Dkt 47 10.21.2013 Declaration of Jacob Bradburn in Support of Response to Motion for Summary...
Transcript of Dkt 47 10.21.2013 Declaration of Jacob Bradburn in Support of Response to Motion for Summary...
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vs.
RECONTRUST COMPANY, N.4., et. al.
IN TIIE SUPERIOR COURT OF THE STATE OF WASHINGTONIN AND FOR THE COT]NTY OF SNOHOMISH
JACOB D. BRADBURN, NO. 11-2-0834s-2
DECLARATION
Plaintiff,
OF JACOBBRADBURN IN SUPPORT OFRESPONSE TO MOTION FORSUMMARY JUDGMENT
Defendants.
1. My name is Jacob D. Bradburn. I am the Plaintiff in the above captioned proceeding in
the Snohomish County Superior Court. I am over the age of eighteen and a resident of the
State of V/ashington. I am competent to testify with regard to those matters about which I
have personal knowledge gained as will be documented herein.
2. I have read the Declaration of Abraham K. Lorber which includes 10 pages of 118 from
my June 71,2013 deposition as Exhibit H. It looks to me like the Defendants cherry-picked
parts of the deposition which they can use to say I took out the loan but didn't pay the loan
and got all the notices I was supposed to.
3. As I said in the deposition, my signature was on the Note and Deed. That's not really the
point though, they seem to have a different understanding of the agreement than I had and
DECLARATION OF JACOB BRADBURN IN SUPPORTOF RESPONSE TO MOTION FOR SUMMARYJUDGMENT- 1
STAFNE TRUI.'BULL, LLC
239 NORTH OLYMPIC AVENUEARLINGTON, W498223
TEL. 3ó0.103.8700 /FAX 360.386.'+00s
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they think they should take my house even though I did, could and would pay the loan which
is why we are in court.
4. Not too long after Mr. Lorber asked me whether I had signed the Note and Deed he
asked if I would have any trouble paying the loan and I told him I would not. Deposition of
Jacob D. Bradburn at 21-22. After I took out the loan Countrywide sent me booklets so I
could make the payments. Id. at 24. I made all of the payments before Bank of America
bought Countrywide and then the problems started. Id. at24-25;28. Almost as soon as Bank
of America got the loan they started saying I missed payments. Id. at27-28. Bank of America
told me to stop making payments on the loan in 2009. Id. at25 30. Bank of America wanted
to refinance or modify my loan but I just wanted to get the problem fixed but Bank of
America wouldn't let me fix the problem even though I had my accounts there. Id. at 26-35;
40-44; 54-55.I even went to the bank in person but no one would tell me how to fix this
problem. Id. at32-33. I even tried talking to the trustee. Id. at 60. Eventually, they sold the
house without letting me fix the issue. Id. at 61. They came and changed the locks and threw
away some of my stuff while I was still moving. Id. at36-37;61-71; 83-84.
5. Bank of America says I got all of the notices I was supposed to before they foreclosed.
See e.g. Id. at 5l-52. They sent me packages of paperwork all the time, somewhere about
auctions but some were just saying I hadn't made payments or something else. Id. at 49. There
were so many I can't remember every one. Id. at 48-54; 57.It was very confusing; the bank
kept sending me notices and then cancelling the auction. Id. at 52-53. The one Mr. Lorber
asked me about I can't be sure whether I got it and when. Id. at 48-52;57. The bank say they
posted it at my house on a Friday when I would have been at work but in the picture the
DECLARATION OF JACOB BRADBURN IN SUPPORTOF RESPONSE TO MOTION FOR SUMMARYruDGMENT-2
STAFNE TRUMBULL, LLC
239 NORTH OLYMPIC AVENUEARLINGTON, WA 98223
TEL. 3ó0,403,8700 /FAX 360.386.4005
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gara.ge door is open and so it doesn't make sense because I never leave the garage door open
when I'm not home. Id. at 48.
6. I would have and could have paid what was needed to fix the problem from the time this
started right up until they sold the house for more than I owed on it. They never let me do
that. They did not need to do that and selling my house like that was just wrong.1d. passim.
7. Finally, I would like to point out that it was never my expectation that the Deed of Trust
I signed would allow anyone to break the law. It was my expectation that MERS was the
beneficiary under the contract and that my lender intended the same thing. If reasonable
intent of the parties matters, then I believe our intent was to sever the deed of trust from the
note.
I swear under penalty of perjury under the laws of the State of Washington that the foregoing
is true and correct.
DATED this day 21't of October, 2013 inArlington, WA.
Jacob D. Bradburn
DECLARATION OF JACOB BRADBURN IN SUPPORTOF RESPONSE TO MOTION FOR SUMMARYruDGMENT - 3
STAFNE TRUMBULL, LLC
239 NORTH OLYMPIC AVENUEARLINGTON, WA 98223
TEL. 3ó0.,103.8700 /FAX 360.386.4005