Quiet Title Answer to Motion to Dismiss

QUIET TITLE- RESPONSE TO of 6

DEFENDANT’S MOT. TO DISMISS

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. : 2011-2-00426-9 QUIET TITLE RESPONSE TO ALLEGED PARTY BANK OF AMERICA N.A.’S MOTION TO DISMISS

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.

I. CONCESSION

The Plaintiffs Roxy Salmon and Samuel Salmon declare as follows:

The plaintiffs would concede title rights to the real “beneficiary” of

the plaintiffs’ promissory note, and agree to work out a payment

agreement with a servicer that has a legal contract to collect on the



Samuel Salmon

917C Philpott Rd.

Colville, WA 99114

Telephone: 509-684-8841

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plaintiff’s promissory note, by producing for the record, the original

note with its allonge, and all original documents showing all of its

owners, holders, and servicing contracts from the time of its creation

until the present.

II. BACKGROUND

The Salmons have now and always have been since June of 2006 the

only registered owners of the real property in this quiet title action

and hereby claim superior title of said real property because of the

following:

1. The Plaintiffs have discovered the claims of the alleged beneficiary of

the promissory note to be untrue therefore fraudulent.

2. The plaintiffs have never been provided with any real documentation

regarding the loan, only hearsay.

3. Plaintiffs have good reason to believe their note has been securitized

and converted to a stock, or RMBS thereby separating it from its

security instrument, or deed of trust.

4. Plaintiffs believe all claims through this deed of trust to be fraudulent

because the “beneficiary” listed on the deed of trust and its

assignments are not the notes holder.

5. The note the deed of trust represents is unaccounted for.

6. The trustee is fiducially responsible to the alleged beneficiary,

therefore cannot represent their claimant.

7. The Plaintiffs have invested over $200,000.00 in this property and

improvements thereon.



Samuel Salmon

917C Philpott Rd.

Colville, WA 99114

Telephone: 509-684-8841

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III. MERGERS DO NOT QUALIFY THE ALLEGED PARTY BANA AS THE

DEED OF TRUST ASSIGNEE OR THE NOTES BENEFICIARY

The attorney for the alleged party Bank of America N.A. (“BANA”) has

been allowed to enter a motion as the successor assignee “beneficiary” by

merger of defendant BAC HOME LOANS SERVICING, LP in this case when

in fact BANA has not been assigned such rights through a deed of trust

assignment at the Stevens County Recorder’s Office wherein the property

in question is located. Therefore BANA is not a party in interest by

assignment, neither does the merger qualify BANA as the note’s owner, or

“beneficiary” in this action. Therefore for these reasons the alleged party

“BANA” is hereby requested to be removed from this case.

IV. ONLY THE NOTE OWNER, HOLDER, OR “BENEFICIARY” HAS

RIGHTS TO A TITLE CLAIM

According to the Washington State constitution as stated in RCW

61.24.005 (2) "Beneficiary" means the holder of the instrument or

document evidencing the obligations secured by the deed of trust,. BAC

HOME LOANS SERVICING, L.P.’s (“BAC”)is only a “grantor” on the deed of

trust, and it’s claim of “beneficiary” in the corporation assignment of the

deed of trust as recorded in the Stevens County Auditor’s Office under file

No. 20100007023, is deceptive, as the deed of trust is the note’s only

security. Beneficiary of the notes security, or deed of trust does not

qualify one as a claimant on a real property title as our state constitution

clearly outlines in RCW 61.24.030.7(a) “trustee shall have proof that the

beneficiary is the owner of any promissory note. Therefore all defendant’s



Samuel Salmon

917C Philpott Rd.

Colville, WA 99114

Telephone: 509-684-8841

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claims on plaintiff’s property title are illegal unless the trustee is

representing the note’s true “beneficiary”. Therefore the claims on the

plaintiff’s title by BAC, or BANA are in fact criminal by their own

admission shown in plaintiffs Exhibit A the letter in which alleges the

notes holder, or “beneficiary” is Fannie Mae. The term “beneficiary” as

used in the deed of trust and it’s assignment is deceptive and illegal at

best, as the deed of trust “assignee” is referred to in our Washington State

Constitution as only the “grantor”. Therefore the term of “beneficiary”

used for claims of title in the deed of trust is without substance, and is

void as it does not conform to the true definition of “beneficiary”

according to Washington State code as shown in RCW 61.24.005.

Plaintiff believes and thereupon alleges that the defendant’s claim as

“beneficiary” is hereby shown to be without foundation, and is also

without any factual proof whatsoever, and criminal in its intent.

V. TRUSTEE IS ALSO UNQUALIFIED

The trustee Recontrust Co. N.A. is also unqualified as a trustee in the deed

of trust and its assignment as they shall not have any fiduciary

responsibility to the interested parties pursuant RCW 61.24.010(3,4). The

trustee indeed is fiducially responsible to the alleged “beneficiary”, or

assignee through its parent company BANA. Our Washington State

Attorney General has been forced to take out a suit against the trustee

Recontrust Co. for it’s noncompliance to our State Constitution regarding

this matter. Plaintiff has elected to file a LIS PENDENS pending this case,

although our State ATG is not representing individuals in the State of

Washington the subject matter of this action is of subject matter in this



Samuel Salmon

917C Philpott Rd.

Colville, WA 99114

Telephone: 509-684-8841

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case and pertinent in all title claims instituted by the trustee, Recontrust

Co. N.A., or any trustee fiducially responsible to parties in interest.

VI. ANY TITLE CLAIMS AS BENEFICIARY MUST NOW PRODUCE THE

ACTUAL ORIGINAL PROMISSORY NOTE

Because of the deceptiveness of the defendants claim as “beneficiary” and

because of the fiduciary responsibilities of their trustee Recontrust Co.

N.A., plaintiff is demanding the rights granted them by the Washington

State laws RCW61.24.030.7(a,b), and produce the note.

VII. PRAYER FOR RELIEF

If the defendant fails to produce the plaintiffs original note with its

allonge, plaintiff Samuel Salmon, and Roxy Salmon pray for

judgment against defendant as follows:

1. For an order compelling said defendant, to acknowledge legal title and

possession of the subject property to Plaintiff herein;

2. For a declaration and determination that Plaintiff holds a superior

title to the property and that the defendant herein be declared to have

no estate, right, title or interest in said property;

3. For a judgment forever enjoining said defendant, it’s successors and

assignees from claiming any estate, right, title or interest in the subject

property;

4. For costs of suit herein incurred and damages as judge discerns fair.



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, December 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 Affiant’s best firsthand knowledge and understanding.

Dated this

Monday, December 12, 2011

Samuel Salmon 917C Philpott Rd. Colville, WA 99114

CERTIFICATE OF SERVICE

I hereby certify that on Monday, December 12, 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; first class

mail to the defendant as listed:

Bishop White, Marshall & Weibel, P.S. 720 Olive Way, Ste. 1201 Seattle, WA 98101-1801

Monday, December 12, 2011

BAC Home Loans Servicing, L.P. c/o C T Corporation System

1801 West Bay Dr Nw Ste 206

Olympia, WA 89502

Samuel Salmon 917C Philpott Rd. Colville, WA 99114

Quiet Title Answer to Motion to Dismiss

Documents

Transcript of Quiet Title Answer to Motion to Dismiss