has the right to
14 foreclose.
15 ANSWER NO. 4.1., Samuel Salmon did make/execute a Note with his signature. However, the
16 Note copy in the Plaintiffs Compl. Exhibit A is NOT a true and correct copy of the Note.
17 Plaintiff is NOT the holder of the Note and does NOT have the right to foreclose. GREEN TREE
18 SERVICING LLC purports the Note copy to be prima facie evidence of debt in support of their
19 claim; however the Notes endorsement purporting Countrywide Bank FSB is a forgery.
20 A timely endorsement from Countrywide Bank FSB is highly improbable, because
21 Countrywide Bank FSB closed on April 27, 2009 at least two years before the endorsement was
22 made, according to the FDIC public website, see Salmons Decl. Exhibit 3.
23

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com
1 The Note does not bear this endorsement in the Notice of Trustee Sale mailed on May 19,
2 2011, over two years after Countrywide Bank FSB was closed, see Salmons Decl. Exhibit 4,
3 page 12, also no endorsement on Note attached to the December 2010 letter from BANK OF
4 AMERICA, see Exhibit 2.
5 Therefore, GREEN TREE SERVICING LLC may or may not know it is using a forged
6 instrument, for proof of debt, in violation of RCW 9A.60.020 (1)(a), and (b).
7 Forgery: (1) A person is guilty of forgery if, with intent to injure or

defraud: (a) He or she falsely makes, completes, or alters a written
8 instrument(3) Forgery is a class C felony.
9 GREEN TREEs purported copy of the forged Note has a dual blank endorsement bearing the
10 rubber-stamped signature of Michelle Sjolander and Laurie Meder, resulted when BANK OF
11 AMERICA, forged the endorsements on the Note to enforce a foreclosure, sell, or assign the
12 Note, years after Countrywide became inactive, in an effort to perpetrate a fraud upon the
13 borrower and the Court.
14 ALLEGATION NO. 4.2., At the time of the execution and delivery of the Note, and as part
15 of the same transaction, Samuel Salmon and Roxy Salmon, who were the owners of the real
16 estate described above, in order to secure repayment of the Note, executed and delivered to
17 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), SOLELY AS A
18 NOMINEE FOR COUNTRYWIDE BANK, FSB. ITS SUCCESSORS AND ASSIGNS, a
19 written Deed of Trust ("Deed of Trust") that secured to MORTGAGE ELECTRONIC
20 REGISTRATION SYSTEMS, INC. ("MERS"), SOLELY AS A NOMINEE FOR
21 COUNTRYWIDE BANK, FSB. ITS SUCCESSORS AND ASSIGNS the subject property
22 described in paragraph 3.2 of this Complaint.
23

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com
1 ANSWER NO. 4.2, DEFENDANT DENIES, because the Note does not follow its security
2 as the Plaintiff suggests, see 175 Wn.2d 83, BAIN V. METRO. MORTG. GRP. INC. at 26:
3 26 Washington's deed of trust act contemplates that the security

instrument will follow the Note, not the other way around
4
5 MERS is not nor ever was the owner of the Note, and therefore cannot act as its beneficiary
6 pursuant RCW 61.24.005(2). The beneficial interest of the Loan is in the Note, which is
7 followed by its security. MERS has no authority to assign the beneficial interest of the Note
8 because it is listed on its security as a NOMINEE Beneficiary, and doing so violates
9 Washington Mortgage laws.
10 ALLEGATION NO. 4.3, The Deed of Trust was recorded on October 26,2007, under Stevens
11 County recording No. 20070012467. A true and correct copy of the recorded Deed of Trust is
12 attached hereto as Exhibit B and is incorporated herein by this reference. Plaintiff is the owner
13 of the Note and holder of the beneficial interest in the Deed of Trust.
14 ANSWER NO. 4.3, DEFENDANT DENIES, Plaintiff is not the owner of the Note, see
15 ANSWER NO. 1, 4.1, 4.2, and 4.4.
16 ALLEGATION NO. 4.4, The beneficial interest in the Deed of Trust was subsequently
17 assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. to BAC HOME
18 LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP pursuant to
19 an Assignment of Deed of Trust recorded on September 23, 2010, under Stevens County
20 recording number 201 00007023. A true and correct copy of this Assignment of Deed of Trust is
21 attached hereto as Exhibit C.
22
23

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com
1 ANSWER NO. 4.4, DEFENDANT DENIES, because MORTGAGE ELECTRONIC
2 REGISTRATION SYSTEMS. INC. (MERS), is not the beneficiary and has no authority to
3 assign the Note pursuant RCW 61.24.005(2), and see 175 Wn.2d 83, BAIN V. METRO.
4 MORTG. GRP. INC. at 2, and 56:
5 56 Under the deed of trust act, the beneficiary must hold the
promissory note and we answer the first certified question "no."
6 2 The primary issue is whether MERS is a lawful beneficiary with
the power to appoint trustees within the deed of trust act if it does not
7 hold the promissory notes secured by the deeds of trust. A plain
reading of the statute leads us to conclude that only the actual holder
8 of the promissory note or other instrument evidencing the obligation
may be a beneficiary with the power to appoint a trustee to proceed
9 with a nonjudicial foreclosure on real property. Simply put, if MERS
does not hold the note, it is not a lawful beneficiary.
10
11 Furthermore, the Deed of Trust was signed by G. Hernandez, purportedly as Assistant
12 Secretary for MERS but instead he was actually employed by the trustee, Recon Trust Company
13 in violation of RCW 61.24.020:
14 No person, corporation or association may be both trustee and

beneficiary under the same deed of trust
15
16 Because, the trustee Recon Trust Company was associated with MERS and owned by BANK
17 OF AMERICA, this further violates RCW 61.24.010:
18 RCW 61.24.010 (3) The trustee or successor trustee shall have no

fiduciary duty or fiduciary obligation to the grantor or other persons
19 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
20 borrower, beneficiary, and grantor.
21
22
23

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com
1 ALLEGATION NO. 4.5 The beneficial interest in the Deed of Trust was subsequently
2 assigned by BANK OF AMERICA, N.A. to EVERBANK pursuant to an Assignment of Deed of
3 Trust recorded on August 27,2013, under Stevens County recording number 20130007085. A
4 true and correct copy of this Assignment of Deed of Trust is attached hereto as Exhibit D.
5 ANSWER NO. 4.5, DEFENDANT DENIES, because the Note and Deed of Trust was never
6 assigned to BANK OF AMERICA, NA, see ANSWER NO. 1, 4.1, 4.2, and 4.4.
7 ALLEGATION NO. 4.6, The beneficial interest in the Deed of Trust was subsequently
8 assigned by EVERBANK to GREEN TREE SERVICING LLC pursuant to an Assignment of
9 Deed of Trust recorded on February 13,2015, under Stevens County recording number
10 20150001201. A true and correct copy of this Assignment of Deed of Trust is attached hereto as
11 Exhibit E.
12 ANSWER NO. 4.6, DEFENDANT DENIES, see ANSWER NO. 1, 4.1, 4.2, 4.4, and 4.5.
13 ALLEGATION NO. 4.7 Under the terms stated in the aforesaid Note and Deed of Trust,
14 Samuel Salmon promised and agreed to repay the principal sum of $417,000.00, together with
15 interest and other amounts as provided in the Note and/or Deed of Trust. As of November 21,
16 2016, the principal balance owing is $409,422.53. As of November 21, 2016, accrued interest
17 from July 1, 2009 is $204,178.31 and additional interest will continue to accrue as provided for
18 in the Note and Deed of Trust.
19 ANSWER NO. 4.7, DEFENDANT DENIES, the Defendant should not pay an unqualified
20 party whose claim is founded on misrepresentation, fraud and forgery, see ANSWER NO. 1, 4.1,
21 4.2, and 4.4.
22 ALLEGATION NO. 5.1, Samuel Salmon failed to make the monthly payment due on August
23 1, 2009 and has failed to make any payments on the Note and Deed of Trust thereafter.

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com
1 ANSWER NO. 5.1 DEFENDANT DENIES, BAC HOME LOANS SERVICING, LP was not
2 the owner of the Note or its security and therein had no authority to collect or enforce either,
3 see ANSWER NO. 1, 4.1, 4.2, and 4.4.
4 ALLEGATION NO. 5.2 Samuel Salmon was given written notice dated May 10, 2010 that he
5 was in default and to avoid foreclosure that he should bring his payments current by June 9,
6 2010. Defendant failed to cure the default. A true and correct copy of the notice of default is
7 attached hereto as Exhibit F.
8 ANSWER NO. 5.2, DEFENDANT DENIES, because Exhibit F is a copy of the intent to
9 accelerate, and not a true and correct copy of the actual Notice of Default, the true notice of
10 default is evidenced in Salmons Decl. Exhibit 1. Furthermore, BAC HOME LOANS
11 SERVICING, LP was not the owner of the Note or the Deed of Trust, thereby having no
12 authority to cause the issuance of a Notice of Default, see ANSWER NO. 1, 4.1, 4.2, and 4.4.
13 ALLEGATION NO. 6., By reason of said default, all conditions precedent to the acceleration
14 of Samuel Salmon's and Roxy Salmon's Note and foreclosure of the Deed of Trust have
15 occurred. Accordingly, plaintiff has elected to and does exercise the option granted to it in the
16 Note and Deed of Trust to declare the whole of the balance of both principal and interest due and
17 payable as provided in the Note and Deed of Trust.
18 ANSWER NO. 6., DEFENDANT DENIES, because Plaintiff is not the beneficiary, BAC
19 HOME LOANS SERVICING, LP was not the beneficiary, and nor are any successors or assigns
20 thereafter, as shown in ANSWER NO. 1, 4.1, 4.2, and 4.4.
21 ALLEGATION NO. 7.1, The terms of the Note and, or Deed of Trust provide that in the event
22 of any action to collect on the Note or foreclose the Deed of Trust, plaintiff is entitled to
23 reasonable attorneys' fees.

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com
1 ANSWER NO. 7.1, DEFENDANT DENIES, because Plaintiff is not the beneficiary, see
2 ANSWER NO. 1, 4.1, 4.2, and 4.4.
3 ALLEGATION NO. 7.2, Plaintiff is further entitled, under the Note and, or Deed of Trust, to
4 collect all expenses incurred in pursuing this foreclosure action including reimbursement for the
5 foreclosure title report, document retrieval fees, deed fees, and such additional sums as may be
6 expended by plaintiff, including any sums advanced for the payment of taxes, assessments,
7 municipal charges and other items, which may constitute liens upon the above described
8 property, together with initial mortgage insurance premiums, periodic mortgage insurance
9 premiums and servicing fees as of November 21, 2016, and monthly mortgage insurance
10 premiums and servicing fees accruing after that date, together with insurance premiums paid by
11 plaintiff and repairs necessary to prevent impairment of the security, and the cost of any
12 appraisal, together with any other fees and costs plaintiff is entitled to under the terms of the
13 Note and, or Deed of Trust.
14 The reserve balance, if any, should be retained by plaintiff for application to homeowner's
15 insurance and real property taxes now or soon to become due.
16 ANSWER NO. 7.2 DEFENDANT DENIES, because Plaintiff is not the beneficiary, see
17 ANSWER NO. 1, 4.1, 4.2, and 4.4.
18 ALLEGATION NO. 8.1 All information currently available to plaintiffs counsel indicates the
19 defendants Samuel Salmon and Roxy Salmon, are not in military service and that in order to
20 determine defendants' military status, an employee of Robinson Tait, P.S. visited the website for
21 the Department of Defense Manpower Data Center on November 11, 2016.
22 Based on the information provided, Samuel Salmon and Roxy Salmon were not on active duty
23 on November 11,2016, and did not leave active duty within 367 days of November 11,2016.

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com
1 See copy of Military Status Report attached as Exhibit G.
2 ANSWER NO. 8.1, DEFENDANT OBJECTS, irrelevant.
3 ALLEGATION NO. 9., In the event of foreclosure and sale of the above described property at
4 foreclosure sale, the purchaser at such sale is entitled to possession of said property as provided
5 by law.
6 ANSWER NO. 9., DEFENDANT OBJECTS, irrelevant.
7 ALLEGATION NO. 10., As of the date of this Complaint and to the best of plaintiff's
8 knowledge, no other suit or action has been instituted or is now pending on the Note or to
9 foreclose the Deed of Trust.
10 ANSWER NO. 10., DEFENDANT DENIES, Defendant currently has a Lis Pendens clouding
11 the title, filed in an ongoing case against MERS from 2013.
12 ALLEGATION NO. 11., Plaintiff's Deed of Trust declares in its terms that the deeded property
13 is not used primarily for agricultural or farming purposes, and the plaintiff waives any right to a
14 deficiency judgment.
15 ANSWER NO. 11., DEFENDANT OBJECTS, irrelevant.
16 RELIEF REQUESTED
17 For the reasonable defense carefully addressed and outlined above to each of the Plaintiffs
18 allegations brought forth against the Defendant, the Defendant hereby moves the Court to DENY
19 the Plaintiffs MOTION FOR DEFAULT.
20
21
22
23

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com
1 AFFIDAVIT
2 I, Samuel Salmon am competent to state the matters set forth herein, that the contents are
3 true, correct with my firsthand knowledge and understanding, have set forth such facts as
4 would be admissible in evidence, and have shown affirmatively that the affiant is competent
5 to testify to the matters stated therein, do hereby declare under penalty of perjury under the
6 laws of the United States and the State of Washington that all undersigned statements in this
7 ANSWER TO FORECLOSURE COMPLAINT are true and correct.
9 CERTIFICATE OF SERVICE
10 I, Samuel Salmon hereby certify that on Friday, April 21, 2017 a copy of this document
11 will be mailed to the parties as listed below:
12
WITHERSPOON KELLEY
ROBINSON TAIT, P.S.
13 C/o Daniel J. Gibbons and
C/o Craig Peterson and
Steven J. Dixson
Kimberly Hood
14 422 W. Riverside Ave. Ste. 1100
901 Fifth Avenue, Suite 400
Spokane, WA 99201-0300
Seattle, WA 98164
15
djg@witherspoonkelley.com
cpeterson@robinsontait.com
sjd@witherspoonkelley.com
16 khood@robinsontait.com
17
18
19
20
X
21
22
23

917C Philpott Rd.
Colville, WA 99114
srslunop@gmail.com

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14 ANSWER TO FORECLOSURE COMPLAINT

16 files the following ANSWER to the Plaintiffs FORECLOSURE COMPLAINT as follows:

21 DECLARATION in support of this ANSWER.

23 fraught with inconsistencies, misrepresentations, forgery, and fraud, as evidenced herein.

Samuel and Roxy Salmon

2 175 Wn.2d 83, BAIN V. METRO. MORTG. GRP. INC..............................................................7, 8

14 DEFENDANTS ANSWER TO PLAINTIFFS ALLEGATIONS

17 located in Stevens County, State of Washington.

23 Deed of Trust at any time.

Samuel and Roxy Salmon

5 Therefore, the Deed of Trust assignment from BANK OF AMERICA, NA to EVERBANK, is

8 GREEN TREE SERVICING LLC, rendering the Plaintiffs claim as VOID.

11 not assign its beneficial interest.

19 security instrument, pursuant RCW 9.38.020:

20 Every person who shall maliciously or fraudulently execute or file

Samuel and Roxy Salmon

3 Notice of Default pursuant, RCW 62A.3-203(b):

4 Transfer of an instrument, whether or not the transfer is a

9 is subordinate to the interest of GREEN TREE SERVICING LLC as follows:

10 Roxy Salmon Fee Title

11 Samuel Salmon Fee Title

22 ANSWER NO. 3.1, DEFENDANT AFFIRMS.

Samuel and Roxy Salmon

3 917 A Philpott Road, Colville, WA 99114 and is legally described as:

4 LOT(S) 3 OF SHORT PLAT NO. SP 33-96, LOCATED IN THE SW

7 Thus, venue is proper in Stevens County.

11 consideration, made, executed, and delivered to COUNTRYWIDE BANK, FSB. , a promissory

20 A timely endorsement from Countrywide Bank FSB is highly improbable, because

Samuel and Roxy Salmon

4 AMERICA, see Exhibit 2.

7 Forgery: (1) A person is guilty of forgery if, with intent to injure or

13 borrower and the Court.

17 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), SOLELY AS A

18 NOMINEE FOR COUNTRYWIDE BANK, FSB. ITS SUCCESSORS AND ASSIGNS, a

19 written Deed of Trust ("Deed of Trust") that secured to MORTGAGE ELECTRONIC

20 REGISTRATION SYSTEMS, INC. ("MERS"), SOLELY AS A NOMINEE FOR

22 described in paragraph 3.2 of this Complaint.

Samuel and Roxy Salmon

3 26 Washington's deed of trust act contemplates that the security

8 because it is listed on its security as a NOMINEE Beneficiary, and doing so violates

9 Washington Mortgage laws.

15 ANSWER NO. 1, 4.1, 4.2, and 4.4.

17 assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. to BAC HOME

18 LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP pursuant to

21 attached hereto as Exhibit C.

Samuel and Roxy Salmon

4 MORTG. GRP. INC. at 2, and 56:

11 Furthermore, the Deed of Trust was signed by G. Hernandez, purportedly as Assistant

13 in violation of RCW 61.24.020:

14 No person, corporation or association may be both trustee and

17 OF AMERICA, this further violates RCW 61.24.010:

18 RCW 61.24.010 (3) The trustee or successor trustee shall have no

Samuel and Roxy Salmon

2 assigned by BANK OF AMERICA, N.A. to EVERBANK pursuant to an Assignment of Deed of

8 assigned by EVERBANK to GREEN TREE SERVICING LLC pursuant to an Assignment of

18 in the Note and Deed of Trust.

21 4.2, and 4.4.

Samuel and Roxy Salmon

3 see ANSWER NO. 1, 4.1, 4.2, and 4.4.

7 attached hereto as Exhibit F.

10 default is evidenced in Salmons Decl. Exhibit 1. Furthermore, BAC HOME LOANS

17 payable as provided in the Note and Deed of Trust.

20 thereafter, as shown in ANSWER NO. 1, 4.1, 4.2, and 4.4.