Larsons v Snohomish County et al., Clerk's Papers Volume 7
Scott Stafnevisibility
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This document presents legal communications and documentation related to the case of Larsons v Snohomish County, specifically detailing financial charges, interests related to real property, and updates regarding a Torrens Land Registration application in Mason County. It addresses procedural compliance with Washington state law and outlines various expenses and legal actions taken in the context of mortgage and property rights.
Related papers
Superior Court of Benton County, Washington - Deutsche Bank National Trust Company as Trustee of hehalf of HSI Asset Securitization Corporation Trust 2006-HE2 v Jay John and all occupants in possession - John's Response to Motion for Order to Show Cause
The relief requested by John's Response includes: Defendant/Homeowner Jay J. John (“John)” by and through his attorney of record, Scott E. Stafne (“Stafne”), requests that summary procedures for evicting Jay J. John pursuant to RCW 59.12.032 not be utilized by the Court in this case because (1) John brought a previous law suit pursuant to RCW 61.24.130 to restrain the unlawful sale of his home; (2) this Court, through Judge Norman Rodriquez, inappropriately refused to consider the merits of John’s arguments that successors and assigns of the mortgage did not have the standing, i.e. constitutional and/or contractual and/or statutory standing, to enforce the payment provisions of the pertinent promissory note; (3) this Court, through Judge Norma Rodriquez, failed to adjudicate whether she has/had a disqualifying interest in the outcome of this case as was required by the Fourteenth Amendment to the United States Constitution, see Tumey v. Ohio, 273 U.S. 510 (1927); and (4) this Court through Judge Norma Rodriquez failed to adjudicate whether she has/had a disqualifying interest in the outcome of this case as was required by RCW 2.28.030(1).
Superior Court of Benton County, Washington - COTG and John v. Quality Loan Services Corporation et al- Church and Property Owner's Response to Washington State' motion to dismiss and statutory trustee's joinder therein
Under the facts alleged, the Financial Industry lost or destroyed notes in 2006 because this business practice profited its members. The Financial Industry was warned by the federal government that this was a bad practice because it could cause notes to become unenforceable under state laws. The Financial Industry ignored these warnings and continued to profit from subprime loans which its members knew or should have known were unenforceable under many state laws, including most versions of the Uniform Commercial Code. Ultimately, the federal government bailed out the Financial Industry by paying hundreds of billions of dollars in public funds to purchase interests in those real property assets owned by property owners like John, which because of the Financial Industry’s bad practices had little value because they likely could not be enforced. See supra., Note 3. While the Church and Property Owner do not agree with the federal government's stupid decision to bail out the Financial Industry, they understand that an argument can be made that bailing out too-big-to-fail banks (as opposed to property owners as was first proposed) was in the public interest. But they disagree with the notion that the federal government and financial industry can require them to bear the costs of that entire transaction, which has now been paid back to the US Treasury, mostly through foreclosing on property owners. See e.g. GAO Troubled Asset Relief Program: Lifetime Cost GAO-24-107033 (Dec. 7, 2023). The factual situation here is much like the uncompensated taking that occurred in Thompson v. Consolidated Gas Utilities Corp., 300 U.S. 55 (1937). There, a commission issued an order which had the effect of taking some natural gas producer’s property from them for the benefit of others without the payment of any compensation. The same type of illegal taking is occurring here because the government reimbursed itself these bail out costs by foreclosing on homeowners like John, who under the Washington state law then in effect at the time they entered into the agreements could not be foreclosed upon except by way of compliance with RCW 62A.3-309. And Washington State though its AG, allied with this statutory trustee, has continued to pursue this anti-property owner approach notwithstanding the AG knew (and/or should have known) that (1) property owners did less wrong than the Financial Industry with regard to making such subprime loans worthless; and (2) that this Nation’s organic law does not allow governments to change the terms of private contracts after the fact. See Plaintiffs’ cross motion for summary judgment
Superior Court of Snohomish County Washington -The Bank of New York Mellon as Trustee for Structured Asset Mortgage Investments II Inc. mortgage pass through certificates v. Ron Margolis - Bank's motion to foreclose on property owned by Ron Margolis
The Bank asserts: B. Judgment against Ron Margolis. Stafne (through his neighbor, Margolis) attacks the underlying decree of foreclosure as non- compliant with federal law. The thrust of Stafne’s argument is that the federal district court judge was not authorized to hear the case because “senior status” judges are not qualified constitutiona l judges. These arguments were rejected at the federal level, including by the 9th circuit2. The federal courts ruled in favor of jurisdiction and authority to enter final judgment. The state superior court cannot void and disregard the final, federal court judgment, on the basis it did not comply with federal law. Stafne also appears to identify an interest in the property held by Margolis connected to a boundary line adjustment between the neighbors in 2010. It is not clear whether Stafne pleads priority-of-interest. Any interest Margolis acquired in 2010 is junior-in-priority to Plaintiff’s 2005 deed of trust. It is junior because it is subsequent-in-time to the deed of trust. A decree of foreclosure against the claimed junior interest of Margolis is appropriate.
U.S. Bankruptcy Court for Eastrern District of Washington - In re: Agnes Niczyporuk - DebtorAdversary Plaintiff Debtor Niczyporuk's Opposition to Motion for Relief from Stay
Relief Requested: Debtor and adversary proceeding plaintiff Agnes Niczyporuk, by and through her attorney of record and Church of the Gardens advocate, Scott Stafne, respectfully requests this Court deny the Motion for Relief from stay brought by Movant “U.S. Bank Trust National Association, as Trustee of LB-Igloo Series IV Trust, its successors and/or assignees” (emphasis added) pursuant to the Proof of Claim form filed by attorney Coats for an alleged secured creditor who purportedly did not acquire this loan from anyone else. In this regard, Niczyporuk asserts attorney Coats and those he represents (A) have not demonstrated their standing to file a Proof of Claim and/or to bring this motion for Relief from Stay on behalf of “U.S. Bank Trust National Association, as Trustee of LB-Igloo Series IV Trust, its successors and/or assignees”; (B) have not provided all the FTBP forms, i.e. 410, 410A, 410S1 and 410S2, necessary to file the Proof of Claim based on Debtor’s 2008 mortgage loan from Countrywide FSB; (C) have committed perjury with regard to the filing of such Proof of Claim by asserting under oath that those who filed the Proof of Claim are a current creditor who have not acquired their claim from anyone else; (D) have not alleged or demonstrated on a more likely than not basis that they are entitled to (i) enforce Niczyporuk’s note by way of asserting MERS’ beneficial interest in the promissory Note by failing to allege or demonstrate facts demonstrating MERS’ agency with Country FSB, the original Lender; and (ii) that they possess the original paper Note signed by the Niczyporuks as makers and are entitled to enforce the deed of trust security instrument as the owners of the loan or as a Person Entitled to Enforce the Note instrument (PETE) pursuant to RCW 62A.3-309.
US District Court for Western Washington - Church of the Gardens and Alvin B. White v. Quality Loan Corporation of Washington - MTC Fianancial Inc., d/b/a Trustee Corps' declaration of non-monetary status
5. Trustee Corps has fully reviewed the Plaintiffs’ Amended Complaint dated January 8, 2024. Based on its review and understanding, Trustee Corps believes that it has been named in this proceeding solely in its capacity as the successor trustee for the DOTs. It maintains a reasonable belief that it has not been named due to any acts or omissions on its part in the performance or its duties as trustee. Trustee Corps believes that it has complied with Title 61.24 of the Revised Code of Washington with regard to its conduct of this foreclosure. Additionally, Plaintiffs have not pleaded any factually charges specifically against Trustee Corps and Plaintiffs have not provided any indication of a statutory violation by Trustee Corps. Plaintiffs have not pleaded substantive allegations specifically against Trustee Corps that seek damages or seek to enjoin the sale based on acts or omissions of Trustee Corps.
FILED
July 30, 2020-SAB
HEIDI PERCY
COUNTY CLERK
SNOHOMISH CO. WASH
SUPERIOR COURT OF THE STATE OF WASHINGTON
COUNTY OF SNOHOMISH
CHRISTOPHER LARSON, et al.,
SNOHOMISH COUNTY
NO. 19-2-01383-31
Petitioner/Plaintiff(s),
vs.
COURT OF APPEALS
NO. 80968-7-I
SNOHOMISH COUNTY, et al.,
Respondent/Defendant(s).
PLAINTIFFS’ CLERK’S PAPERS
VOLUME 7
PAGES 3001 - 3500
SUPERIOR COURT OF THE STATE OF WASHINGTON
COUNTY OF SNOHOMISH
CHRISTOPHER LARSON, et al.,
SNOHOMISH COUNTY
NO. 19-2-01383-31
Petitioner/Plaintiff(s),
vs.
COURT OF APPEALS
NO. 80968-7-I
SNOHOMISH COUNTY, et al.,
Respondent/Defendant(s).
INDEX TO PLAINTIFFS’ CLERK’S PAPERS
VOLUME 7
TITLE OF DOCUMENT
AFFIDAVIT IN SUPPORT OF D JEFFREY COURSER
INDEX #
5
DATE
07/23/2019
PAGES
3101 - 3133
AFFIDAVIT IN SUPPORT OF DANIEL MAYNES
4
07/23/2019
3134 - 3229
AFFIDAVIT IN SUPPORT OF ROBERT WILLIAM
MCDONALD (CONTINUATION)
25
08/20/2019
3001 - 3008
AFFIDAVIT IN SUPPORT OF SCOTT STAFNE
10
08/09/2019
3077 - 3095
ANSWER AND AFFIRMATIVE DEFENSE
13
08/12/2019
3059 - 3076
ANSWER AND AFFIRMATIVE DEFENSE
14
08/12/2019
3040 - 3058
ANSWER BY QUALITY LOAN SERVICE
16
08/13/2019
3029 - 3039
MOTION FOR DEFAULT
9
08/09/2019
3096 - 3100
MOTION FOR SUMMARY JUDGMENT
2
07/23/2019
3289 - 3321
Index-1
MOTION FOR SUMMARY JUDGMENT QUALITY
LOAN SERVICE'S MOTION WITH NOTICE OF
JOINDER
17
08/13/2019
3014 - 3028
RECORD ON CHANGE OF VENUE FROM SKAGIT
COUNTY. (CONTINUED)
1
02/14/2019
3322 - 3500
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT
3
07/23/2019
3230 - 3288
TRUST, SPS, & MERS'S OPPOSITION TO MOTION
FOR DEFAULT.
20
08/14/2019
3009 - 3013
Index-2
.,
'
NOTICE OF DEFAULT
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24, ET. SEQ.
To: Christopher E. Larson , A Married Man as His Sole and Separate Property, and Angela R.
Larson
THIS NOTICE IS ONE STEP IN A PROCESS THAT COULD RESULT IN YOUR
LOSING YOUR HOME.
You may be eligible for mediation in front of a neutral third party to help save your home.
CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN
WASHINGTON NOW to assess your situation and refer you to mediation if you might
benefit. Mediation MUST be requested between the tir,ie you receive the Notice of Default
and no later than twenty days after the Notice of Trustee Sale is recorded.
DO NOT DELAY. If you do nothing, a notice of sale may be issued as soon as 30 days from
the date of this notice of default. The notice of sale will provide a minimum of 120 days'
notice of the date of the actual foreclosure sale.
BE CAREFUL of people who claim they can help you. There are many individuals and
businesses that prey upon borrowers in distress.
REFER TO THE CONTACTS BELOW for sources of assistance.
SEEKING ASSISTANCE
Housing counselors and legal assistance may be available at little or no cost to you. If you
would like assistance in determining your rights and opportunities to keep your house, you
may contact the following:
The statewide foreclosure hotline for assistance and referral to housing counselors
recommended by the Housing Finance Commission Telephone: Tol1-frce: 1-877-894HOME (1-877-894-4663). Web site:
ht1p;/Lwww.(lli,w~1,ggylco11symi;.tsllmmi;:q,~ nQr~l1ip/n,1i;1,,1Jurchas~_1:oumt·lc1r$.. IQreclosure.htm.
1
The United States Department of Housing and Urban Development Telephone: ToU-free: 1800-569-4287. Web Site:
hJJn: //,, \Y ~Y..• h11~1 ,J!-l> v/(J !Jices/h sg/sfh/hcc/fc/i ndcx .c fi117w~bLis0.ction=search&searchstate=WA&f'iJ!.~rSv,S:
1
=;dfc
The statewide civil legal aid hotline for assistance and referrals to other housing counselors
and attorneys Telephone: Toll-free: l-800-606-4819. Web site: http://nwjustice.org/what-clenr.
1
Page 3001
A. Deed of Trust and Property Description:
You are hereby notified that the Beneficiary has declared you in default on the obligation
secured by a Deed of Trust dated October 6, 2006, executed by Christopher E. Larson , A
Married Man as His Sole and Separate Property, and Angela R. Larson as Trustor(s), to
secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., SOLELY AS A NOMINEE FOR NEW CENTURY MORTGAGE
CORPORATION, A CORPORArION as original Beneficiary recorded October 11, 2006
as Instrument No. 200610110833 of official records in the Office of the Recorder of
Snohomish County, Washington and which Deed of Trust encumbers the following
described real property:
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF
RECORDED JN VOLUME 19 OF PLATS, PAGES 32 AND 33, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF
SNOHOMISH, STATE OF WASHINGTON
Commonly known as: 11914 167th Drive NE , Arlington , WA 98233
B. Declaration of Default. The beneficiary declares you in default for failing to make
payments as required by your note and deed of trust.
C. Itemized account of the amounts in arrears: Delinquent monthly payments
beginning with the March 12, 2012 payment. The amount indicated below as the "Grand
Total" is good through January 12, 2018.
Payments
$110,728.25
Escrow Advances
j$42,198.82
! Interest
l
On Advances:
$3,575.58
Payment to Accrue
$1,605.98
Loan Level Advances
$2,061.00
Grand Total
$160,169.63
D. Itemized account of all other specific charges, costs or fees that grantor or
borrower is or may be obliged to pay to reinstate the deed of trust before the
recording of the notice of sale.
Trustee's Fee
Postage (estimated)
8crvice/Posting of the Notice of Default (estimated)
2
Page 3002
$900.00
$60.00
$75.00
Document Recording (estimated)
$14.00
TOTAL CHARGES, FEES AND COSTS
$1,049.00
E. Amount required to cure payment defaults before Notice of Sale records: The
estimated amount necessary to reinstate your Deed of Trust and the obligation secured
thereby before the recording of the Notice of Trustee's Sale is the sum of paragraphs C
and D above in the estimated amount of $161,218.63 PLUS the amount of any monthly
payments, late ~harges, and advances which may fall due after the date of this Notice of
Default.
Payments and late charges continue to accrue and additional advances may be made.
'/'lw smns stated above are estitttates oufl'. Before attempting to reinstate the loan, call
us at l-855-676-9686 to learn the exact amounts of monetary defaults and actions
required to cure possible other defaults.
For Reinstatement/Payoff Quotes, contact North Cascade Trustee Services Inc.
Reinstatement monies in the form of a cashier's check may be tendered to:
North Cascade Trustee Services Inc.
ATTN: REINSTATEMENT/PAYOFF DEPT.
901 Fifth Avenue, Suite 410
Seattle, WA 98164
Phone: (855)676•9686
Payment must be in the full amount by cashier's check, and mailed to the undersigned.
Personal checks will not be accepted.
In addition, grantor or borrower must timely cure all other defaults, if any, before the note
and deed of trust are deemed reinstated.
F. Effect of failure to cure: Failure to cure all alleged defaults within 30 days of
mailing/personal service of this notice may lead to recordation, transmittal and
publication of a notice of sale and the Property may be sold at public auction no less than
120 days from the date of this notice, or no less than 150 days in the future, if the
borrower received a letter under RCW 61.24.031.
G Effect of recording, transmitting, and publication of the notice of sale: The effect
of the recordation, transmittal and publication of a notice of sale will be to (i) increase the
costs and fees and (ii) publicize the default and advertise the Property for sale.
H. Effect of sale of the Property: The Trustee's sale of the Property will deprive the
borrower, grantor, and any successor in interest of all their interest in the Property.
3
Page 3003
I. Recourse to courts: The borrower, grantor, any guarantor or any successor in interest
has recourse to the courts pursuant to RCW 61.24.130 to contest the default(s) on any
proper ground.
J. Contact Information for Note Owner and Loan Servicer:
The owner of the note is Deutsche Bank National Trust Company, as Trustee, in trust for
the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007 -HE2,
Mortgage Pass-Through Certificates, Series 2007- HE2
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Ce11ificates, Series 2007-_
HE2, whose address is:
32 I 7 S. Decker Lake Dr.
Salt Lake City, UT 84119
The loan servicer for this loan is Select Portfolio Servicing, Inc., whose address and
telephone numbers are:
3217 S. Decker Lake Dr.
Salt Lake City, UT 84119
1-800-25 8-8602
Dated: December
22-, 2017
North Cascade Trustee Services Inc.
As duly appointed Successor Trustee
JJe4/f r_,1:\~,/ 1/M <>
1
By Heather Berthiaume
__ _
This is an attempt to collect a debt and any information obtained will be used for that purpose. If you have
received a discharge of the debt referenced herein in a bankruptcy proceeding, this letter is not au attempt to
impose personal liability upon you for payment of that debt. Jn the event you have received a bankruptcy
discharge, any action to enforce the debt will be taken against the property only.
File No: 60243-00328-NJ-WA
North Cascade Trustee Services Inc.
Phone: 1-855-676-9686
Fax: 888-690-8838
4
Page 3004
NOTICE REQUIRED BY THE
FAIR DEBT COLLECTION PRACTICE ACT
15 U.S.C. Section l 692
December 19, 2017
To:
RE:
Angela R. Larson and Christopher E. Larson
Property located at 11914 167th Drive NE , Arlington , WA 9823 3
1.
You are hereby notified that this trnstee is attempting to collect a debt and any
information obtained will be used for that purpose.
2.
As of January 12, 2018, $354,709.51 is owed on this account, including interest.
Because of interest, late charges, and other charges that may vary from day to day, the amount
due on the day you pay may be greater. Hence, if you pay the amount shown above, an
adjustment may be necessary after we receive your payment, in which event we will inform you
of any additional amounts due. For further information, write the undersigned or call (855) 6769686.
3.
The original creditor to whom the debt was owed was MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS A NOMINEE FOR NEW
CENTURY MORTGAGE CORPORATION, A CORPORATION. You have 30 days from the
receipt of this letter to request the address of the original creditor from us if you wish to do so.
The cun-ent creditor is Deutsche Bank National Trust Company, as Trustee, in trust for the
registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage PassThrough Certificates, Series 2007- HE2 Deutsche Bank National Trust Company, as Trustee, in
trust for the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage
Pass-Through Certificates, Series 2007- HE2, with an address of3217 S. Decker Lake Dr., Salt
Lake City, UT 84119.
4.
The debt will be assumed to be valid by North Cascade Trustee Services Inc.
unless WITHIN THIRTY DAYS AFTER THE RECEIPT OF THIS NOTICE, you dispute the
validity of the debt or any portion thereof. This does not relieve you of the requirement to timely
respond as indicated in the documents accompanying this notice.
5.
If you notify North Cascade Trustee Services Inc. Attn: Heather Berthiaume,
within thirty days after the receipt of this Notice that the debt or any po1tion thereof is disputed,
then No1th Cascade Trustee Services Inc. will provide a verification of the debt, and a copy of
the verification will be mailed to you by North Cascade Trustee Services Inc.
6.
Requests should be addressed to North Cascade Trustee Services Inc. Attn:
Heather Be11hiaume, 901 Fifth Avenue, Suite 410, Seattle, WA 98164 or by calling Heather
Berthiaume at 206-939-4159.
602,U-•0328-NJ-W/\Fai, Debt Notice
Page 3005
If you have received a discharge of the debt referenced herein in a bankruptcy proceeding,
this letter is not an attempt to impose personal liability upon you for payment of that debt.
In the event you have received a bankruptcy discharge, any action to enforce the debt will
be taken against the property only.
60243-00~ZH,J•WAFair Debt Nor ice
Page 3006
FORECLOSURE LOSS MITIGATION
Re:
Loan Number:
Borrower Name:
CHRISTOPHER LARSON
Address:
11914 167TH DRIVE NE, ARLINGTON, WA 98233
Beneficiary:
Deutsche Bank National Trust Company, as Trustee, In trust for the registered
holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage PassThrough Certificates, Series 2007- HE2
The undersigned beneficiary or authorized agent for the beneficiary hereby represents and declares under the
penalty of perjury that:
1)
2)
IJ
lJ
The beneficiary or beneficiary's authorized agent has contacted the borrower under, ~nd
has complied with; RCW 61.24.031 and the borrower did not request a meeting.
The beneficiary or beneficiary' s authorized agent has contacted the borrower as required
under RCW 61.24.031 and the borrower(s) designated representative requested a meeting,
A meeting was held in compliance with RCW 61.24.031.
3)
4)
I~J
r·]
The beneficiary or beneficiary' s authorized agent has exercised due diligence to contact
the borrower as required in RCW 61.24.031.
The borrower has surrendered the secured property as evidenced by either a letter
confirming the surrender or by delivery of the keys to the secured property to the
beneficiary, the beneficiary' s authorized agent or to the trustee.
5)
[J
RCW 61.24.031 does NOT apply because:
The property is not owne, occupied as the principal residence of the borrower(s).
The undersigned instructs the trustee to proceed with non-Judlclal foreclosure proceedings and expressly
authorizes the trustee or their authorized agent to sign the notice of default containing the declaration re:
contact required pursuant to section 2 of Chapter 292, Laws of 2009 (WA).
Dated:
By:
Select Portfolio Servicing, Inc. as authorized agent of Beneficiary
Tina Martin, Document control Offir."'
Page 3007
DECLARATION OF OWNERSHIP
Re:
Loan Number:
CHRISTOPHER LARSON
-
Under penalty of perjury, the undersigned hereby represents and declares as follows:
I am employed as Document Control Officer for Select Portfolio Servicing, Inc. I am duly authorized to make
this declaration on behalf of:
Deutscl1e Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
1)
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007- HE2
Hereby known as beneficiary.
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
2)
Stanley ABS Capital I Inc. Trust 200H:JE2, Mortgage Pass-Through Certificates, Series 2007- HE2
3)
The Note has not been assigned or transferred to any other person or entity.
4)
Fkme!iciary understands that the tri;li,lt:n forecll.\Ring the ,food of tr llf:f :c,ecuring the above-referenced
loan will rely upqn this Oeclar,3fio11 bf~lore isfwin0 the no!icc~ of trn:,l,cti\, sale.
is the actual holder of the Promissory Note evidencing the above-referenced loan.
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007- HE2
·-------------------------··Tinq Marlin, Document Control Officer
Page 3008
08/14/2019 WED
8: 55
FAX
~002/006
2019 AUG 14 AM fO: 28
19-2-01383-31
OB
20
Objection Opposition
2
SONYA KRASKI
COUNTY CLEi{K
SNOHOMISH CO WA. SH
3
4
i1i\ij11111111111111m111u 11111
5
6
7
8
9
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR SNOHOMISH COUNTY
CHRISTOPHER E. LARSON 1 and
ANGELA LARSON,
IO
Plaintiffs,
v.
11
12
No. 19-2-01383-31
THE TRUST, SPS, AND MERS'S
OPPOSITION TO MOTION FOR
DEFAULT
SNOHOMISH COUNTY, el al.,
13
Defendants,
14
15
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of
16
Morgan Stanley ABS Capita.l I Inc. Trust 2007-I-IE2, Mortgage Pass-Through Certificates, Series
17
2007- HE2 (the "Trust"), 1 its loan servicer, Select Portfolio Servicing, Inc. ("SPS"); and
18
Mortgage Electronic Recording System, Inc. ("MERS") (collectively, "Defendants") opposes
19
Plaintiffs' Christopher E, La1·son and Angela Larson (collectively, "Plaintiffs") Motion for
20
Default (the "Motion").
21
Complaint and cured any default, as allowed by CR 55(a)(2).
The Motion should be stricken, as the Trust has now answered the
22
23
1
24
25
26
Plaintiffs separately name in the Complaint "DEUTSCHE BANK NATIONAL TRUST COMPANY";
"DEUTSCHE BANK NATIONAL TRUST COMPANY as trustee for Morgan Stanley ABS Capital I Inc. Tl"ust
2007- HE2 Mortgage Pass Through Certificates, Series 2007"; and "Morgan Stanley ABS Capital I Inc. T1·ust 2007HE.2 Mortgage Pass TI1rough Certificates, Series 2007'' (the "Trust Defendants"). Defendants maintain the only
proper defendant with an interest in this proceeding is the Trust (as defined abovo) and that it is unnecessary and
incorrect to name all of the Trust Defendants. However, as the Trust Defendants are separately named, all of'the
"Trust Defendnnts" are hereby included in the definition of''Defendnnts'' throughout this Motion.
THE TRUST, SPS, AND MERS'S OPPOSITION TO MOTION FOR DEFAULT - 1
Submitted by: D. Jeffrey Courser of Stoel Rives
Ave, Suil~ 3000, Portland OR 97205
()l'igi1111l located at· Stoel Rives. 760 SW Ninth
SENT ON 08-14-1.9 VIA PAX f-OR FILING IN SNOI-IOMISI-1 COUNTY SUPERIOR COURT
I 03178036.1 00~2161-06494
Page 3009
!;! ~J~
S'l'Of,1 1
w
760 SW Nin1h Avenue, S11i1c JOO~ Portland. OR 97205
telapho,wSOJ.U .J.JliO
08/14/2019 WED
A.
8: 56
FAX
~003/006
The Motion is Moot, in Light of the Answers on File.
CR 55· explicitly allows for a party who.has previously appeared to moot a motion for
2
3
default judgment by filing a responsive pl~ading before the hearing on default. Under CR
4
SS(a)(2), ''Any party may respond to any pleading or otherwise defend at any time before a
5
motion for default and supporting affidavit is filed, whether the party previously has appeared or
6
not. If the party has appeared before the motion is filed, the party may respond to the pleading
7
or otherwise defend at any time before the hearing on the motion." (emphasis added). "Thus,
8
if a party has appeared, filing a responsive pleading before the hearing cures the default and
9
allows the court to consider the merits of the case." In re Marriage of Pennamen, 135 Wn. App.
10
790, 799, 146 P .3d 466, 470 (2006) (rejecting arguments that a pleading was untimely and
11
explaining "if the defendant co1nplies with CR 55 by answedng befol'e the hearing, the court will
12
still hear the case on the merits despite the untimely filing."). Based on this rule, courts routinely
13
deny motions for default so long as the non-moving party has (1) already appeared, and (2) files
14
a responsive pleading before the hearing on the motion. See id,; see also Hensley v. City of
15
Longview, 114 W11. App. 1026 (2002) (unpublishcd)2 (holding that the trial court correctly
16
denied default motion because the defendant City responded to the Complaint by filing an
17
answer ''befol'e the hearing on the motion" for default within the meaning of CR 55(a)(2)); Gale
18
v. C&K Remodel, Inc., 190 Wash. App. 1026 (2015) (unpublished) (reversing grant of default
19
where defendant filed answer before default hearing), Thus, if an appearing party files a
20
pleading before the hearing on a motion for default, "the motion must be stricken." Douglas J.
21
Ende, 14 Wash. Prac., Civil Procedure§§ 9:11, 23.2 (3d ed.),
Here, Defendants first appeared via counsel Stoel Rives LLP on November 14, 2018. On
22
23
August 12, 2019, SPS and the Trust filed an Answer, and MERS filed a separate Answer. The
24
Motion is noted for August 20, 2019. Thus, since (1) the Defendants all appeared before the
25
26
2
All unpublished opinions are cited only as persuasive authority, as they have no precedential
value and are not binding on this Court. See GR 14. l(a); Crosswhite v. Washington State Dep't
o/Soc. & Health Servs., 197 Wn. App. 539,544 (2017),
THE TRUST,'SPS, AND MERS'S OPPOSITION TO MOTION FOR DEFAULT-2
STOEL Kl VP.S LLP
ATil)RNEYS
760 SW Ni111h ,\ven,,~. ~,,il~ l000J l'MIAlld, OR 9720S
Td•f'I""'° 5(H.2} .3J80
103178036.l 0052161-0M94
Page 3010
08/14/2019 WED
8i56
FAX
il!004/006
Motion wus filed, and (2) the Defendants all answered the ComJ')laint before the hearing on the
2
Motion, the Motion is moot. Per CR 55(u)(2), Defendants were c1llowed to respond lo the
J
complaint ·•at any time before the hearing on the motion" for default. The Defendants did so.
4
The Motion should be stricken,
s
6
DATED: Augus1 14, 2019.
ST;~VES ,.~ ~
7
D. Jell'rey ~ S B A No. 15466
8
KC Hovda, WSBA No, 51291
jeffrey, [email protected]
[email protected]
9
10
Of Attorneys for Defendnnts Deutsche Bank National
Trust Company; Deutsche Bank National Trust
Company as trustee for Morgan Stanley ABS Capitul I
Inc. Trust 2007-HE2 Mortgage Pass Tlll'ough
Certificates, Series 2007; Morgan Stanley ABS Capital I
Inc, Trust 2007-HE2; Select Portfolio Servicing, Inc.;
and Mortgage Electronic Recording System, Inc.
11
12
13
14
15
ANGLIN PLEWELLlNO RASMUSSEN
CAMPBELL & TRYTTEN LLP
16
Pe?: ~. L - ~
17
Delian P. Dellchev, WSBA No. 36908
Ann T. Marshall, WSBA No. 23533
701 Pike Slreet, Suite 1560
Seattle, WA 98101
Phone: 206-492-2300
Email: [email protected]
Email: [email protected]
C()-Coimsel.for De.fendc,m DEUTSCHE BANK
NATIONAL TRUST COMPANY as trustee for Morgun
Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass
Through Certificates, Series 2007
18
19
20
21
22
23
24
25
26
THE TRUST, SPS, AND MliRS'S OPPOSITION TO MOTION FOR DEFAULT- 3
STOU l\1vi;s 1.1.f
M'IO~NIIYS
?60 SW Nimh /\venue, Suite )0001 1~11!11111~. mt 1J120S
1i•/1•/llll>IJC Jll,l.2J,,JJl(U
I OJ I 7~036.1 00521 (11-0"49~
Page 3011
08/14/2019
8: 56
WED
FAX
fl!00S/006
CERTIFICATE OF SERVICE
2
I hereby certify that I served the foregoing THE TRUST, SPS, AND MERS'S
3
OPPOSITION TO MOTION FOR DEFAULT on the following named person(s) on the date
4
indicated below by
5
~
mailing with postage prepaid
6
D
hand delivery
7
D facsimile transmission
8
D overnight delivery
9
D email
10
11
to said person(s) a true copy thereof, contained in a sealed envelope if by mail, addressed to said
12
person(s)at his or her last-known address, and email, at the email address indicated below,
13
Robert McDonald, WSBA No. 43842
16
Scott E. Stafne, WSBA No. 6964
Stafnc Law
239 N, Olympic Avenue
Arlington, WA 98223
scott stafnelaw.com
K le c, stafnelaw.com
LeeAnn@stafnelaw com
17
Auorneyfor Plaintiffs
18
Delian P. Deltchev, WSB No. 36908 .
Ann T. Marshall, WSB No. 23533
Anglin Flewelling Rasmussen Campbell &
Trytten LLP
70 I Pike Strnet, Suite I 560
Seattle, WA 98101
[email protected]
[email protected]
14
15
19
20
21
22
23
24
25
Quality Loan Service Corporation of
Washington
_
108 1st Avenue South, Suite 202
Seattle, WA 98 I 04
[email protected]
Attorney for Defendant Quality Loan Service
Corporation o/Washington
Co-Counsel for Defendant Deutsche Bank
Narional Trust Company, as trustee for
Morgan Stanley ABS Capiral I Inc. trust 2007HE2 Mortgage Pass Through Ccrt{ficates,
Series 2007
Sara J, DiVittorio
Snohomish County Prosecutors. CivirDivision
3000 Rockefeller A venue, MS 504
Everett, WA 98201
[email protected]
Attorney for Defendants Snohomish County
Judges Appel, Bowden, Dingledy Ellis. Fair,
Farris, Judge, Krese, Kurtz, Langbehn, Larsen,
Lucas, Okrent, Weiss, and Wilson
26.
CERTIFICATE OF SERVICE - I
STOEi. RIVES LLP
160 SW Ninlh
103178036.l 0052161·06494
Page 3012
ATT91\f'IF.V~
AYOlllly, S1111~
~600, l'otlland, OR
1'olcpiume 501.22~.JJSO
97205
08/14/2019 WED
2
3
4
5
6
7
8
8: 56
FAX
~006/006
R. July Simpson, WSBA #45869
Rene D. Tomisscr, WSBA #17509
Assistant Attorney Generals
Office of the Attorney General of Washington
Complex Litigation Division
Lyndsey M. Downs
Geoffrey A. Enns
Snohomish County Prosecutors - Civil
Division
3000 Rockefeller A venue, MS 504
Everett, WA 9820 I
[email protected]
Geoffrev.Enns@co .snohomish. wa .us
Cynthia.Ryden@co .snohomish. wa.us
7141 Cleanwater Drive SW
P.O. Box 40111
Olympia, WA 98504-0111
[email protected] A.GOV
Attorneys for Defendants Snohomish County,
Snohomi.'ih County Auditor Carolyn Weikel,
Snohomish County Clerk Sonya Kraslci, and
Snohomish County Examiner o,f Titles & Legal
Advisors to the Registrar Jane Doe
9
Rene, [email protected]
[email protected]. gov
[email protected]
Attorneys/or Defendants State of Washington,
Governor Jay Ins {eiJ, and Attorney General
Robert Ferguson
10
11
12
DATED: August 141 2019.
STOEL
R.,~~S\_ ~
D~ar.:WSBA
13.
14
No. 15466
KC Hovda, WSBA No. 51291
jefltey. [email protected]
kc.hovda@stoeTcom
15
16
Of Attorneys for Defendants Deutsche Bank National
Trust Company; Deutsche Bank National Trust
Company as trustee for Morgan Stanley ABS Capital I
Inc. Trust 2007-HE2 Mortgage Pass Through
Certificates, Series 2007; Morgan Stanley ABS Capital I
Jnc. Trust 2007-HE2; Select Portfolio Servicing, Inc.;
and Mortgage Electronic Recording System, Inc.
17
18
19
20
21
22
23
24
25
26
CERTIFICATE OF SERVICE- 2
STOF.L R!Vl(S
ArronNl!YS
1.1.r
760 SW Ninth A\'Cnue, Snilc 3000, l'or11R~<I. 01! 9720,
1'11/up/101111 SOJ.U•, ,iJIW
103178036.1 005:!l 61-0(,494
Page 3013
·1
19-2-01383-31
MTSMJG
17
Motion for Summary Judgment
2
2u\9AUG \3 M19: I I
3
imi1li11111111111111m1111111111111
4
5
6
IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN AND FOR SNOHOMISH COUNTY
7
8
9
CHRISTOPHER LARSON and ANGELA
LARSON,
10
. Case No.: 19-2-01383-31
QUALITY LOAN SERVICE
CORPORATION OF
· WASHINGTON'S MOTION FOR
SUMMARY JUDGMENT WITH
NOTICE OF JOINDER
Plaintiffs,
11
V. ·
12
SNOHOMISH COUNTY et al.,
Defendants.
13
14
MOTION FOR DISMISSAL AND JOINDER OF MOTIONS
15
I.
16
Defendant
QUALITY
LOAN
SERVICE
CORPORATION
OF
17
WASHINGTON hereafter ("Quality") by and through their counsel Robert W.
18
McDonald, hereby joins in the Motions for Summary Judgment filed by Defendants
19
THE TRUST, SPS and MERS. The rationale presented, legal authorities cited,
20
evidence offered, and arguments mad_e by co-defendants in their respective Motions
21
for concerning the holdership of the Larson Promissory Note, Constitutionality of
22
the Washington Deed of Trust Act and the application of the Washington Consumer
23
Protection Act as to the facts surrounding this completed non-judicial foreclosure
24
equally apply to Quality. Accordingly, Quality joins in and incorporates herein by
25
reference said rationale, legal authorities, evidence and arguments in conjunction
26
with Quality's instant Motion for Summary Judgment and respectfully requests this
27
Court to dismiss Quality from this action with prejudice.
28
MOTION FOR SUMMARY JUDGMENT AND
JOINDER
Page 1
CV #WA-18-842379-CV I TS# WA-18-813156~BB
Page 3014
Quality Loan Service Corporation of Washington
108 1st Avenue South, Suite 202
Seattle, WA 98 I 04
PH: (206) 596-4862
FAX: (206) 257-1161
II. FACTUAL AND PROCEDURAL HISTORY
1
2
On or about October 6, 2006, Christopher E. Larson a Plaintiff in this action
3
executed a Promissory Note and Deed of Trust ("DOT") to secure a loan for
4
$218,000.00 against the real property commonly known as 11914 167 th Drive NE,
5
Arlington, WA 98233 ("The Property"). 1 The Larson DOT was recorded October 11
6
2006,
7
200610110833. On July 16, 2010, an assignment of Deed of Trust was recorded
8
noticing the beneficial interest in the Larson DOT was assigned to Deutsche Bank
9
National Trust Company, as Trustee, in trust for the registered holders of Morgan
10
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates,
11
Series 2007- HE2 hereafter ("Deutsche Bank"). 2
under SNOHOMISH County Recorder's
Office recording number
12
On May 17, 2018, Select Portfolio Servicing, Inc .. hereafter ("SPS") as
13
attorney in fact for the actual holder of the Larson Promissory Note: Deutsche Bank
14
appointed Quality Loan Service Corp. of Washington ("Quality") as Successor
15
Trustee. 3 The Appointment of Successor Trustee was recorded May 22, 2018, under
16
SNOHOMISH County Recorder's Office recording number 201805220502.
17
On June 6, 2018, following the process as required under Washington Law,
18
Quality noticed a Trustee's Sale to be held October 12, 2018 for the subject property. 4
19
The Trustee's Sale as to the Larson DOT was postponed once from October 12, 2018
20
to November 16, 2018. The Trustee's Sale was held as scheduled on November 16,
21
2018. The Trustee issued the Trustee Deed Upon Sale ("TDUS") November 19, 2018
22
in accordance with the fifteen day rule imposed under RCW 61.24.050(1 ). The
23
TDUS was recorded November 21, 2018, under SNOHOMISH County Recorder's
24
Office recording number 201811210432. 5
25
26
1
27
28
A true and correct copy of the Deed of Trust attached as Exhibit "I" to the McDonald Dec.
A true and correct copy of the Assignments of the Deed of Trust attached as Exhibit "2" to the McDonald Dec.
3
A true and correct copy of the Appointment of Successor Trustee is attached as Exhibit "3" to the McDonald Dec.
4
A true and correct copy of the Notice of Trustee's Sale is attached as Exhibit "4" to the McDonald Dec.
5
A true and correct "o_py of the Trustee's Deed U__pon Sale is attached~s Exhibit "5" to the McDonald Dei;W
MOTION FOR SUMNlARY JUDGMENT AND
~uahty Loan Service Corporat10n ot ashington
JOINDER
108 151 Avenue South, Suite 202
Seattle, WA 98104
Page2
PH:
(206) 596-4862
CV #WA-18-842379-CV I TS# WA-18-813156-BB
FAX: (206) 257-3163
2
Page 3015
1
On January 24, 2019 an Order was entered where the Plaintiffs' request for
2
Quiet Title was dismissed with prejudice and the causes of action under the
3
Washington Collection Agency Act and Washington Loan Act as to Quality were
4
also dismissed with prejudice. The issue of the Constitutionality of the Deed of Trust
5
Act was not argued before Judge Svaren on December 20, 2018 resulting in the issues
6
of the CPA Violation as to Quality and request for equitable remedies based on the
7
completion of the non - judicial foreclosure not being adjudicated.
8
Plaintiffs are seeking to invalidate the TDUS on the theories as to the Trustee
9
(1) the loan was never funded, (2) the Statute of Limitations ("SOL") rendered the
10
debt foreclosed upon unenforceable (3) the Note Holder and beneficiary Deutsche
11
Bank lacked standing to foreclosure due to Securitization of the Larson Note and (4)
12
The Washington Deed of Trust Act ("DTA") 6 is unconstitutional and therefore the
13
foreclosure advanced is void. These theories are the fundamental issues upon which
14
Plaintiffs' requested remedies and causes of action for violations concerning the
15
Washington Consumer Protect Act Violation brought against Quality. Here, the
16
public records indicates there were no defects in the Trustee's Sale. The Trustee's
17
Sale that was advanced by Quality was done so pursuant to the law in all respects at
18
the direction of Plaintiffs' noteholder. Plaintiffs' claims fail to create a genuine issue
19
of material fact as to Quality and therefore under Washington Law, Plaintiffs'
20
Complaint should be dismissed as a matter of law.
21
III. STATEMENT OF ISSUES
22
Whether there is no genuine issue of material fact and dismissal of Quality is
23
appropriate.
IV. EVIDENCE RELIED UPON
24
25
1.
Defendants' request for judicial notice.
26
27
28
6
The objectives of the nonjudicial foreclosure process authorized by the deeds of trust act (ch. 61.24 RCW) are (1) to
make the process efficient and inexpensive, (2) to provide an adequate opportunity for interested parties to prevent
wrongful foreclosure, and (3) to promote the stability of land titles. Jackson v. Quality Loan Serv. Corp., 186 Wn.
A&,p. 838. 846347 P.3d487y4899015J
OIION F R SOMMAR JO GM Nf AND
Quality Loan Service Corporation of Washington
JO IND ER
108 1st Avenue South, Suite 202
Seattle, WA 98104
Page 3
PH: (206) 596-4862
CV #WA-18-842379-CV I TS# WA-18-813156-BB
FAX: (206) 257-1161
Page 3016
1
2.
Declaration of Robert W. McDonald and exhibits thereto.
2
3.
The records and files herein, including the Plaintiffs' Complaint.
V. LEGAL AUTHORITY AND ARGUMENT
3
4
Under CR 56, a summary judgment motion should be granted if the pleadings,
5
affidavits, depositions, and admissions on file demonstrate there is no genuine issue
6
as to any material fact and that the moving party is entitled to judgment as a matter
7
of law. "[U]ltimate facts, conclusions of fact, conclusory statements of fact or legal
8
conclusions are insufficient to raise a question of fact." Snohomish County v. Rugg,
9
115 Wash. App. 218, 224 (Div 1, 2003). "The purpose of summary judgment is to
10
avoid a useless trial when there is no genuine issue of any material fact." Seven
11
Gables Corporation v. MGM/VA Entertainment Co, 106 Wash.2d 1, 7 (1986).
VI. ARGUMENT
12
1. Plaintiffs' Argument the DTA is Unconstitutional Fails.
13
There is established mandatory authority applicable on this issue from the
14
15
16
17
18
19
20
21
22
23
24
25
26
Division I Court of Appeals which binds this Court. Mr. Stafne, Plaintiffs' counsel
was also counsel of record for Ms. Sandra Shelly Jackson in Jackson v. Quality Loan
Serv. Corp., 186 Wn. App. 838,841,347 P.3d 487,489 (2015). In Jackson v. Quality
Loan Serv. Corp. the Washington Court of Appeals Division I held a nonjudicial
foreclosure proceeding established by the DTA ( Ch. 61.24 RCW) does not constitute
an unconstitutional infringement on the judicial powers of the superior courts. 7 The
nonjudicial foreclosure process is by its very definition not a judicial process. 8 A
nonjudicial foreclosure is not made pursuant to a judgment but, rather, is one
conducted under a power contained in a mortgage or a decree of foreclosure. As such,
it is made through an agreement between the grantor and the beneficiary of the deed
of trust. The DTA does not divest a superior court ofjurisdiction. The superior court's
constitutional grant of jurisdiction is preserved in specific portions of the DTA. 9
27
7
28
See, Jackson v. Quality Loan Serv. Corp., 186 Wn. App. 838,841,347 P.3d 487,489 (2015).
Id.
9
RCW 61.24.130
Quality Loan Service Corporation of Washington
MOTION FOR SUMMARY JUDGMENT AND
108 151 Avenue South, Suite 202
JOINDER
Seattle, WA 98104
Page4
PH:
(206) 596-4862
CV #WA-18-842379-CV I TS# WA-18-813156-BB
8
FAX: (206) 2'i7-1161
Page 3017
1
Under Washington Law until a· party challenges a foreclosure, there is no judicial
2
involvement. It is at that point that a superior's court's jurisdiction is invoked. Jackson
3
v. Quality Loan Serv. Corp., 186 Wn. App. 838,841,347 P.3d 487,489 (2015).
4
Here, Plaintiffs' argument fails as a matter oflaw. Plaintiffs failed to seek the
5
available remedies afforded them under Washington Law thereby waiving their
6
claims for any remedy at law or in equity other than monetary damages. By failing
7
to seek restraint of the sale, Plaintiffs expressly waived their ability to challenge the
8
validity or finality of the foreclosure sale or a subsequent transfer of the property. 10
9
Counsel's theories and constitutional arguments against the DTA have been
10
previously litigated with Quality and soundly rejected by the Washington State Court
11
of Appeals. 11
2. Securitization of the Larson Loan does not Discharge the Obligation
12
13
under the Promissory Note.
14
Washington Courts have also soundly rejected the argument that securitization
15
inherently changes the legal relationship between the parties to a promissory note
16
and deed of trust. 12 Velasco v. Discover Mortg. Co., No. 45642-7-II, 2015 Wash.
17
App. LEXIS 783 (Ct. App. Apr. 14, 2015) The argument that investors are the note
18
holder and entitle to payments under a promissory note making the investor the true
19
beneficiary has also been rejected by both the Division One Court of Appeals and
20
the Washington Supreme Court. See Cashmere Valley Bankv. State, 181 Wn.2d 622,
21
634, 334 P.3d 1100 (2014) (investor has no interest in underlying mortgages and
22
10
23
24
25
26
27
28
RCW 61.24.127(2)
See, Jackson v. Quality Loan Serv. Corp., 186 Wn. App. 838,841,347 P.3d 487,489 (2015).
12
Lane v. Vitek Real Estate Indus. Grp., 713 F. Supp. 2d 1092, 1099 (E.D. Cal. 2010) ("The argument that parties lose
their interest in a loan when it is assigned to a trust pool has also been rejected by many district courts."); see also Kuc
v. Bank of Am., NA, No. CV-12-08024-PCT-FJM, 2012 WL 1268126, at *3, 2012 U.S. Dist. LEXIS 53278, at *8-9
(D. Ariz. Apr. 16, 2012) ("[T]he theory that securitization renders the Deed of Trust unenforceable has been repeatedly
rejected."); White v. IndyMac Bank, FSB, No. 09-00571 DAE-KSC, 2012 WL 966638, at *6, 2012 U.S. Dist. LEXIS
37704, at* 17-18 (D. Haw. Mar. 20, 2012) ("The argument that parties lose their interest in a loan when it is assigned
to a securitization trust or REMIC has been rejected by numerous courts."); Washburn v. Bank ofAm., NA., No. l:l lcv-00193-EJL-CWD, 2011 WL 7053617, at *5, 2011 U.S. Dist. LEXIS 152410, at *15-16 (D. Idaho Oct. 21, 2011)
("This is not a new battlefield. Several courts have rejected various theories that securitization of a loan somehow
diminishes the underlying power of sale that can be exercised upon a trustor's breach." (internal quotation marks
omitted),).
MOTION FOR SUMMARY JUDGMENT AND
Quality Loan Service Corporation of Washington
108 1'1 Avenue South, Suite 202
JOINDER
Seattle, WA 98104
Page 5
PH:
(206) 596-4862
CV #WA-18-842379-CV I TS# WA-18-813156-BB
11
FAX: (206) 2.57-1161
Page 3018
1
deeds of trust and is not a beneficiary of those instruments). Jackson v. Quality Loan
2
Serv. Corp., 186 Wn. App. 838,849,347 P.3d 487,493 (2015).
3
In parsing out Plaintiffs' Complaint as to Quality, it appears they are
4
attempting to advance the legal theory the securitization of the Larson loan (1) voided
5
any obligation to the holder of the instrument, (2) voided the beneficiary's ability to
6
invoke the power of sale under the Larson Deed of Trust and (3) voided the
7
beneficiary ability to appoint a successor trustee. 13 All of these theories fail as a
8
matter of law as both the public record and pleadings before this Court indicate
9
Deutsche Bank held the Larson promissory note and therefore was the "beneficiary"
10
of the subject Deed of Trust under the Washington Deed of Trust Act. Therefore the
11
instant foreclosure was advanced by Quality on the proper authority. Plaintiffs
12
cannot prove any set of facts which would justify recovery and have not presented
13
any evidence creating a disputed material fact.
3. A Properly Executed and Recorded Assignment of Deed of Trust is Not a
14
15
Prerequisite to a Non-Judicial Foreclosure Sale.
16
The recording of an assignment of a deed of trust is not necessary or sufficient
17
to confer standing to foreclose because the security follows the note, rather than the
18
other way around. Fidelity & Dep. Co. v. Ticor Title Ins., 88 Wn. App. 64, 68, 943
19
P.2d 710 (1997); see also Carpenter v. Longan, 83 U.S. 271,275 (1872). Recording
20
of the assignments is for the benefit of third parties; it has no bearing on the rights as
21
between assignor and assignee." In re United Home Loans, Inc., 71 B.R. 885, 891
22
(W.D. Wash. 1987) (internal citation omitted). Assignments are recorded in order to
23
protect the assignee beneficiary from any potential claims by other parties claiming
24
to hold the beneficial interest, not to give borrowers notice of a transfer of the deed
25
of trust or the note. See Price v. N Bond & Mortg. Co., 161 Wash. 690,698 (1931);
26
Fidelity, 88 Wn. App. at 66-67. In this case, although not required, the public record
27
28
13
RCW 61.24.010(2)
MOTION FOR SUMMARY JUDGMENT AND
JOINDER
Page 6
CV #WA-18-842379-CV I TS# WA-18-813156-BB
Quality Loan Service Corporation of Washington
108 151 Avenue South, Suite 202
Seattle, WA 98104
PH: (206) 596-4862
Page 3019
FAX: (206) 257-1161
1
contains a notice of assignment of the Deed of Trust from the nominee of the original
2
lender (Mortgage Electronic Registration Systems, Inc.) New Century Mortgage
3
Corporation to Deutsche Bank. 14
4. Non-Judicial Foreclosure Advanced Pursuant to Washington Law.
4
5
A. The Christopher Larson Loan was in Default.
6
Plaintiffs put up their real property as collateral securing repayment of their
7
$218,000.00 loan. The Larson Deed of Trust gave the Trustee the power of sale over
8
the property. Failure to make payments on the Larson Promissory Note was an event
9
of default triggering the Trustee's power of sale and duty to advance a foreclosure
10
pursuant to the parties' contract. Here, there is no dispute that the Plaintiffs stopped
11
paying their mortgage. The Notice of Trustee Sale recorded memorializes the Notice
12
of Default was issued December 22, 2017. 15 The obligor materially defaulted on his
13
payment obligations. The default triggered the Trustee's power of sale, and the
14
Trustee had a duty to advance the foreclosure pursuant to the parties' agreement.
15
B. Notice of Default Valid.
16
The Notice of Default is the first legal notice in the non-judicial foreclosure
17
process. The Notice of Default can be issued by the trustee or the agent for
18
beneficiary. RCW 61.24.031(1)(a). In this case, the Notice ofDefault was issued by
19
North Cascade Trustee Services Inc., acting as a prior Trustee. The Notice of Default
20
correctly identifies Deutsche Bank as the note "owner." There are no issues or
21
irregularities as to the Notice of Default relied upon by Quality. 16
C. Trustee's Sale Advanced by the Note Holder "Beneficiary".
22
23
In Washington, non-judicial foreclosures are governed by the DTA, RCW
24
61.24. Under the Act, the "beneficiary" of the deed of trust with the power to
25
advance a foreclosure is the holder of the promissory note. RCW 61.24.005(2); Bain
26
v. Metropolitan Mortgage Group, Inc., 175 Wn.2d 83 (2012); Brown v. Dep't of
27
14
28
Deel. of McDonald Exhibit 2.
Deel. of McDonald Exhibit 4 ,r VI.
16
Deel. of McDonald Exhibit 9.
MOTION FOR SUMMARY JUDGMENT AND
JOINDER
Page 7
CV #WA-18-842379-CV I TS# WA-18-813156-BB
15
Quality Loan Service Corporation of Washington
108 l51 Avenue South, Suite 202
Seattle, WA 98104
PH: (206) 596-4862
Page 3020
FAX: (206) 2'i7-1161
l
Commerce, 184 Wn.2d 509, 533 (Wash. 2015). The Trustee, in verifying the identity
2
of the "beneficiary," is allowed to rely on a statutory beneficiary declaration from
3
the holder. RCW 61.24.030(7)(a); Brown v. Dep't of Commerce, 184 Wn.2d 509,
4
544 (Wash. 2015); Trujillo v. Northwest Trustee Services, Inc., 181 Wn. App. 484
5
(Wash. Ct. App. 2014); Jackson v. Quality Loan Serv. Corp., 186 Wn. App. 838,849
6
(Wash. Ct. App. 2015). In this case, Deutsche Bank was the "beneficiary" under the
7
Larson Deed of Trust because Deutsche Bank held the subject promissory note.
8
Deutsche Bank had the power to appoint a successor trustee and advance a non-
9
judicial foreclosure.
Furthermore, Quality complied with its Trustee duty and
10
obtained a beneficiary declaration confirming Deutsche Bank held the Larson
11
promissory note prior to recording the Notice of Trustee's Sale pursuant to RCW
.12
61.24.030(7)(a). 17
13
D. The Appointment of Quality Pursuant to RCW 61.24.010(2) 18 is Valid.
14
Here, Deutsche Bank had the authority to appoint Quality as Successor
15
Trustee. The Appointment of Successor Trustee recorded in SNOHOMISH County
16
May 22, 2018. 19 Plaintiffs' argument fails as the Appointment of Successor Trustee
17
complies with Washington Law because the appointment was made by the party with
18
the authority to issue the appointment and the instrument was recorded in the proper
19
county. Therefore the foreclosure advanced by Quality was in all respects based on
20
the proper authority.
21
E. Statute of Limitations Did Not Bar Foreclosure.
22
Under Washington Law, a foreclosure is timely if the Notice of Default is
23
issued within six years of expiration of the statute of limitations. Edmundson v. Bank
24
25
17 The declaration of beneficiary contained on the Trustee file is attached to the McDonald Declaration as Exhibit 6.
18 Under Washington Law, the deed of trust "beneficiary" has the power to appoint a successor trustee and to instruct
26
the trustee to initiate the foreclosure. RCW 61.24.010(2); Blair v. Nw. Tr. Servs., Inc., 193 Wn. App. 18, 31 (Wash.
Ct. App. 2016). The "beneficiary" of the deed of trust is the holder of the promissory note. RCW 61.24.005(2); Bain
v. Metro. Mortg. Grp., Inc., 175 Wn.2d 83, 103-104 (Wash. 2012); Brown v. Dep't ofCommerce, 184 Wn.2d 509,533
(Wash. 2015); Deutsche Bank Nat'! Tr. Co. v. Slotke, 192 Wn. App. 166, 177 (Wash. Ct. App. 2016) (deed of trust
follows the promissory note).
19
Deel. of McDonald Exhibit 3. (The recorded A_ppointment ofSucc~soi:.Trustee s,l)eaks fo_r itself.).
.
\..!Ual1ty Loan service corporation ofWashmgton
MOTION FOR SUMMARY JUDGMENT AND
st
108 1 Avenue South, Suite 202
JO IND ER
Seattle, WA 98104
Page 8
PH:
(206) 596-4862
CV #WA-18-842379-CV I TS# WA-18-813156-BB
27
28
FAX: (206) 2'i7-1161
Page 3021
l
of Am., NA, 194 Wn. App. 920,930 (2016); Lake v. Premier Fin. Servs., No. Cl 7-
2
0495JLR, 2017 U.S. Dist. LEXIS 89897, at *11-12 (W.D. Wash. June 12, 2017). In
3
this case, the default in which the foreclosure is premised was February 1, 2012. 20
4
The Notice of Default was issued in December 22, 2017. 21 The foreclosure was a
5
timely resort to remedies. 22 Thus, as to the sale held it was within the applicable
6
statute of limitations as to all installments foreclosed upon under established
7
Washington Law.
I.
8
Title Action.
9
A debt is not extinguished by expiration of the statute of limitations, and a
10
11
12
13
14
15
16
17
m~rtgage or deed of trust securing repayment of a time barred debt is voidable not
per se void. CHD, Inc. v. Boyles, 138 Wn. App. 131, 138-139 (Wash. Ct. App. 2007).
In order to void a mortgage or deed of trust securing a time-barred debt, the
homeowner must prevail in a RCW 7.28.300 quiet title action against the holder of
the secured debt. Id. This coincides with the general rule that affirmative defenses,
such as statute of limitations, are not self-executing. Alexander v. Food Services of
Am., 76 Wn. App. 425, 428-429 (Wash. Ct. App. 1994).
When Quality initiated its foreclosure, the Larson DOT encumbered the
18
19
20
21
22
23
24
25
To Void a Deed of Trust the Homeowner Must Prevail in a Quiet
property securing all unpaid installments, whether time-barred or not, because the
Plaintiffs had not prevailed in a RCW 7.28.300 action against Deutsche Bank and
obtained quiet title relief. Importantly, Quality owed a duty to all parties under the
Deed of Trust to advance the foreclosure pursuant to the law. 23 Here the foreclosure
advanced by Quality did not contain any potentially time barred debt. As to the
installments that were foreclosed, of course if the Plaintiffs had prevailed in a RCW
7.28.300 action against Deutsche Bank and quieted the deed of trust as to some or
26
Deel. of McDonald Exhibit 4 ~ IV.
Deel. of McDonald Exhibit 4 ~ VI, Deel. of McDonald Exhibit 9.
22
There are exactly 2151 days between 2/1/2012 and 12/22/2017 which equates to 5 years, 10 months and 21 days
excluding the end date.
23
RCW 61.24.010(4).
Quality Loan Service Corporation of Washington
MOTION FOR SUMMARY JUDGMENT AND
108 1st Avenue South, Suite 202
JOINDER
Seattle, WA 98104
Page 9
PH:
(206) 596-4862
CV #WA-18-842379-CV I TS# WA-18-81.3156-BB
FAX: (206) 257-1161
20
27
28
21
Page 3022
1
all the secured installments, Quality or any other successor trustee would have been
2
bound by that order and would have been prohibited from completing the a Trustee's
3
Sale. ·
4
ii.
5
Walcker v. Benson & McLaughlin, 79 Wn. App. 739, 746 (Wash. Ct. App.
6
1995), held RCW 7.28.300 applied to deeds of trusts, and could be asserted as a basis
7
to enjoin a trustee sale together with the quiet title relief. Walcker did not hold, nor
8
has any other court held, that RCW 7.28.300 is self-executing and a time-barred debt,
9
or certain installments, are automatically unsecured by the deed of trust and
10
11
Affirmative Defense of Statute of Limitations Not Self-Executing.
unenforceable by Trustee Sale.
5. No CPA Violation Under Trustee's Sale Advanced.
12
A private claim under the Consumer Protection Act requires (1) an unfair or
13
deceptive act or practice (2) occurring in trade or commerce; (3) that impacts the
14
public interest; (4) injury to business or property; and (5) causation. Hangman Ridge
15
Training Stables v. Safeco Title Ins. Co., 105 Wn.2d 778, 780 (Wash. 1986). Failure
16
to satisfy even one of the elements is fatal to a CPA claim.
17
Healthcare, 110 Wn. App. 290,298 (Wash. Ct. App. 2002). Technical violations of
18
19
20
21
22
23
24
25
26
27
28
Sorrel v. Eagle
the DTA do not constitute unfair or deceptive acts or practices actionable under the
CPA absent a showing of materiality or prejudice. Meyer v. US. Bank N.A., 2015
US. Dist. LEXIS 77235, 6-7 (W.D. Wash. June 9, 2015).
Plaintiffs' Complaint lacks substantive allegations of an "unfair or deceptive
act or practice" as to Quality. The first element under a CPA element, a plaintiff must
allege an unfair or deceptive act or practice that actually deceived or had "the
capacity to deceive a substantial portion of the public." Hangman Ridge, 105 Wash.
2d at 785. The CPA statute does not define the term "deceptive," but implicit in that
term is "the understanding that the actor misrepresented something of material
importance." Hiner v. Bridgestone/Firestone, Inc., 91 Wash. App. 722, 730 (1998).
In this case, the Complaint lacks any allegation that Quality engaged in a
deceptive act or practice that could possibly amount to material misrepresentations.
MOTION FOR SUMMARY JUDGMENT AND
JOINDER
Page 10
CV #WA-18-842379-CV I TS# WA-18-813156-BB
Quality Loan Service Corporation of Washington
108 1'1 Avenue South, Suite 202
Seattle, WA 98104
PH: (206) 596-4862
Page 3023
FAX: (206) 257-1161
1
At best, Plaintiffs allege in a round-a-about sort of way Quality participated in a
2
potential scheme to advance a foreclosure of a deed of trust that was void due to loan
3
origination. As to Quality, the loan funding issues raised, would have occurred
4
twelve years prior. A cause of action related to this violation would be barred by its
5
own statute of limitations. Plaintiffs must commence a Consumer Protection Action
6
within four years and a fraud claim within three years. See RCW 19.86.120 and
7
4.16.080(4). The statutory period for common-law fraud begins to run when the
8
aggrieved party discovers or should have discovered the fact of the fraud by due
9
diligence, and sustain some actual damages as a result therefrom. Browning v.
IO
Howerton, 92 Wn. App. 644, 966 P.2d 367 (1998). Plaintiffs alleges the fraud
11
occurred in connection with funding of Plaintiffs loan executed in October 2006.
12
Plaintiffs filed their lawsuit October 18, 2018 which was almost twelve years since
13
the original loan transaction. Plaintiffs also fails to allege or identify when any
14
alleged "concealment" by Quality (not a party to the loan transaction) happened.
15
Plaintiffs' CPA and quasi common law fraud claim as to Quality is untimely and
16
fails as a matter oflaw.
17
In the alternative, Plaintiffs allege the foreclosure advanced by Quality was a
18
deceptive act or practice due to the DTA being unconstitutional? This is an untenable
19
position as to Quality as Plaintiff takes the position that Quality following the law
20
committed a deceptive act or practice in doing so. As to the foreclosure advanced by
21
Quality against the Larson property secured by the Larson DOT, the public record
22
supports there were no defects in the Trustee's Sale. The debt foreclosed was not
23
time barred as no payments sought in the enforcement of the foreclosure of the
24
25
26
27
28
subject deed of trust were greater than six years delinquent at the time the operative
Notice of Default was issued. Plaintiffs have made no allegations that they have been
deceived by any actions of Quality.
Second, the Complaint fails to allege any conduct by Quality that impacts the
public interest-the second required element of a CPA claim. Every private plaintiff
MOTION FOR SUMMARY JUDGMENT AND
JOINDER
Page 11
CV #WA-18-842379-CV I TS# WA-18-813156-BB
Page 3024
Quality Loan Service Corporation of Washington
108 l51 Avenue South, Suite 202
Seattle, WA 98104
PH: (206) 596-4862
FAX: (206)257-1161
1
asserting a CPA claim must ·show that the acts complained of affect the public
2
interest, which fulfills the legislative statement of purpose, that the Act "shall not be
3
construed to prohibit acts or practices which . . . are not injurious to the public
4
interest." Hangman Ridge, 105 Wash. 2d at 788. The factors to be considered when
5
evaluating this element depend upon the context in which the alleged acts were
6
committed. Id. at 789-790. Where, such as here, the acts complained of involve a
7
consumer transaction, the following five factors are relevant:
8
9
10
11
(1) Were the alleged acts committed in the course of defendant's business?
(2)Are the acts part of a pattern or generalized course of conduct?
(3) Were repeated acts committed prior to the act involving plaintiff?
(4) Is there a real and substantial potential for repetition of defendant's conduct
after the act involving plaintiff?
12
(5)Ifthe act complained of involved a single transaction, were many consumers
13
affected or likely to be affected by it? Id. at 790.
14
15
16
17
18
Considering these factors and the allegations in the Complaint, Plaintiffs have
failed to plead facts necessary to meet this element as to Quality. There are no
allegations that the purported conduct of Quality is part of a pattern of conduct; that
there were repeated acts prior to the allegations concerning Plaintiffs; that there is
risk of repeat; or that many consumers were affected. Indeed, the sparse allegations
19
involving Quality do not even establish a violation of any state or federal laws as
20
noted above. Plaintiffs' mortgage loan was a private transaction, and the Complaint
21
fails to include sufficient allegations meeting the public interest element of a CPA
22
claim.
23
Finally, the Complaint does not include sufficient facts to establish causation
24
based on the action of Quality. Causation requires at least some credible allegations
25
of a causal link between the alleged misrepresentation and the purported injury. See
26
Indoor Billboard v. Integra Telecom, 162 Wash. 2d 59, 63 (2007). In Indoor
27
Billboard, the Washington Supreme Court adopted the proximate cause standard
28
embodied in WPI 15.01 for CPA claims, which requires a plaintiff to establish that,
MOTION FOR SUMMARY JUDGMENT AND
JOINDER
Page 12
CV #WA-18-842379-CV I TS# WA-18-813156-BB
Page 3025
Quality Loan Service Corporation of Washington
108 151 Avenue South, Suite 202
Seattle, WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
1
but for the defendant's unfair or deceptive practice, the plaintiff would not have
2
suffered an injury. Id.
3
Here, the Complaint lacks any allegations against Quality that might establish
4
this necessary element as Plaintiffs has plead no alleged acts deceptive act or practice
5
conducted by Quality that could possibly amount to material misrepresentations for
6
which Plaintiffs can a purported injury. As discussed above, the foreclosure was
7
8
9
10
11
12
properly advanced by Quality. Even if the debt or certain installments were time
barred (which they are not on their face), they were still secured by the deed of trust
on the date the Trustee's Sale was held November 16, 2018. In order to quiet the
deed of trust as to the secured debt or certain installments, Plaintiffs must first prevail
in his quiet title action against Deutsche Bank, which they failed to do. Because
Plaintiffs' CPA claim is based on (1) their unsupported theory the DTA is
unconstitutional, (2) the beneficiary did not have standing to pursue foreclosure and
13
14
15
16
17
18
19
20
21
22
23
24
25
26
(3) based on the assertion that Quality's foreclosure was improper because the debt
either never existed or was time barred in the alternative, the Plaintiffs' claim for
CPA fails as a matter of law.
6. Plaintiff's Request for Injunctive and Declaratory Relief Claims for
Remedies Against Quality Fail.
Plaintiffs' claims for declaratory relief and request for an injunctive remedy
were waived under RCW 61.24.127 and therefore also fail because the foreclosure
was advanced by Quality on the proper authority and pursuant to Washington Law.
There is no sale to enjoin as the Trustee's Sale was held November 16, 2018 and the
Trustee's Deed has been issued and recorded transferring title to the subject property
to the foreclosing beneficiary Deutsche Bank. A case is technically moot if a court
can no longer provide effective relief. Id. Under the pleading standard of a motion to
dismiss these claims fail as a matter of law and necessitate dismissal on the basis
Plaintiffs cannot prove any set of facts which would justify recovery as they have
27
28
MOTION FOR SUMMARY JUDGMENT AND
JOINDER
Page 13
CV #WA-18-842379-CV I TS# WA-18-813156~BB
Page 3026
Quality Loan Service Corporation of Washington
I 08 1st Avenue South, Suite 202
Seattle, WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
1
waived these claims. 24
7. The Larson DOT Provides the Recitals in the TDUS Shall Be Prima
2
3
Facia Evidence of the Truth of the Statements Made Therein.
4
The Larson Deed of Trust, dated October 6, 2006, recorded October 11, 2006,
5
included within the NON-UNIFORM COVENANTS on page 13 of 20 under
6
paragraph 22, the following language providing that in the event of a default and sale
7
of the property, the recitals in a TDUS shall be prima facia evidence of the truth of
8
the statements made therein.
9
10
"Trustee shall deliver to the purchaser Trustee's deed conveying
11
the Property without any covenant or warranty, expressed or
12
implied. The recitals in the Trustee's deed shall be prima facia
13
evidence of the truth of the statements made therein ... "
14
15
The parties are not in dispute that the Trustee's Sale was held as scheduled
16
and that the Plaintiffs failed to seek restraint of the November 16, 2018 Trustee's
17
Sale. Based on the DOT and recitals contained in Recorded TDUS, Plaintiffs carry
18
the burden to prove all legal requirements and all provision of the DOT were not
19
complied with as the TDUS recitals indicate all action to be performed and all notices
20
to be given were provided as required under in Chapter 61.24 RCW.
8. A Trustee's Sale is Final if the TDUS is recorded within 15 days of the
21
22
Trustee's Sale under RCW 61.24.050.
23
Under RCW 61.24.050( 1), upon physical delivery of the Trustee's Deed to the
24
purchaser, or a different grantee as designated by the purchaser following the
25
Trustee's Sale, the TDUS shall convey all of the right, title, and interest in the real
26
27
24
28
RCW 61.24.127(2) (b) The claim may not seek any remedy at law or in equity other than monetary damages; (c)
The claim may not affect in any way the validity or finality of the foreclosure sale or a subsequent transfer of the
pro.11.ertv·
MUTI6N FOR SUMMARY JUDGMENT AND
JOINDER
Page 14
CV #WA-I 8-842379-CV I TS# WA-18-813156-BB
Quality Loan Service Corporation of Washington
108 l51 Avenue South, Suite 202
Seattle, WA 98104
PH: (206) 596-4862
Page 3027
FAX: (206) 257-1161
1
and personal property sold at the trustee's sale which the grantor had or had the power
2
to convey at the time of the execution of the Deed of Trust, if the Trustee accepts a
3
bid, then the Trustee's Sale is final as of the date and time of such acceptance if the
4
TDUS is recorded within fifteen days thereafter. After a Trustee's Sale, no person
5
shall have any right, by statute or otherwise, to redeem the property sold at the
6
trustee's sale. (Emphasis added)
7
Here the Trustee's Sale was held November 16, 2018. The TDUS was
8
recorded 5 days later on November 21, 2018. Under RCW 61.24.050(1) the Trustee's
9
Sale is considered to be final. In conjunction with the previous referenced statute
10
RCW 61.24.127(2), Plaintiff is restricted from any claim affecting in any way the
11
validity or finality of the foreclosure sale or a subsequent transfer of the property.
12
9. No Cause of Action Against Quality; Leave to Amend Should Be Denied.
13
The Plaintiffs have no legal cause of action against Quality. Quality advanced
14
the previous non-judicial foreclosure pursuant to the law in all respect. Quality has
15
done nothing wrong that would be actionable under either federal or state law. This
16
is a frivolous lawsuit and it should be dismissed without leave to amend. Roth v.
17
Garcia Marquez, 942 F.2d 617, 628 (9th Cir. 1991) (leave to amend can be denied
18
where futile).
VII. CONCLUSION
19
20
Quality respectfully request their Joinder to the Defendants' Motion for
21
Summary Judgment be granted in its entirety, with prejudice, and without leave to
22
amend.
23
24
Dated: August 12, 2019
~o
RoertW.McDonald, WSBA #43842
Quality Loan Services Corp. of WA
25
26
27
28
Quality Loan Service Corporation of Washington
108 1st Avenue South, Suite 202
Seattle, WA 98104
PH: (206) 596-4862
MOTION FOR SUMMARY JUDGMENTAND
JOINDER
Page 15
CV #WA-18-842379-CV I TS# WA-18-813156-BB
FAX: (206) 257-1161
----
--------------------------
Page 3028
19-2-01383:::31
AN
. :16 ,_.
Answer
1
2
2019 AUG I 3 AH 9: I I
3
, iili11111111111111111111m11111
4
5
6
IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN AND FOR SNOHOMISH COUNTY
7
8
CHRlSTOPHERE. LARSON, and
ANGELA LARSON
9
Plaintiffs,
10
vs.
11
SNOHOMISH COUNTY, et al.
Case No.: 19-2-01383-31
ANSWER BY QUALITY LOAN
SERVICE CORPORATION OF
WASHINGTON
Defendants.
12
13
COMES NOW Defendant Quality Loan Service Corporation of Washington,
14
15
("Quality") answering Plaintiffs' Complaint as follows:
PARTIES
16
17
18
19
20
21
22
23
24
25
26
27
I.I
Admit as to Christopher Larson and Angela Larson being Plaintiffs in
this action, Quality has insufficient information to admit or deny the allegations
in remainder of paragraph 1 and on that basis deny the allegations.
1.2
Quality has insufficient information to admit or deny the allegations in
paragraph 1.2 and on that basis deny the allegations.
1.3
Admit Carolyn Weikel is the Auditor for Snohomish County, Quality
has insufficient information to admit or deny the remainder of the allegations in
paragraph 1.3 and on that basis deny the allegations.
1.4
Admit.
1.5
Quality has insufficient information to admit or deny the allegations in
paragraph 1.5 and on that basis deny the allegations.
1.6
Admit.
28
QUALITY LOAN SERVICE CORP. OF WA
l 08 1st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
QWA'S ANSWER-LARSON
Page 1
TS# WA-18-813156-BB I
CV# WA-18-842379-CV
Page 3029
1
1. 7
2
The balance of the paragraph calls for a legal conclusion and therefore no
3
response is required.
4
1.8
5
enumerated powers, Quality has insufficient information to admit or deny the
6
remainder of the allegations in paragraph 1.8 and on that basis deny the
7
allegations.
8
9
10
11
12
1.9
Admit as to Washington being a State of the United States of America.
Admit Robert Ferguson is the Washington State Attorney General with
Admit Jay Inslee is the Washington State Governor with enumerated
powers, Quality has insufficient information to admit or deny the remainder of
the allegations in paragraph 1.9 and on that basis deny the allegations.
1.10
Deny for lack of knowledge.
1.11
Admit as to MERS being a private registration system, as to the balance
of the paragraph the instrument referenced "speaks for itself."
13
14
15
16
17
1.12
Deny for lack ofknowledge.
1.13
Deny for lack of knowledge.
1.14
Admit Select Portfolio Servicing Inc. was the Plaintiffs' loan servicer,
Quality has insufficient information to admit or deny the remainder of the
allegations in paragraph 1.14 and on that basis deny the allegations.
18
1.15
19
appointed Trustee under the subject Deed of Trust. Quality advanced and
20
completed a Trustee's Sale on the Plaintiffs' subject property.
21
1.16
22
paragraph 1.16 and on that basis deny the allegations.
Admit Quality Loan Service Corp. of Washington ("Quality") is the
Quality has insufficient information to admit or deny the allegations in
JURISDICTION AND VENUE
23
This paragraph calls for a legal conclusion and therefore no response is
24
2.1
25
required.
26
2.2
Admit, Snohomish County is the proper venue for this matter.
27
2.3
Denied. Skagit County Superior Court Judge David A. Svaren has ruled
28
this matter must be transfer to Snohomish County.
QWA'S ANSWER-LARSON
QUALITY LOAN SERVICE CORP. OF WA
108 1st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206)257-3163
Page 2
TS# WA-18-813156-BB I
CV# WA-18-842379-CV
Page 3030
FACTS
1
2
3.1
No response required, see Defendant's previous responses.
3
3.2
Admit.
4
3.3
This paragraph calls for a legal conclusion and therefore no response is
5
required.
6
3.4
7
required.
8
9
10
11
12
3.5
This paragraph calls for a legal conclusion and therefore no response is
This paragraph calls for a legal conclusion and therefore no response is
required.
3.6
This paragraph calls for a legal conclusion and therefore no response is
required.
3.7
This paragraph calls for a legal conclusion and therefore no response is
required.
13
14
15
3.8
This paragraph calls for a legal conclusion and therefore no response is
required.
3.9
Deny for lack of knowledge.
3.10
Deny for lack of knowledge.
3.11
Deny for lack of knowledge.
18
3.12
Deny for lack of knowledge.
19
3.13
Deny for lack of knowledge.
20
3.14
Deny for lack of knowledge.
21
3.15
Deny for lack of knowledge.
22
3.16
This paragraph calls for a legal conclusion and therefore no response is
23
required.
24
3 .17
25
required.
26
3.18
27
required.
16
17
This paragraph calls for a legal conclusion and therefore no response is
This paragraph calls for a legal conclusion and therefore no response is
28
QUALITY LOAN SERVICE CORP. OF WA
l 08 l st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
QWA'S ANSWER-LARSON
Page 3
TS# WA-18-813156-BB I
CV# WA-18-842379-CV
Page 3031
1
3.19
2
required.
3
3 .20
4
required.
5
3 .21
6
to the balance of the paragraph denied for lack of knowledge.
7
3.22
8
9
10
11
12
13
14
15
16
17
This paragraph calls for a legal conclusion and therefore no response is
This paragraph calls for a legal conclusion and therefore no response is
Admit an application was filed and denied due to being incomplete, as
This paragraph calls for a legal conclusion and therefore no response is
required. To the extent a response is required denied for lack of knowledge.
3.23
Deny for lack of knowledge.
3.24
Deny for lack of knowledge.
3.25
Deny for lack of knowledge.
3 .26
This paragraph calls for a legal conclusion and therefore no response is
required. To the extent a response is required denied for lack of knowledge.
3.27.
This paragraph calls for a legal conclusion and therefore no response is
required. To the extent a response is required denied for lack of knowledge.
3 .28
This paragraph calls for a legal conclusion and therefore no response is
required. To the extent a response is required denied for lack of knowledge.
3.29
This paragraph calls for a legal conclusion and therefore no response is
18
required. To the extent a response is required denied for lack of knowledge.
19
3.30
20
required. To the extent a response is required denied for lack of knowledge.
21
3 .31
22
required. To the extent a response is required denied for lack of knowledge.
23
3.32
24
required. To the extent a response is required denied for lack of knowledge.
25
3.33
26
required. To the extent a response is required denied for lack of knowledge.
27
3.34
28
required. To the extent a response is required denied for lack of knowledge.
This paragraph calls for a legal conclusion and therefore no response is
This paragraph calls for a legal conclusion and therefore no response is
This paragraph calls for a legal conclusion and therefore no response is
This paragraph calls for a legal conclusion and therefore no response is
This paragraph calls for a legal conclusion and therefore no response is
QWA'S ANSWER- LARSON
Page 4
TS # WA-18-813156-BB
CV# WA-18-842379-CV
QUALITY LOAN SERVICE CORP. OF WA
108 1st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206)257-3163
J
Page 3032
1
3.35
2
required. To the extent a response is required denied for lack of knowledge.
3
3.36
4
required. To the extent a response is required denied for lack of knowledge.
5
3.37
6
required. To the extent a response is required denied for lack of knowledge.
7
3 .3 8
8
9
10
11
12
13
14
This paragraph calls for a legal conclusion and therefore no response is
This paragraph calls for a legal conclusion and therefore no response is
This paragraph calls for a legal conclusion and therefore no response is
This paragraph calls for a legal conclusion and therefore no response is
required. To the extent a response is required denied for lack of knowledge.
3.39
This paragraph calls for a legal conclusion and therefore no response is
required. To the extent a response is required denied for lack of knowledge.
3.40
This paragraph calls for a legal conclusion and therefore no response is
required. To the extent a response is required denied for lack of knowledge.
3.41
This paragraph calls for a legal conclusion and therefore no response is
required. To the extent a response is required denied for lack of knowledge.
3.42
Deny for lack of knowledge.
3.43
Deny for lack of knowledge.
3.44
Deny for lack of knowledge.
3.45
Deny for lack of knowledge.
18
3.46
Deny for lack of knowledge.
19
3.47
Deny for lack of knowledge.
20
3.48
Deny for lack of knowledge.
21
3.49
Deny for lack of knowledge.
22
3.50
Deny for lack of knowledge.
23
3.51
Deny for lack of knowledge.
24
3.52
Deny for lack of knowledge.
25
3.53
Deny for lack of knowledge.
26
3.54
Admit the beneficiary of the Plaintiffs' deed of trust is the holder of the
27
Plaintiffs' promissory note, as to the balance of this paragraph Quality denies for
28
lack of knowledge.
15
16
17
QUALITY LOAN SERVICE CORP. OF WA
I 08 I st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
QWA'S ANSWER-LARSON
Page 5
TS# WA-18-813156-BB I
CV# WA-18-842379-CV
Page 3033
1
3.55
Deny for lack of knowledge.
2
3.56
Deny for lack of knowledge.
3
3.57
Deny for lack of knowledge.
4
3.58
Deny for lack of knowledge.
5
3.59
Deny for lack of knowledge.
6
3.60
Deny for lack of knowledge.
7
3.61
Deny for lack of knowledge.
3.62
Deny for lack of knowledge.
3.63
Deny for lack of knowledge.
3.64
Deny for lack of knowledge.
3.65
Deny for lack of knowledge.
3.66
This paragraph calls for a legal conclusion and therefore no response is
8
9
10
11
12
required.
13
14
15
3.67
Admit that the Statute of Limitation in Washington as to the
enforcement and collection of a debt under a promissory note is six years.
3.68
Deny for lack of knowledge.
3.69
Deny for lack of knowledge.
3.70
Deny for lack of knowledge.
18
3.71
Deny for lack of knowledge.
19
3.72
Deny for lack of knowledge. Any document referenced "speaks for
20
itself."
21
3.73
22
itself."
23
3.74
24
itself."
25
3.75
26
itself."
27
3.76
28
required. Any document referenced "speaks for itself."
16
17
Deny for lack of knowledge. Any document referenced "speaks for
Deny for lack of knowledge. Any document referenced "speaks for
Deny for lack of knowledge. Any document referenced "speaks for
This paragraph calls for a legal conclusion and therefore no response is
QWA'S ANSWER- LARSON
QUALITY LOAN SERVICE CORP. OF WA
108 151 Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
Page 6
TS # WA-18-813156-BB I
CV# WA-18-842379-CV
Page 3034
1
This paragraph calls for a legal conclusion and therefore no response is
2
3.77
3
required.
4
3. 78
5
required. Any document referenced "speaks for itself." Denied to the extent a
6
recorded chain of title is required for "standing" to advance a non-judicial
7
8
9
10
11
12
13
14
15
16
17
This paragraph calls for a legal conclusion and therefore no response is
foreclosure.
3.79
Deny for lack of knowledge.
3.80
Deny for lack of knowledge.
3.81
Deny for lack of knowledge.
3.82
Deny for lack of knowledge.
3.83
Admit a Notice of Default was issued, as to the balance of the paragraph
denied for lack of knowledge. Any document referenced "speaks for itself."
3.84
Deny for lack of knowledge.
3 .85
Deny for lack of knowledge. Any document referenced "speaks for
itself."
3.86
Admit Northwest Trustee Services was appointed as Trustee prior to
Quality, deny the appointment was invalid or void.
18
3.87
Denied.
19
3.88
Deny for lack of knowledge.
20
3.89
Admit Quality was appointed as Trustee under the Plaintiffs' deed of
21
trust on May 17, 2018 by Deutsche Bank National Trust Company, as Trustee, in
22
trust for the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-
23
HE2, Mortgage Pass-Through Certificates, Series 2007- HE2.
24
3.90
25
2017 by North Cascade Trustee Services, deny as to the notice of default being
26
defective or VOID as loan was in default and at the time Quality issued the Notice
27
of Sale the default had not been cured.
28
3.91
Admit Quality relied upon the Notice of Default issued December 22,
Denied.
QUALITY LOAN SERVICE CORP. OF WA
108 1st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
QWA'S ANSWER- LARSON
Page 7
TS# WA-18-813156-BB I
CV# WA-18-842379-CV
Page 3035
1
2
CAUSE OF ACTION
3
Cause of Action for Injunctive Relief as against Snohomish County and
4
State Defendants
5
4.1 - 4.2.10
6
Defendants and State Defendants were dismissed without prejudice. This cause
7
of action does not apply to Quality.
Cause of Action for Judgment Quieting Title to Plaintiffs
8
9
10
11
4.3.1 -4.3.10 On December 20, 2018 this cause of action was dismissed with
preiudice as to all parties based on the Plaintiffs' failure to enjoin the Trustee's
Sale.
Cause of Action for Consumer Protection Act Violations
12
13
14
15
16
17
On December 20, 2018 all claims against Snohomish County
4.4.1
No response required, see Defendant's previous responses.
4.4.2
This paragraph calls for a legal conclusion and therefore no response is
required.
4.4.3
Denied as to Quality. Quality has insufficient information to admit or
deny the balance of the allegations in paragraph 4.4.3 and on that basis deny the
allegations.
18
4.4.4
Denied for lack of knowledge.
19
4.4.5
Denied for lack of knowledge.
20
4.4.6
Denied.
21
4.4.7
Denied for lack of knowledge.
22
Cause of Action for Violations of Washington's Collection Agency Act
23
4.5.1 -4.5.6
24
preiudice as to Quality. Order entered January 24, 2019.
On December 20, 2018 this cause of action was dismissed with
Cause of Action for Violations of Washington Loan Act
25
On December 20, 2018 this cause of action was dismissed with
26
4.6.1 - 4.6.4
27
preiudice as to Quality. Order entered January 24, 2019.
28
QUALITY LOAN SERVICE CORP. OF WA
108 1st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
QWA'S ANSWER- LARSON
Page 8
TS# WA-18-813156-BB I
CV# WA-18-842379-CV
Page 3036
1
Remedy for Declaratory Judgment that Deed of Trust Act is
2
Unconstitutional on Its Face.
3
4.7.1 -4.7.7
4
response is required. To the extent a response is required Quality denies that the
5
Deed of Trust Act is unconstitutional.
Equitable Cause of Action and Request for Relief
6
7
8
9
These paragraphs call for a legal conclusion and therefore no
4.8.1 - 4.8.9
These paragraphs call for a legal conclusion and therefore no
response is required. To the extent a response is required Quality denies that
Plaintiffs are entitled to equitable relief.
10
AFFIRMATIVE DEFENSES
11
12
13
Defendant hereby alleges the following affirmative defenses without
conceding that Quality necessarily bears the burden of proof:
FIRST AFFIRMATIVE DEFENSE
14
15
16
(Failure to State a Claim)
Plaintiffs' Complaint fails to state a claim against Quality upon which relief
can be granted.
17
SECOND AFFIRMATIVE DEFENSE
18
19
20
(Waiver and Estoppel)
Plaintiffs' allegations contained in their Complaint are barred on the basis of
the doctrines res judicata, waiver and/or collateral estoppel.
21
THIRD AFFIRMATIVE DEFENSE
22
(Laches and Unclean Hands)
23
24
Plaintiffs' allegations contained in their Complaint are barred on the basis of
the doctrines of laches and unclean hands.
25
FOURTH AFFIRMATIVE DEFENSE
26
(Failure to Mitigate Damages)
27
28
Plaintiffs' allegations contained in their Complaint fail on the basis and to the
extent that Plaintiffs have failed to mitigate their damages.
QWA'S ANSWER- LARSON
QUALITY LOAN SERVICE CORP. OF WA
108 1'1 Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206)257-3163
Page 9
TS# WA-18-813156-BB I
CV# WA-18-842379-CV
Page 3037
1
FIFTH AFFIRMATIVE DEFENSE
2
(Material Breach)
3
Plaintiffs' claims as set forth in its Complaint are barred on the basis and to
4
the extent that Plaintiffs materially breached their obligations under the Deed of
5
Trust and Promissory Note.
6
SIXTH AFFIRMATIVE DEFENSE
7
(Justification)
8
9
10
Quality was justified in initiating a non-judicial foreclosure against Plaintiffs'
real property where Plaintiffs breached the obligations under the Deed of Trust and
Promissory Note, and, as such, Plaintiffs' action is barred.
SEVENTH AFFIRMATIVE DEFENSE
11
(Unjust Enrichment)
12
Granting relief as requested by the Plaintiffs would constitute unjust
13
enrichment.
14
EIGHTH AFFIRMATIVE DEFENSE
15
16
17
18
(Lack of Damages)
Plaintiffs have not suffered any damages as a result of any actions taken by
Quality, and therefore Plaintiffs are barred from asserting any claim for relief against
Quality.
19
NINTH AFFIRMATIVE DEFENSE
20
(Good Faith)
21
22
Quality asserts as an affirmative defense that Plaintiffs' claims are barred
because Quality acted in good faith at all times.
23
TENTH AFFIRMATIVE DEFENSE
24
(Damages are Speculative and Disallowed)
25
Plaintiffs have not suffered any actual damages, and any damages claimed by
26
Plaintiffs are speculative and may not be recovered. Plaintiffs cannot recover non-
27
economic damages as they have not suffered injury to person, body, or property.
28
QUALITY LOAN SERVICE CORP. OF WA
108 1st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
QWA'S ANSWER-LARSON
Page 10
TS# WA-18-813156-BB \
CV# WA-18-842379-CV
Page 3038
1
ELEVENTH AFFIRMATIVE DEFENSE
2
(Reservation of Additional Defenses)
3
Quality reserves the right to advance other affirmative defenses if appropriate
4
after the discovery process is completed, as well as amendment of the Answer.
5
WHEREFORE, Quality prays that:
6
(A)
Plaintiffs' Complaint be dismissed with prejudice.
7
(B)
Plaintiffs takes nothing pursuant to its Complaint.
(C)
For such other and further relief as the Court may deem just and proper.
8
9
DATED: August 12, 2019
10
~
11
12
13
14
15
Robert W. McDonald, WSBA #43842
108 l51 Ave. S. Suite #202
Seattle, WA 98104
Phone: (206) 319-9054
Fax: (206) 257-3163
16
17
18
19
20
21
22
23
24
25
26
27
28
QUALITY LOAN SERVICE CORP. OF WA
108 1'1 Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
QWA'S ANSWER- LARSON
Page 11
TS# WA-18-813156-BB I
CV# WA-18-842379-CV
Page 3039
08/12/2019 MON 10: 31
FAX
~002/020
2
3
19-2-01383-31
ANAFDF
14
Answer and Affirmative Defense
6294239
Ill I 111111111111111111111111111111111111
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR SNOHOMISH COUNTY
8
9
CHRISTOPHER E. LARSON, and
ANGELA LARSON,
1O
11
12
Plaintiffs,
No. 19-2-01383-31
MERS'S ANSWER TO COMPLAINT
AND AFFIRMATIVE DEFENSES
V.
SNOHOMISH COUNTY, et al.,
13
Defe11dants.
14
15
Mortgage Electronic Registration Systems, Inc. ("MERS" or "Defendant") responds to
16
Plaintiffs Christopher E. Larson and Angela Larson (collectively, "Plaintiffs") Complaint ns
17
follows:
18
19
20
21
22
23
24
25
1.1
Defendant is without information or knowledge sufficient to admit or deny the
remaining allegations contained in this paragraph, and therefore denies the same.
1.2
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
1.3
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph; and therefore denies the same.
1.4
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
26
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES - 1
Submitted by: D. Jeffrey CourSer of Stoel Rives
STOEL n1vF.s 1.1.r
Original located 111: Sloe! Rives, 760 SW Ninth Ave, Suite 3000, Portland OR 97205
160 sw Ninlh Avcnu/~fl~1itt Ponlnud, OH
1• 1•11hona5oni./.n110
SENT ON 08-12-19 VIA rAX FOR FILING IN SNOHOMISH COUNTY SUPBRIOR COURT
I03158260.4 0052161 -06494
Page 3040
97205
08/12/2019 MON 10: 31
1.5
2
3
4
5
6
7
8
9
10
11
I2
13
FAX
~003/020
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
1.6
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
1.-7
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
1.8
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
1.9
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same,
1, 10
Defendant is without information or knowledge sufficient to admit or deny the
~!legations contained in this paragraph, and therefore denies the same.
1.11
Defendant answers that the Deed of Trust referred to in this paragraph is a
14
publicly recorded document that speaks for itself and denies any attempt to otherwise
15
characterize the same. All remaining allegations al'e denied.
16
17
18
1.12
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
I, 13
This paragraph is a legal conclusion, to which no answer is required, To the
19
extent an 1:mswer is required, Defendant is without information or knowledge sufficient to admit
20
or deny the allegations contained in this paragraph, and therefol'e denies the sanie.
21
1.14
This paragraph is a legal conclusion, to which no answer is requited, To the
22
extent an answer is required, Defendant is without information or knowledge sufficient to admit
23
or deny the allegations contained in this paragraph, and therefore denies the same.
24
1.15
This paragraph is a legal conclusion, to which no answer is required, To the
25
extent an answer is required, Defendant is without information or knowledge sufficie11t to admit
26
or deny the allegations contained in this paragraph, and thetefore denies the same.
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES - 2
STOF.1.
lllVES LLP
ATT9RNF.Y~
760 SW Ni111h Avon"~• Smte 30001 11orlle,1d, OR 97205
1'ele11l11111e 103.21,.JJH0
103158260.4 0052161-06494
Page 3041
08/12/2019 MON 10:31
1.16
FAX
~004/020
This paragraph is a legal conclusion, to which no answer is required. To the
2
extent an answer is required, Defendant is without information or knowledge sufficient to admit
3
or deny the allegations contained in this paragraph, and therefore denies the same,
4
2.1
This paragraph is a legal conclusion, to which no answer is required. To the
5
extent an answer is required, Defendant is without information or knowledge sufficient to admit
6
or deny the allegations contained in this paragraph, and therefore denies the same.
7
8
9
2.2
This paragraph is a legal conclusion, to which no answe1· is required. To the
extent an answer is required, Defendant does not oppose venue in Snohomish County.
2.3
This paragraph is a legal conclusion, to which no answer is required. To the
1O
extent an answer is required, Defendant is without information or knowledge sufficient to admit
11
or deny the ailegations contained in this paragraph, and therefore Defendant denies the same.
12
3, 1
Defendant incorporates its responses to all prior paragraphs,
13
3.2
This paragraph is a legal conclusion, to which no answer is required. To the
14
extent an answer is required, Defendant is without information or knowledge sufficient to admit
15
or deny the allegations contained in this paragraph, and therefore denies the same,
16
3.3
This pnragrnph is a legal conclusion, to which no answer is required. To the
17
extent an answer is required, Defendant is without information or knowledge sufficient to admit
18
or deny the allegations contained in this paragraph, and therefore denies the same,
19
3.4
This pa.ragraph is a legal conclusion, to which no answer is required. To the
20
extent an answer is required, Defendant is withoui information or knowledge sufficient to admit
21
or deny the allegations contained in this paragraph, and therefore denies the same.
22
3.5
This paragraph is a legal conclusion; to which no answel' is required. To the
23
extent an answer is required, Defendant is without information or knowledge sufficient to admit
24
or deny the allegations co11tai11ed in this paragraph, and therefore denies the same.
25
26
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES - 3
s,·op,r, HIVES 1.1,P
ATIOI\NBVS
760 SW Ninth Avcnu;, Suit• ;iooo, l'•ioilaucl, Oil 97205
1'~/r.pJ11111~ SOJ. ]2<1.JJ/IO
I 03158260.4 00Sl l 6 l-06494
Page 3042
08/12/2019 MON 10i32
3.6
FAX
~005/020
This paragraph is a legal conclusion, to which no answer is required. To the
2
extent an answer is required, Defendant is without information or knowledge sufficient to admit
3
or deny the allegations contained in this paragraph, and therefore denies the same.
4
3.7
This paragraph is a legal conclusion, to which no answer is required. To the
5
extent an answer is required, Defendant is without information or knowledge sufficient to admit
6
or deny the allegations contained in this paragraph, and therefore denies the same.
7
3.8
This paragraph is a legal conclusion, to which no answer is required. To the
8
extent an answer is required, Defendant is without information or knowledge sufficient to admit
9
or deny the allegations contained in this paragraph, and therefore denies the same.
10
11
12
3,9
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3.10
This paragraph is a legal conclusion, to which no answer is required. To the
13
extent an answe1· is required, Defendant is without information or knowledge sufficient to admit
14
or deny the allegations contained in this paragraph, and therefore denies the same.
15
3.11
This paragraph is a legal conclusion, to which no answer is required. To the
16
extent an answer is required, Defendant is without information or knowledge sufficient to admit
17
or deny the allegations contained in this paragraph, ai1d therefore denies the same.
18
3, 12
This paragraph is a legal conclusion, to which no answer is required. To the
19
extent an answer is required, Defendant is without information or knowledge sufficient to udmit
20
or deny the allegations contained in this paragraph, and therefore denies the same.
21
3.13
This paragraph is a legal conclusion, to which no answer is required. To the
22
extent an answer is required, Defendant is without information or knowledge sufficient to admit
23
or deny the allegations contained in this paragraph, and therefore denies the same.
24
3.14
This paragraph is a legal conclusion, to which no answer is required, To the
25
extent an answer is required, Defendant is without information or knowledge sufficient to admit
26
or deny the allegations contained in this paragraph, and therefore denies the same.
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES - 4
STOEi. 1tIvI,:s 1.1.P
AJTQRNP.V~
760 SW Ninlh /wcnu~, Smte 30001 11n,•ilMd, OR 9720,
'/'r!/er1f11,,,e 5/J3.22•.3J8Q
103158260.4 0052161-0M94
Page 3043
08/12/2019 MON 10:32
1
3.15
FAX
ll!006/020
This paragraph is a legal conclusion, to which no answer is required. To the
2
extent an answer is required, Defendant denies the same. Defendant specifically denies
3
Plaintiffs' stated "purpose" of MERS.
4
3 .16
This paragraph is a legal conclusion, to which no answer is required. To the
5
extent an answer is required, Defendant states thaL the cited decision speaks for itself and denies
6
any characterization inconsistent therewith.
7
3.17
This paragraph is a legaJ conclusion, to which no answer is required. To tire
8
extent an answer is required, Defendant states that the cited decision speaks for itself and denies
9
any characterization inconsistent therewith.
10
11
12
3.18
This paragraph is a legal conclusion; to which no answer is required. To the
extenL an answer is required, Defendant denies the same.
3, 19
This paragraph is a legal conclusion, to which no answer is required, To the
13
extent an answer is required, Defendant denies the same, Defendants further answer that the
14
legal opinion referred to in Paragraph 3, 19 speaks for itself and deny any attempt to otherwise
15
characterize the saine.
16
17
18
19
20
3.20
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
3.21
Defendant is without information or knowledge sufficient 10 admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3.22
This paragraph is a legal conclusion, to which no answer is required. To the
21
extent an answer is required, Defendant states that the referenced statule speaks for itself and
22
denies any characterization inconsistent therewith.
23
24
25
26
3.23
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3.24
Defendant is without information or knowledge sufficient to admit or deny many
of the allegations contained in this paragraph, and therefore denies the same. Further, some
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES-5
S'J'O!'.L RIVES
A'l1'0RNBVS
IM
760 ~W Ni111h Avenue, Suilc 30001 Ponlnn,I, 01~ 97205
103158260.4 0052161·06494
'/iJlephoM 50J.22,.JJ/I0
Page 3044
08/12/2019 MON 10: 32
FAX
~007/020
statements in this paragraph are legal conclusions, to which no answer is required. Defendant
2
specifically denies that there has been "mortgage fraud" on the subject loan.
3.25
3
Defendant is without information or knowledge sufficient to admit or deny the
4
allegations contained in this paragraph, and therefore denies the same. Further, some statements
5,
in this paragraph are legal conclusions, to which no answer is required.
3 .26
6
7
of the allegations contained in this paragraph, and therefore denies the snme.
3 .27
8
9
3.28
Defendant is without information or knowledge sufficienl to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3 .29
12
13
Defendant is without information or knowledge sufficient to admit or deny many
of the allegations contained in this paragraph, and therefore denies the same
10
11
Defe11dant is without information or knowledge sufficient to admit or deny 1nany
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3.30
14
Admitted only that the corporation known as Mortgage Electronic Registration
1S
Systems, Inc. was created during the 1990s. The remaining allegations in this paragraph are
16
denied.
17
18
19
20
21
22
23
3.31
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
3 .32
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3.33
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3 .34
Defendant is without information or knowledge sufficient to admit or deny many
24
of the allegations contained in this paragraph, and therefore denies the same. Further, some
25
statements in this paragraph al'e legal conclusions, to which no answer is required.
26
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES - 6
1i1vEs LLP
An9.n111,v,
STOEi.
760 SW Ninlh Ave1111e, S111ie JOOO/ 11!\l'lland, OR 97205
•1~/e{'ho11e .iOJ.22, .JJ/10
I 031 S8260.4 0052161-06494
Page 3045
08/12/2019 MON 10!32
3.35
2
3
4
5
6
7
8
9
lO
11
12
FAX
~008/020
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3.36
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3.37
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3.38
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same,
3.39
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant is without information or knowledge sufficient to admit
. or deny the allegations co11tained in this paragraph, and therefore denies the same,
3.40
This paragraph is a legal conclusion, to which no answer is required. To the
13
extent an answer is tequired, Defendant is without information or knowledge sufficient to admit
14
or deny the allegations contained in this paragraph, and therefore denies the same,
15
3 .41
This paragraph is a legal conclusion, to which no answer is required. To the
16
extent an answer is required, Defendant is without information or knowledge sufficient to admit
l7
or deny the allegations contained in this paragraph, and therefore denies the same.
18
19
20
21
22
23
24
25
3.42
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
3.43
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same,
3 ,44
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3 .45
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
26
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES-7
STOEL R1vr.s LLP
ATrORNUVS
760 SW Ninlh Ave,111e, Sui1a )0001 1'011lond. OR 9720.\
I 031 SR260.4 0052161-06494
roloph,me j0J.22~.JJ80
Page 3046
0 8 / 1 2 / 2 0 1 9 MON 1 0 : 3 3
3.46
2
3
4
5
6
7
8
9
lO
1J
12
13
FAX
~009/020
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3 .47
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3 .48
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3.49
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragrn.ph, and therefore denies the saine.
3.50
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3.51
This paragraph is a legal conclusion, to which no answer is required. To the
extent un answer is required, Defendant denies the same,
3.52
Defendant states that the records of the court in the New Century bankruptcy case
14
speak for themselves and to the extent the allegations of this paragraph are inconsistent with
15
those records, Defendant denies the same.
16
3.53
Defendant states that the records of the court in the New Century bankruptcy case
17
speak for themselves and to the extent the allegations of this paragraph are inconsistent with
18
those records, Defendant denies the same.
19
20
21
3.54
This paragraph is a legal conclusion, to which no apswer is required. To the
extent an answer is required, Defendant denies the same.
3.55
Defendant states that the records of the court in the New Century bankruptcy case
22
speak for themselves and to the extent the allegations of this paragraph are inconsistent with
23
those records, Defendant denies the same.
24
3.56
Defendant states that the records of the court in the New Century bankruptcy case
25
speak for themselves and to the extent the allegalions of this paragraph are inconsistent with
26
those records, Defendant denies the same.
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES 8
w
S'J'Ot,;L RIVES 1.1.v
A'l'TORNDYS
760 SW Miulh Avc1u1c, Suilc )0001 l'urll11nd. 01( 9720,
Talap/11111e JOJ.12~.3JI/IJ
IOJ I 58260.4 0052 I61-06494
Page 3047
08/12/2019 MON 10! 33
3.57
FAX
~010/020
Defendant states that the records of the court in the New Century bankruptcy case
2
speak for themselves and to the extent the allegations of this paragraph are inconsistent with
3
those records, Defendant denies the same.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
3.58
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
3.59
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
3.60
This paragraph is a legal conclusion, to which no answer is requited. To 1:he
extent an answer is required, Defendant denies the same.
3 .61
Defendant is without information or knowledge sufficient to admit or deny the
aliegations contained in this paragraph, and therefore denies the same.
3.62
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this pai·agraph, and therefore denies the same.
3.63
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same,
3.64
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same,
3.65
Admitted that the deed of trust is dated October 9, 2006.
Defendant is without
19
information or knowledge sufficient to admit or deny the further allegations contained in this
20
paragraph, and therefore denies the same,
21
3.66
This paragraph is a legal conclusion, to which no answer is required. To the
22
extent an answer is required, Defendant is without information or knowledge sufficient to admit
23
or deny the allegations contained in this paragraph, and therefore denies the same.
24
25
3.67
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this parugrnph, and therefore denies the same.
26
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES - 9
STOEi, ltlVE/l Ll,V
ATT0RNllYS
760 SW Ninlh Avc1111~, Suilc 3000, Pot1l11n1I, 01\ 9720S
103158260.4 0052161-06494
r"'"P'lfJ"" JIIJ. u~ ..11110
Page 3048
08/12/2019 MON 10:33
3.68
2
3
FAX
~011/020
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the sa1ne.
3 .69
This para.graph is a legal conclusion, to which no answer is required, To the
4
extent an answer is required, Defendant states that the notice of default referred to in this
S
paragraph speaks for itself and denies any characterization inconsistent therewith,
6
7
8
9
10
3, 70
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same,
3.71
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same.
3. 72
Defendant states that the documents referred to in this paragraph speak for
11
themselves and denies any characterization inconsistent therewith. Defendant is without
12
information or knowledge sufficient to admit or deny the remaining allegations contained in this
13
paragraph, and therefore denies the same.
14
3.73
This paragraph is a legal conclusion, to which no answer is required. To the
15
extent an answer is required, Defendant states that the notice of trustee's sale referred to in this
16
paragraph speaks for itself and denies any characterization inconsistent therewith.
17
3. 7 4
Defe~dant states that the letter referred to in this paragraph speaks for itself and
18
denies any characterization inconsistent therewith. Defendant is without information or
19
knowledge sufficient to admit or deny the remaining allegations contained in this paragraph, and
20
therefore denies the same,
21
3.75
Defendant states that the documents referred to in this paragraph speak for
22
themselves and denies a.ny characterization inconsistent therewith. Defendant is without
23
information or knowledge sufficient to admit or deny the remaining allegations contained in this
24
paragraph, and therefore denies the same.
25
26
3,76
Defendant states that the corporate assignment referred to in this paragraph speak
for itself and denies any char~cterization inconsistent therewith. The remaining allegations in
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES - 10
STOEi, mvi-s ,.,.•
ATTORNBYS
760 SW Ninth Avenue, S\lilc ;1000, Ponlnud, OR 1)7205
1'<:lrpht111e J(l.i.11• ..lJIJO
103 I 58260.4 0052161 ·06494
Page 3049
08/12/2019 MON 10: 34
FAX
~012/020
this para.graph are legal conclusions, to which no answe1· is required. To the extent an answer is
2
3
required, Defendant denies the same.
3.77
This paragraph is a legal conclusion, to which no answer is required. To the
4
extent an answer is required, Defendant is without information or knowledge sufficient to admit
5
or deny the allegations contained in this paragraph, and therefore denies the same.
6
7
8
9
10
11
12
13
14
15
16
3.78
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
3.79
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies the same,
3.80
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, iµid therefore denies the same.
3.81
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and thel'efore denies the same.
3 .82
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this para.graph, and therefore denies the same.
3.83
Defendant states that the notice of default referred to in this paragraph speaks for
17
itself and denies-any characterization inconsistent therewith. The remainder of this paragraph is
18
a legal conclusion, to which no answer is required. To the extent an answer is required,
19
Defendant denies the same.
20
21
22
23
24
25
3.84
Defendant is without information or knowledge sufficient to admit or deny the
al legations contained in this paragraph, and therefore denies the same.
3.85
Defendant is without information or knowledge sufficient to admit 01· deny the
allegations contained in this paragraph, and therefore denies the same.
3.86
Defendant states that the Appointment of Successor Trustee referenced in this
paragraph speaks for itself and denies any characterization inconsistent therewith. The
26
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES-11
STOI\I, lllVl;S
IH
ATTORNEYS
760 SW Nilllh Av~nu;, Sl•ilc )]0001 l'1mln1•1I, ()R 97205
I031 58260.4 0052161-06494
'/l:lr.p/11mr. JIJ, ,12•.JJI/()
Page 3050
08/12/2019 MON 10:34
FAX
~013/020
remainder of this paragraph is a legal conclusion, to which no answer is required. To the extent
2
3
an answer is required, Defendant denies the same.
3.87
Defendant states that the notice of default referred to in this paragraph speaks for
4
itself and denies any characterization inconsistent therewith, The remainder of this paragraph
5
contains legal conclusions, to which no answer is required. To the extent an answer is required,
6
Defenda11t denies the same.
7
8
9
3.88
Defendant is without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore denies ·the same.
3.89
Defendant states that the Appointment of Successor Trustee referenced in this
lO
paragraph speaks for itself and denies any charncterization inconsistent therewith. The
11
remainder of this paragraph contains legal conclusions, to which no answer ls required. To the
12
extent an answer is required, Defendant denies the same.
13
14
15
16
17
18
3.90
Defendant is without information or knowledge sufficient to admit or deny the
allegutions contained in this paragraph, and therefore denies the same.
3.91
This paragraph is a legal conclusion, to which no answer is required. To the•
extent an answer is required, Defendant denies the same,
4.1. to 4.2, 10 The Causes of Action alleged in these paragraphs are not pled against the
Defendant and thus no response is required by Defendant to those paragraphs.
19
4.3 to 4.3, 1O. The Quiet Title Cause of Action alleged in these para.graphs was dismissed
20
as to all named defendants by the Skagit County Superior Court, and thus no response is required
21
to these pal'agraphs.
22
4.4.1
Defendant incorporates its responses to all prior par,agraphs.
23
4.4.2
This paragraph is a legal conclusion, to which no answer is required. To the
24
25
26
extent an answer is required, Defendant denies the same.
4.4.3
This paragraph ls a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES- 12
STOl!.L RlVI\S LLP
AlTOltN~YS
760 SW Ninlh Ave,1110, Suilo 300011'01tland. OR 97201
103158260.4 0052161·06494
'/illdphond J0J.22..JJB0
Page 3051
08/12/2019 MON 10:34
4.4.4
2
3
4
5
6
7
8
9
lO
11
12
FAX
ll)014/020
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same,
4,4.5
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
4.4.6
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answeJ' is re,quired, Defendant denies the same.
4.4.7
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
4.5, 1 Defendant incorporates its responses to all prior paragraphs,
4.5.2
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
4.5.3
This paragraph is a legal conclusion, to which no answer is required. To the
13
extent an answer is required, Defendant is without information or knowledge sufficient to admit
14
or deny the allegations contained in this para.graph, and therefore denies the same,
15
16
17
4.5.4
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
4.5.5
This paragraph is a legal conclusion, to which no answer is required, To the
18
extent an answer is required, Defendant states that the statutes referenced in this paragraph
19
speaks for themselves and denies any characterization incoJisistent therewith,
20
4.S.6
This paragraph is a legal conclusion, to which no answer is required. To the
2I
extent an answer is required, Defendant states that the statute referenced in this paragraph speaks
22
for itself and denies any characterizaHon inconsistent therewith Defendant denies the same.
23
4.6.1
Defendant incorporates its responses to all prior paragraphs.
24
4.6,2
This paragraph is a legal conclusion, to which no answer is required. To the
25
extent an answer is required, Defendant denies the same,
26
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES-13
STOEL RIVES I.LS
A'M'OI\NOYS
760 SW Ninth Avenue. Suire J000, Ponln11d, OR 97205
103158260,4 00S2 l 6 J-06494
'/iJ!Gpho110 50J,22.-JJliO
Page 3052
08/12/2019 MON 10!34
4.6.3
2
3
~015/020
FAX
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is tequired, Defendant denies the same.
4,6,4
This paragraph is a legal conclusion, to which no answer is required. To the
4
extent an answer is required, Defendant states that the statute referenced in this paragraph speaks
5
for itself and denies any characterization inconsistent therewith.
6
4. 7.1
Defendant incorporates its responses to all prio1· pa1·agraphs,
7
4.7,2
Defendant is without information or knowledge sufficient to admit or deny the
8
9
10
11
12
13
allegations contained 'in this paragraph, and therefore denies the same.
4.7.3
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
4.7.4
.This paragraph is a l~gal conclusion, to which no answer is required. To the
extent an answer is required, Defendant denies the same.
4.7.5
This paragraph is a legal conclusion, to which no answer is required. To the
14
extent an answer is requil'ed, Defendant is without illformation or knowledge sufficient to admil
15
or deny the allegations contuined in this paragraph, and therefore denies the same,
16
4.7.6
This paragraph is a legal conclusion, to which no answer is required. To the
17
ext~nt an a.nswer is required, Defendant is without information or knowledge sufficient to admit
18
or deny the allegations contained in this paragraph, and therefore denies the same.
19
4.7.7
This paragraph is a legal conclusion, to which no answer is required. To the
20
extent an answer is required, Defendant is without information or knowledge sutlicient to admit
21
or deny the allegations contained in this paragraph, and therefore denies the same.
22
4.8.1
Defendant incorporates its responses to all prior paragraphs.
23
4.8.2
This paragraph is a legal conclusion, to which no answer is required. 'To the
24
extent an answer is required, Defendant is without information or knowledge sufficient to admit
25
or deny the allegations contained in this paragraph, and therefore denies the same.
26
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES-14
Smr-:1. RIVES,...,
I\TT91\NS~
760 SW Nl,1111 Ave,1,,~. S1111~ , 1\00, \'9rtlnnd, OR 97205
103158260.4 0052161-06494
1',,/eph,1110 J/1,1,214.. Jl/(1
Page 3053
08/12/2019 MON 10:35
FAX
~016/020
4.8.3 . This paragraph is a legal conclusion, to which no answer is required. To the
2
extent an answer is required, Defendant is without information or knowledge sufficient to admit
3
or deny the allegations contained in this paragraph, and therefore denies the same.
4
4.8.4
This paragraph is a legal C(?nclusion, to which no answer is required. To the
5
extent an answer is requited, Defendant is without information or knowledge sufficient to admit
6
or deny the allegations contained in this paragraph, and therefore denies the same.
7
4.8.5
This paragraph is a legal conclusion, to which no answer is required. To the
8
extent an answer is required, Defendant is without information or knowledge sufficient to admit
9
or deny the allegations contained in this paragraph, and therefore denies the same.
1O
4.8.6
This paragraph is a legal conclusion, to which no answer is required. To the
11
extent an answer is required, Defendant is without information or knowledge sufficient to admit
12
or deny the allegations contained in this paragraph, and therefore denies the same.
4.8. 7
13
This paragraph is a legal conclusion, to which no answer is required. To the
14
extent an answer is required, Defendant is without information or knowledge sufficient to admit
15
or deny the allegations contained in this paragraph, and therefore denies the san1e.
4.8.8
16
This paragraph is a legal conclusion, to which no answer is required. To the
17
extent an answer is required, Defondant is without information or knowledge sufficient to admit
18
or deny the allegations contained in this paragraph, and therefore denies the same,
19
20
4.8.9
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is t'equired, Defendant denies the same.
PRAYER FOR RELIEF
21
22
Defendant states that the Prayer for Relief in the Complaint is mis-numbered, but with
23
respect to all paragraphs in the Prayer, Detendant admits only that Plaintiffs pray for such relief,
24
but denies that they are entitled to any such relief against any of the private defendants, including
25
MERS.
26
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES - 1S
SnJEL RIVES l.l.f
AlTllffNEYS
760 sw Nimh Avenuo. S11i10 Jooo, Po11lnnd.
7't!lepllo11e 503.22,. J 180
I03 I 58260.'I 00S216 l-06494
Page 3054
on
9120,
08/12/2019 MON 10: 35
FAX
~017/020
AFFIRMATIVE AND ADDITIONAL DEFENSES
2
Having fully answered the Complaint, Defendant asseJ1S the following defenses:
3
1.
Plaintiffs fail to state a claim upon which relief may be granted.
4
2.
Plaintiffs lack standing, or the Plaintiffs' claims are otherwise nonjusticiabte.
5
3,
Plaintiffs' claims are barred because Plaintiffs waived their right to complain of
6
the acts or conduct alleged.
4,
7
8
the acts or conduct alleged.
5.
9
1O
Plaintiffs' claims are barred because Plaintiffs ure estopped from complaining of
Plaintiffs' claims are barred because Plaintiffs l'atified the loan and all conduct
sunounding the occurrences alleged in Plaintiffs' claims.
11
6.
Plaintiffs' claims are barred by the applicable statute(s) of limitations.
12
7.
Plaintiffs' claims are barred because of the equitable doctrine of laches.
13
8.
Plaintiffs' claims al'e barred because Plaintiffs have not suffered any damages and
14
therefore are not entitled to relief.
15
16
17
18
19
9.
Pla.intiff:s' claims are barred because Plaintiffs are limited to actual damages by
10.
Plaintiffs' claims arc barred based on Plaintiffs' contributory fault and/or prior
statute.
material breaches of the loan documents.
Defendant reserves the right to add defenses and affirmative defenses, third-party
20
defendants, and to argue legal theories in addition to, or in lieu of, those specifically identified
21
herein, as the facts in this matter may warrant, including without limitation, additional or furthel'
22
facts hereafter disclosed through discovery.
PRAYER FOR RELIEF
23
24
WHEREFORE, Defendant pl'ays as follows:
25
1.
26
PlaintiffSi
That the Court dismiss Plaintiffs' claims with prejudice and without recovery by
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES - 16
S'l'Ol,'.L RIV~S 1.1.r
A'M'OANllVS
760 SW Ninth Avenue. Suilc 30001 Ponlnnd. OR 97205
.
1elepilo,w 50J.1h.!.1~0
IOJ 158260.4 0052161-06494
Page 3055
08/12/2019 MON 10i35
2.
2
FAX
That the Court gl'ant Defendant recovery of attorneys' fees and costs on any
recognized ground in equity, contract, or statute; and
That Defendant have such other, further or different relief as the Court may deem
3
3.
4
just and equitable.
5
~018/020
DATED: August 12, 2019.
6
7
D. Jeffr
8
KC Hovda, WSBA No. 51291
[email protected]
kc.hovda@stoeTcom
9
Cou
, WSBA No. 15466
Attorneys for Mortgage Electronic Registration
lO
Systems, Inc.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
MERS'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES - 17
S'1'01::L R1vt:~ LLP
ATrOJtNfY~
760 SW Nl,uh A1re111,~, Sui10 30001 Po1,lftnd, OR 97205
r.1, 1,1,()110 jOJ.11,. JJRO
.
I 03 I ~8260.4 0052161-06494
Page 3056
08/12/2019 MON 10: 35
FAX
llJ019/020
CERTIFICATE OF SERVICE
2
I hereby certify that l served the foregoing MERS'S ANSWER TO COMPLAINT
3
AND AFFIRMATIVE DEFENSES on the following named person(s) on the date indicated
4
helowby
s
l!1 mailing with postage prepaid
6
D hand deli very
7
D
8
D overnight delivery
9
D email
facsimile transmission
10
11
to said person(s) a true copy thereof, contained in a sea.led envelope lf by mail, addressed to said
12
person(s) at his or her last-known address, and email, at the email address indicated below.
13
14
15
Scott E. Stathe, WSBA No. 6964
·
Stafne Law
239 N. Olympic Avenue
Arlin ton, WA 98223
scott a stafoelaw.com
[email protected]
Robert McDonald, WSBA No. 43842
Quality Loan Service Corporation of
Washington
108 1st Avenue South, Suite 202
Seattle, WA 98104
[email protected]
16
[email protected]
17
Attorney for Plaintiffs
18
Delia11 P. Deltchev, WSB No. 36908
A1111 T. Marshall, WSB No. 23533
Anglin Flewelling Rasmusse11 Cnmpbell &
Trytten LLP
70 I Pike Street, Suite 1560
Seattle, WA 98101
[email protected]
[email protected]
19
20
21
22
23
24
25
Allorney for Defendant Quality Loan Service
Corporation of Washington
Co-Counsel for Defendant Deutsche Bank
National Trust Company, as trustee.for
Morgan Stanley ABS Capital I Inc. Trust 2007HE2 Mortgage Pass Through Certificates,
Series 2007
Sara J. DiVittorio
Snohomish County Prosecutors - Civil Division
3000 Rockefeller A venue, MS 504
Everett, WA 98201
[email protected]
Attorney for Defendants Snohomish County
Judges Appel, Bowden, Dingledy Ellis, Fair,
'Farris, Judge, Krese, Kurtz, Langbehn, Larsen,
Lucas, Okrent, Weiss,and Wilson
26
CERTIFICATE OF SERVICE - 1
S'WEL RIVES
ATIORNllYS
LLI'
760 SW Nimh Avenue. Snilc ~0001 Ponlnn~. OR
Telopl•oM 50.l..l]<,.i,ll/lJ
1031582(10.4 0052161-06494
Page 3057
•inos
08/12/2019 MON 10: 36
FAX
2
Lyndsey M. Downs
Geoffrey A. Enns
Snohomish County Prosecutors - Civil
3
Division
3000 Rockefeller A venue, MS S04
4
5
6
7
8
llJ020/020
Everett, WA 98201
[email protected],us
[email protected]
[email protected]
Attorneys/or Defendant.~· Snohomish County,
Snohomish County Audiror Carolyn Weikel,
Snohomish County Clerk Sonya Kraski, and
Snohomish County Examiner of Titles & ,legal
Advfa·ors to the Registrar Jane Doe
9
R. July Simpson, WSBA #45869
Rene D. Tomisser, WSBA #17509
Assistant Attorney Generals
Office of the Attorney Genet-al of Washington
Complex Litigation Division
7141 Cleanwater Drive SW
P.O. Box 40111
Olympia, WA 98504-0 l 11
RJulyS@ATG. WA.GOV
[email protected]
SaraC2@atg. wa. gov
[email protected]
Attorneys.for Defendants State of WaJ•hington,
Governor Jay Ins lee, and Attorney General
Robert Ferguson
10
11
(
DATED: August 12, 2019,
12
13
D. Jefi Co rser, WSBA No. 15466
KC Hovda, WSBA No. 51291
14
[email protected]
[email protected]
15
Attorneys for Mortgage Electronic Registration
Systems, Inc.
16
17
18
19
20
21
22
23
24
25
26
CERTIFICATE OF SERVICE- 2
STOF:L RIVES LU
ATl'()!INtiYS
760 SW Ninlh Ave1111~, S11ilo 30001 ranlm1d. OR 97205
1031S8260.4005216\-06494
'/'o/,;1ilume JOJ.22,. JJBO
Page 3058
08/12/201~ MON 14: 34
,.
FAX
~002/019
.•
2
3
19-2-01383-31
ANAFDF
13
Answer and Affirmative Defense
i l l l l l\1111111~I~
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR SNOHOMISH COUNTY
8
9
CHRISTOPHER E. LARSON, and
ANGELA LARSON,
Plaintiffs,
10
11
12
13
No. 19-2-01383-31
THE TRUST AND SPS'S ANSWER TO
COMPLAINT AND AFFIRMATIVE
DEFENSES
V.
SNOHOMISH COUNTY, et al.,.
Defendants.
14
15
16
17
18
19
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of
Morgan Stanley ABS Capital I Inc. Trust 2007-1-182, Mortgage Pass-Through Certificates, Series
2007- HE7 (the "Trust"),
1
and its loan servicer, Sl:lect Portfolio Se1·vicing, Inc, (11 SPS")
(collectively, "Defendants") responds to Plaintiffs Christopher E. Larson and Angela Larson
(collectively, "Plaintiffs") complaint as follows:
20
21
22
23
24
25
26
1
Plaintiffs stipArnlely name in the Complaint "DEUTSCHE BANK NATIONAL TRUST COMl>ANY";
"DElJTSCI-IE DANK NA TlONAL TRUST COMPANY as trustee for Morgan Stanley ABS Capital I Inc. Trust
2007- HE2 Morlgnge Pass Through Certificates, Series 2007"; and "Morgan Stanley ABS Capital I Inc. Trust 2007HE2 Mo11gage Pass Through Certificates, Series 2007" (the "Trust Defendants''). Defendants maintain the only
proper defendant with an interest in this proceeding is lhe Trust (as defined above) a11d that it is unnecessary and
incorrect to name all of the Trust Defendants. However, as the Trust Defendants are separately named, this Answer
is on behalf of all of the Trust Defendants, who are hereby included in the definition of"Defendants" throughout
this Answe1·.
THE TRUST AND SPS'S ANSWER AND AFFIRMATIVE DEFENSES- I
103160224,) 0052161-06494
Page 3059
08/12/2019 MON 14: 34
1.1
FAX
~003/019
Defendants a1·e without information or knowledge sufficient to admit or deny the
2
allegations contained in this paragraph about the Plaintiffs' residency, and therefore denies the
3
same. The remainder of the allegations in this paragraph are admitted.
4
5
6
7
8
9
10
11
12
13
14
1S
16
17
18
19
20
21
22
1.2
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
1.3
Defendants are without informat_ion or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
1.4
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
1.5
Defendants are without information or knowledge sufficient to admit 01· deny the
allegations contained in this paragraph, and therefore deny the same.
1.6
Defen~ants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
1.7
Defendants arc without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
l.8
Defendants ate without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
1.9
Defendants are without informntion or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
1.10
Defendants are without i11formation or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
1.11
Defendants answer that the Deed of Trust referred to in this paragraph is a
23
publicly recorded document that speaks for itself and deny any attempt to otherwise characterize
24
the same. All remaining allegations are denied.
25
1.12
Denied.
26
THE TRUST AND SPS'S ANSWER AND AFFIRMATIVE DEFENSES - 2
I031602243 005~U (11-0641)4
Page 3060
08/12/2019 MON 14: 34
1,13
2
3
FAX
~004/019
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
1.14
This paragraph is a legal conclusion, to which no answer is required. To the
4
extent an answer is required, Defendants deny the same. Defendants also specifically state that
5
SPS is the current servicer on the subject loan and in that capacity acts on behalf of the Trust.
6
7
8
9
IO
11
12
13
1.15
Admitted that Quality Loan was appointed successor trustee but the remaining
allegations in this paragraph are denied.
1, 16
Denied that the Plaintiffs were not provided with the promissory note at closing.
The remainder of this paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same,
2.1
This paragrnph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the. same.
2.2
This paragraph is a legal conclusion, to which no answer is required. To the
14
extent an answer is required, Defendants deny the same. Subject to and without waiving its
15
answer, Defendants do not oppose venue in Snohomish County.
16
17
2.3
This paragraph is n legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
18
3.1
Defendants incorporate their responses to all prior paragraphs.
19
3.2
Defendants are without information or knowledge sufficient to admit or deny the
20
21
22
23
24
25
26
allegations contained in this paragraph, and therefore deny the same,
3.3
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.4
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.5
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
THE TRUST ANJ> SPS'S ANSWER AND AFFIRMATIVE DEFENSES -3
s·rom, RIVll:S 1,1,P
ATTQRN~V~
160 SW Ni111h Avemu,, Sullo 3000, l'onln11d,
I03 J 60l24.3 0052161-06494
'l'elep/1011e snJ.2J•.JJH/J
Page 3061
on
97205
08/12/2019 MON 14i34
3.6
2
3
4
5
6
7
8
9
IO
11
12
13
14
15
16
17
18
19
FAX
~005/019
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
3.7
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answe1· is required, Defendants deny the same.
3.8
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny_ the same.
3.9
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.10
This paragraph is a legal conclusion, to which no answer is requi1·ecl. To the
extent an answer is required, Defendants deny the same.
3, 11
This paragraph is a legal conclusion, to which no answer is requit·ed. To the
extent an answer is required, Defendants deny the same.
3.12
This paragraph is a. legal conclusion, to which no answer is required. To the
extent an answer is requi,·ed, Defendants deny the same.
3.13
Defendants are without information or knowledge sufficient to admit or deny the
al legations contained in this paragraph, and therefore deny the same.
3.14
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this parag1·aph, and therefore deny the same.
3. I 5
This paragraph is a legal conclusion, to which no answer is required. To the
20
extent an answer is required, Defendants deny the same. Defendants specifically deny Plaintiffs'
21
slated "purpose" ofMERS.
22
23
24
25
3.16
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
3 .17
This paragraph is a legal conclusion, to which no answer is required.· To the
extent an answer is required, Defendants deny the same.
26
THE TRUST AND SPS'S ANSWER ANO AFFIRMATIVE DEFENSES - 4
STOEL R1v11S
1,1.1•
ATTORNHS
760 SW Ninlh Avcm,;, S11i1c 30001 l'u11lo11d, OR ?720j
I03160224 3 0052161,064 94
'frlcp/11111< Jll1.2J•.3380
Page 3062
08/12/2019 MON 14:35
3.18
2
3
FAX
~006/019
This paragraph is a legal co~clusion, to which no answer is required. To the
extent an nnswer is required, Defendants deny the same.
3.19
This paragraph is a legal conclusion, to which no answer is required. To the
4
extent an answer is required, Defendants deny the same. Defendants further answer that the
5
legal opinion referrnd to in Paragraph 3.19 speaks for itself and deny any attempt to otherwise
6
characterize the same.
7
8
9
IO
11
12
13
14
15
3.20
This paragraph is a legE1l conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
3.21
Defendants arc without i~formation or knowledge sufficient to admit or deny the -
allegations contained in this paragraph, and therefore deny the same,
3.22
The referenced statute speaks for itself. This paragraph is also a legE1l conclusion,
to which no answer is required. To the extent an answe1· is l'equired, Defendants deny the same.
3.23
Defendants are without information or k11owledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.24
Defendants specifically deny that there has been "mortgage fraud" on the subject
16
loan, Defendants are without information or knowledge sufficient to admit or deny the
17
remainder of the allegations contained in this paragraph, and therefore deny the same. Further,
18
some statements in this paragraph are legal conclusions, to which no answer is required.
19
3.25
Defendants are without information or knowledge sufficient to admit or deny the
20
allegations contained in this paragraph concerning actions taken by the Larsons, and therefore
21
deny the same. Defendants deny all remaining allegations in said paragraph.
22
3.26
Admitted.
23
3,27
Admitted.
24
3.28
Defendants are without information or knowledge sufficient to admit or deny the
25
allegations contained in this paragraph, and therefore deny the same.
26
THE TRUST AND SPS'S ANSWER AND AFFIRMATIVE DEFENSES - 5
STOEL RIVl!::l LLP
A'l'TORNBVS
760 SW Ninlb /\~lll'I', S11i10 J0001 Prn1lu11J, OR 97203
103160224,3 0052161-06494
Tclep/mn• JOJ.221.JJBO
Page 3063
08/12/2019 MON 14: 35
3.29
2
3
FAX
~007/019
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this parngraph, and therefore deny the same.
3.30
Admitted only that the corporate entity known as Mortgage Electronic
4
Registration Systems, Inc. was created during the l 990s. The remaining allegations in this
5
paragraph are denied.
6
7
8
9
10
11
12
3.31
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
3.32
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.33
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.34
Defendants are without information or knowledge sufficient to admit or deny
13
many of the allegations contained in this paragraph, and therefore deny the same. Further, some
14
statements in this paragraph are legal conclusions, to which 110 answer is required.
15
16
17
18
19
3.35
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.36
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this para.graph, a11d therefore deny the same.
3.37
Defendants are without information or knowledge sufficient to admit or deny Lhe
20
more common form of securitization and remaining allegations contained in this paragraph, and
21
therefore deny the same. Defendants admit that the loan subject to this dispute was securitized
22
pursui:tnt to a Pooling and Servicing Agreement.
23
24
25
26
3.38
Defendants are without information or knowledge sufficient to admit 01· deny the
allegations contained in this paragraph, and therefore deny the same,
3.39
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
THE TRUST AND SPS'S ANSWER AND AFFIRMATIVE DEFENSES- 6
STOm, RI\IRS 1.1.r
760 SW Ni111h
103160224.3 0052161-06494
Page 3064
ATT9~Nf.Y~
/\vcn11~, S11110 30001 Por1land,
frl,11111111• J0J.2l-,.JJ8f/
OR 97205
08/12/2019 MON 14:35
3.40
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
FAX
il!00S/019
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
3.41
This paragraph is a legal conclusion, to which no answer is re.quired. To the
extent an answer is required, Defendants deny the same.
3.42
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
3.43
Defendants al'e without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.44
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.45
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.46
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this pal'agraph, and therefore deny the same.
3.4 7
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this pnragraph, and therefore deny the same.
3.48
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.49
Defendants are without information or knowledge sufficient to admit 01· deny the
allegations contained in this paragraph, and therefore deny the same.
3.50
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and thet•efore deny the same.
3.51
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny Lhc same.
3.52
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the snme.
THE TRUST AND SPS'S ANSWER AND AFFIRMATIVE DEFENSES - 7
I03 160224 J 0052161-06494
Page 3065
08/12/2019 MON 14: 35
3.53
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
FAX
~009/019
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3,54
This pa1·agraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
3.55
Defendants are without information or knowledge sufficient to a9mit or deny the
allegations contained in this paragraph, and therefore deny the same,
3.56
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
- 3.57
Defendants are witho\.1t information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.58
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
3 .59
This par~1graph is a legal conclusion, to which no answer is required. To the
extent an answe1· is required, Defendants deny the same.
3.60
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
3.61
Defendants are without information o,r knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.62
_Defendants are without information or knowledge suf'licient to admit or deny the
allegations contained i1, this paragraph, and therefore deny the same.
3.63
Defendants are without information 01· knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same:
3.64
Defendants are without information or knowledge sufficie~t to admit or deny the
allegations contained in th is paragrnph, and therefore deny the same,
3.65
Admitted that the note and deed of trust are dated October 9, 2006. Denied that
the loan was never funded.
THE TRUST AND SPS'S ANSWER AND AFFIRMATIVE DEFENSES~ 8
STORI, RIVES LLP
ATTORNtY$
760 SW Ni,111, Avo,,uo, S11itc ~000, P911ln11d, OP. 9720S
s11J.n,.J1110
103160Z24.3 0052161•06494
·1-.1"''"'"'
Page 3066
08/12/2019 MON 14:36
3.66
FAX
~010/019
This paragraph is a legal conclusion, to which no answer is requited. To the.
2
extent an answer is 1-equired, Defendants admit that there is a Washington statute of limitations
3
of six yeurs'11s to each individual payment due under a promissory note, absent any tolling
4
applicable under the law, and as provided by all other applicable law. Defendants deny each and
5
every remaining allegation in said paragraph.
6
7
3.67
Defendants are· without information or knowledge sufficient to admit 01· deny the
allegations contained in this pamgraph, and therefore deny the same.
8
3,68
Denied.
9
3 ,69
This paragraph is u legal conclusion, to which no answer is required, To the
IO
11
12
13
14
15
16
17
18
19
20
21
extent an answer is required, Defendants deny tlw same.
3.70 . Defendants arc without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3 .71
Defendants are without information 01· knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.72
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.73
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
3.74
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.75
Denied that PlaintiJTs ever received a notice of acceleration which acted to
22
accelerate the debt. Denied ·that the debt was accelerated. Defendants are wllhout information or
23
knowledge sufficient to admit or deny the remaining allegations contained in this paragraph, and
24
therefore deny the same.
25
26
3.76
Admitted that a corporate assignment was recorded in July 2010 regarding the
subject loan. The recorded document speaks for itself. The remaining allegations in this
THE TRUST AND SPS'S ANSWER AND AFFIRMATIVE DEFENSES - 9
S·J'OF.I. RIVES l,Lr
/\l'TORN~Y~
760 SW Ninlh
I 03160224,3 0052161-06494
Page 3067
':/\!/~J~/,o~~%J.~~~jJ~})""'I, OR
97205
08/12/2019 MON 14:36
FAX
~011/019
paragraph are legal conclusions, to which no answer is required. To the extent an answer is
2
3
4
5
6
7
8
required, Defendants deny the same, Defendants specifically deny all al legations of fraud.
3.77
Defendants are without information or knowledge sufficient to admit or deny the
,\!legations contained in this paragraph, and therefore deny the same.
3.78.
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
3.79
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
9
3.80
Admitted,
10
3.81
Admitted that SPS received a document purporting to be ''qualified wl'itlen
11
requests" and admitted that SPS did not respond to such alleged requests. The remainder of this
12
paragraph is a legal conclusion, to which no answer is required. To the extent an answer is
13
required, Defendants deny the same,
14
15
16
3.82
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3.83
Adrnitted that a notice of default was issued in July 2014. The alleged document
17
speaks for itself. The remainder of this paragraph is a legal conclusion, to which no answer is
18
required. To the extent an answer is required, Defendants deny the same.
19
20
21
22
23
3.84
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
3 .85
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same,
3.86
Admitted North Cascade Trustee Services was appointed by the Trust. The
24
remainder of this paragraph is a legal conclusion, to which no answer is required. To the extent
25
un answer is required, Defendants deny the same.
I
26
THE TRUST AND.SPS'S ANSWER AND AFFIRMATIVE DEFENSES - 10
STOEL R1vKS ••·•
ATT9R1<r,vs
760 SW Ni111h Avenua, Sm10 36001 l'o,,le,1d, OR ?720$
103160224.3 0052161-06494
l"r!ldploo11e JOJ.)21.1 J80
Page 3068
08/12/2019 MON 14: 36
3.87
FAX
~012/019
Admitted that a notice of default was issued in winter 2017. The remaindel' of
2
this paragraph contains legal conclusions, to which no answer is reqtiired. To the extent an
3
answer is required, Defendants deny the same.
4
3.88
Defendants are without information or knowledge sufficient to admit or deny the
5
specific date that North Cascade Trustee Services became "bankrupt" or became insolvent, and
6
therefore deny the same.
7
. 3.89
Admitted thnt Quality Loan was appointed by the Trust in May 2018. The
8
remninder of this paragraph contains legal conclusions, to which no answer is required. To the
9
extent an answer is required, Defendants deny the same.
10
3.90
Admitted that Quality Loan did not issue a new notice of default. The remainder
11
of this paragraph is a legal conclusion, to which no answer is required. To the extent an answer
12
is required, Defendants deny the same.
13
14
15
16
3.91
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
4.1. to 4 ,2.10 The Causes of Action alleged in these paragraphs are not pied against
Defendants and thus no response is required by Defendants to these paragraphs.
17
4.3 to 4.3.10, The Quiet Title Cause of Action alleged in these paragraphs was dismissed
l8
as to all named defendants by the Skagit County Superior Court, and thus no response is required
19
to these paragraphs.
20
4.4. I
Defendants incorporate their responses to all prior paragraphs.
21
4.4.2
This paragraph is a legal conclusion, to which no answer is required. To the
22
23
24
25
26
extent an answer is requi1·ed, Defendants deny the same.
4.4.3
This paragraph is a legal conclusion, to which n9 answer is required. To the
ex lent an answer is required, Defendants deny tbe same.
4.4.4
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
THE TRUST AND SPS'S ANSWER AND AFFIRMATIVE DEFENSES - JI
S-rot:1.. R1v1is ••,.
ATT9RNeYS
760 SW Ni1•fh Avenue, Su,10 JU001 l'o111and. OR ?7203
l,le11/,011d J0J,J21,JJ~I/
10)160224.3 0052161-064 94
Page 3069
08/12/2019 MON 14:36
4.4,5
2
3
4
5
6
FAX
ilJ013/019
This paragi-aph is a legal conclusion, to-which no answer is required. To the
extent an answer is required, Defendants deny the same.
4.4,6
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
4.4.7
This paragraph is a legal conclusion, to which no answer is required, To the
extent an answer is required, Defendants deny the same,
7
4,5. I
Defendants incorporate their responses to all prior paragraphs.
8
4,5.2
This paragraph is a legal conclusion, to which no answer is requi1-ed. To the
9
10
11
12
13
14
15
16
17
extent an answer is required, Defendants deny the same.
4.5.3
This paragraph is a legal conclusion, to which no answer is required. To the
ex.tent an answer is required, Defendants deny the same.
4.5.4
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants _deny the same.
4.5.5
This paragraph is a legal conclusion, to which no answer is required, To the
extent an answer is required, Defendants deny the same.
4.5,6
This paragraph is a legal conclusion, to which no answer is required. To the
ex.tent an answer is requi1·ed, Defendants deny the same.
18
4.6.1
Defendants incorporate their responses to all prior paragraphs.
19
4.6.2
This paragraph is a legal conclusion, to which no answer is required. To the
20
21
22
23
24
25
extent an answer is required, Defendants deny the same.
4.6,3
This paragraph is a legal conclusion, to which no answer is requited. To the
extent an answer is l'equired, Defendants deny the same.
4.6.4
This pa1·_ag1·aph is a legal conclusion, to which no answer is required, To the
extent an answer is required, Defendants deny the same,
4.7, I
Defendants incorporate their responses to all prior paragraphs.
26
THE TRUST AND SPS'S ANSWER AND AFFIRMATIVE DEFENSES -12
I03160224,30052161-06494
Page 3070
08/12/2019 MON 14!37
4.7.2
2
3
4
5
6
7
8
9
IO
11
12
FAX
~014/019
Defendants are without information or knowledge sufficient to admit or deny the
allegations contained in this paragraph, and therefore deny the same.
4,7.3
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
4.7.4
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
4.7.5
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
4.7.6
This paragraph is a legal conclusion, to which no answer is required. To the
extent an 11nswe1· is required, Defendants deny the same.
4.7,7
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
13
4.8.1
Defendants incorporate their responses to all prior paragraphs.
14
4.8.2
This paragraph is a legal conclusion, to which no answer is required. To the
15
16
17
18
19
20
21
22
23
24
25
extent an answer is required, Defendants deny the same.
4.8.3
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same.
4,8.4
'
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendnnts deny the same.
4.8.5
This paragraph is a legal conclusion, to which no answer is required. To the
ex.tent an answer is requir·ed, Defendants deny the same.
4.8.6
This paragraph is a legal conclusion, to which no answer is required. To the
extent an answer is required, Defendants deny the same,
4.8.7
This parag1·aph is a legal conclusion, to which no answer is required, To the
extent an answer is required, Defendants deny the same.
26
THE TRUST ANl> SPS'S ANSWER AND AFFIRMATIVE DEFENSES -13
s·,·om.
Rives u.r
ATTURN~V~
760 SW Nin1l, Avo,1110,
I 0.1 l 6Cl224 3 0052161-064 94
Suite 30001 P91tlond, OR 97205
1•1•phn11c JIJ3.}J..3JHO
Page 3071
08/12/2019 MON 14137
4.8.8
2
3
4
FAX
~015/019
This paragraph is a legal conclusion, to which no answer is required, To the
extent an answer is required, Defendants deny the same.
4.8.9
This paragraph is a legal conclusion, to which 110 answer is required. To the
extent an answer is required, Defendants deny the same.
PRAYER foOR RELIEF
5
6
7
With respect to all paragraphs alleged in the Prayer for Relief, Defendants admit only that
Plaintiffs pray for such relief, but deny that they are entitled to any such relief.
8
9
AFFIRMATIVE AND ADDITIONAL DEFENSES
Having fully answered the Complaint, Defendants assert the following defenses:
10
l.
Plaintiffs fail to state a claim upon which relief may be granted,
11
2.
Plaintiffs lacks standing, or the Plaintiffs' clai1ns are otherwise nonjusticiablc.
12
3.
The Plaintiffs' claims are barred because Plaintiff'l waived their right to complain
13
14
15
16
17
of the acts or conduct alleged.
4.
The Plaintiffs' claims are barred because Plaintiffs are estopped from complaining
of the acts or conduct alleged.
5.
The Plaintiffs' claims are barred because Plaintiffs ratified the loan and all
conduct surrounding the occurrences alleged in the Plaintiffs' claims.
18
6.
The Plaintiffs' claims arc barred by the applicable statute(s) of limitations,
19
7.
The Plaintiffs' claims are barred because of tho equitable doctrine oflaches,
20
8.
The Plaintiffs' claims are barred because Plaintiffs have not suffered any damages
21
22
and therefo1•e is not entitled to relief.
9.
23
by statute.
24
10.
25
The Plaintiffs' claims are barred because Plaintiffs are limited to actual damages
The Plaintiffs' claims are barred based on Plaintiffs' contributory fault and/or
prior material breaches of the loan documents.
26
THE TRUST AND SPS'S ANSWER AND AFFIRMATIVE DEFENSES - 14
S1'0EL RIVt:S
Ll,I'
ATTORN6VS
760 SW Ninth Avon11;, S11i10 30UD, l'ordo,1,I, OR 9720$
I03160224.3 0052161,06494
'l'd~ph""' j0J,2J..JJ80
Page 3072
08/12/2019 MON 14: 37
FAX
~016/019
Defendants reserve the right to add defenses and affi1mative defenses, third-party
2
defendants, and to argue legal theories in addition to, or in lieu of, those specifically identified
3
herein, as the facts in this matter may warrant, including without limitation, additional or further
4
_facts hereafter disclosed through discovery.
5
PRAYER FOR RELIEF
6
WHEREFORE, Plaintiffs prays as follows:
7
I.
8
by Plaintiffs;
2.
9
10
That the Court dismiss the Plaintiffs' claims with prejudice and without recovery
That the Court grant Defendants recovery of attorneys' fees and costs on any
recognized ground in equity, contract, or statute; and
11
3.
12
just and equitable.
That Defendants have such other, further or different relief as the Court may deem
13
14
/
15
16
/
17
18
/
19
20
I
21
22
/
23
24
/
25
26
I
THE TRUST AND SPS'S ANSWER AND AFFIRMATIVE DEFENSES - 15
S'fOllL RIVES ~r
/>TTORNf.YS
103160224.3 0052161-06494
760 SW Ninlb
Page 3073
\ii~pho;~~1ol.~~~_jJ;J••d, 011. 97205
08/12/2019 MON 14!37
FAX
~017/019
DATED: August 12, 2019.
2
3
D. Jeffrey C
er, WSBA No. 15466
KC Hovda, WSBA No. 5 I 291
[email protected]
kc.hovda@stoeicom
4
5
Of Attorneys for Defendants Deutsche Bank National
Trnst Company; Deutsche Bank National Trust
Company as trustee for Morgan Stanley ABS Capital I
Inc. Trust 2007-HE2 Morlgage Pass Through
Certificates, Series 2007; Morgan Stanley ABS Capital I
Inc. Trust 2007•HE2; and Select Portfolio Servicing,
Inc.
6
7
8
9
10
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
11
1,7~ C? Pt?/2./'---
12
Delinn P. Deltchev, WSBA No. 36908
Ann T. Marshall, WSBA No. 23533
701 Pike Street, ~uite 1560
Seattle, WA 981 0 I
Phone: 206-492-2300
Email: [email protected]
Email: [email protected]
Co-Counsel.for Defendant DEUTSCHE BANK
NATIONAL TRUST COMPANY as trustee for Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass
Through Ccrlificates, Series 2007
13
14
15
16
17
18
19
20
21
22
23
24
25
26
THE TRUST AND SJ)S'S ANSWER AND AFFIRMATIVE DEFENSES- 16
103160224.J 0052161-0MC/'1
Page 3074
08/12/2019 MON 14! 37
FAX
~018/019
CERTIFICATE OF SERVICE
2
3
l hereby certify that I served the foregoing THE TRUST AND SPS'S ANSWER AND
AFFIRMATIVE DEFENSES on the following named person(s) on the date indicated below by
4
IBl malling with postage prepaid
5
D hand delivery
6
•
fflcsi1nilc transmission
7
0
overnight delivery
8
0 email
9
1o
to said person(s) a true copy thereof, contained in a sealed envelope if by mail, addressed to said
11
pcrson(s) at his
12
13
14
OI'
her last-known address, and email, at the email address indicated below.
Scott E. Stafne, WSBA No, 6964
Stafne Law
239 N. Olympic Avenue
Arlington, WA 98223
[email protected]
[email protected]
Robe,1 McDonald, WSBA No. 43842
Quality Loan Service Corporation of
Washington
l 08 1st Avenue South, Suite 202
Seattle, WA 98 l 04
[email protected]
15
[email protected]
16
Attorney for Plaintiff.r
17
Delian P. Deltchev, WSB No. 36908
Ann T. Marshall, WSB No, 23533
Anglin Flewelling Rasmussen Campbell &
18
19
20
21
22
23
24
Attorney for Defendant Quality loan Service
Corporation of Washington
Trytten LLP
Sara J. DiVittorio
Snohomish County Prosecutors - Civil Division
3000 Rockefeller A venue, MS 504
Everett, WA 9820 I
snra.d ivi ttori [email protected]. wa. us
70 l Pike Street, Suite 1560
Seattle, WA 9810 I
[email protected]
[email protected]
Co-Counsel for Defendant Deutsche Bank
National Trust Company, as trustee for
Morgan Stanley ABS Capital I Inc. Trust 2007HE2 Mortgage Pa.~.~ Through Cer(iflcates,
Series 2007
Attorney for D~fendanfs Snohomish County
Judges Appel, Bowden, Dingledy Ellis, Fair,
Farris, Judge, Krese, Kurtz, Langbehn, Larsen,
Liu:as, Okrent, Weiss, and Wilson
25
26
CERTIFICATE OF SERVICE - 1
STORI, RlVllS LLP
ATTORN~YS
760 SW Ninth Avcm1c. Suicc ~000'J Po11lnncl, Oil 9720~
1'ele11J1011U JQJ.lJ .13H(I
103160224.J 005216 \-0649q
Page 3075
08/12/2019 MON 14: 38
FAX
~019/019
Lyndsey M. Downs
Geoffrey A. Enns·
2
Snohomish County Prosecutors - Civil
3
3000 Rockefeller A venue, MS 504
R, July Simpson, WSBA #45869
Rene D. Tomisser, WSBA #17509
Assistant Attorney Generals
Office of the Attorney General of Washington
Complex Litigation Division
7141 Cleanwater Drive SW
Division
4
5
6
7
8
Everett, WA 98201
[email protected]. wa. us
Geofftey.Enn s@co. snohom lsh. wa. us
Cynthia. [email protected]
P.O. Box 40111
Olympia, WA 98504-0111
[email protected]
Attorneys for Defendants Snohomish County,
Snohomish County Auditor Carolyn Weikel,
Snohomish County Clerk Sonya Kraski, and
Snohomish County Examiner of Titles & Legal
Advisors to the Registrar Jane Doe
9
Rene.tom [email protected]
SaraC2@atg. wa.. gov
[email protected]
Attorneys for Defendants State of Washington,
Governor Jay Ins lee, and Attorney General
Robert Ferguson
10
11
DATED: August 12, 2019.
12
13
D. Jeffrey Courser, WSBA No. 15466
KC Hovda, WSBA No. 51291
jeffrey [email protected]
[email protected]
14
15
Of Attorneys for Defendants Deutsche Bank
National Trust Company; Deutsche Bunk National
Trust Company as trustee for Morgan Stanley ABS
Capital I Inc. Trust 2007-HE2 Mortgage Pass
Through Certificates, Series 2007; Morgan Stanley
ABS Capital I Inc. Trust 2007-HE2; and Select
Portfolio Servicing, Inc.
16
17
18
19
20
21
22
23
24
25
26
CERTIFICATE OF SERVICE - 2
760 SW Nl,nh
I03160224.3 0052161-06494
Page 3076
STOEi, RIVES LLP
ATTQRNF.V~
Su,I~ ~ooo, Poltland, OR 97205
Telcr,/1,mc sr),.12,.JJB0
AVtllllC,
,
~
l
2
3
4
5
. -
2019 AUG -9 PM 12: 38
01383- 31
~fiil\\\\l\
SONYt'\ r: i< ASK i
COUNTY CLERK
: •~OW/MISH CO. WASH
6
7
8
9
IQ
H
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR THE COUNTY OF SNOHOMISH
CHRISTOPHER E. LARSON, a
married man as his separate estate,
and ANGELA LARSON, a married
woman
12
B
14
Plaintiffs,
Case No: 19-2-01383-31
DECLARATION OF SCOTT E.
STAFNE IN SUPPORT OF MOTION
FOR ORDER OF DEFAULT.
V.
SNOHOMISH COUNTY, et al.,
15
16
Defendants.
17
18
1. My name is Scott E. Stafne. I am the attorney of record for the Larson
1.9
20
family in the above captioned case. I make this declaration as the
21
Larsons' attorney. Where appropriate I make this declaration my
22
personal knowledge as more fully appears herein.
23
24
2. On or about October 18, 2018, Mr. and Mrs. Larson commenced this
legal action by filing a complaint in the Superior Court of Washington
25
26
27
at Skagit County against Defendants SNOHOMISH COUNTY, a
Washington State Municipal Corporation; CAROLYN WEIKEL
28
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Declaration in Support of Plaintiffs' Motion
For Order of Default
Page I
Page 3077
individually and as the SNOHOMISH COUNTY AUDITOR and
2
Registrar; SONYA KRASKI, individually and as the SNOHOMISH
3
4
COUNTY CLERK; JANE DOE individually and as SNOHOMISH
5
COUNTY EXAMINER OF TITLES and LEGAL ADVISOR TO THE
6
REGISTRAR; SNOHOMISH COUNTY SUPERIOR COURT JUDGES
7
GEORGE F. APPEL, GEORGE N. BOWDEN, MARYBETH DINGLEDY,
8
JANICE E. ELLIS, ELLEN J. FAIR, ANITA L. FARRIS, MILLIE M.
9
JUDGE, LINDA C. KRESE, DAVID A. KURTZ, JENNIFER R.
IO
u
LANGBEHN, CINDY A. LARSEN, ERIC Z. LUCAS, RICHARDT.
OKRENT, BRUCE I. WEISS, and JOSEPH P. WILSON; THE STATE OF
13
14
WASHINGTON; WASHINGTON STATE GOVERNOR JAY INSLEE in his
official capacity; WASHINGTON STATE ATTORNEY GENERAL
15
16
17
ROBERT FERGUSON in his official capacity as WASHINGTON
ATTORNEY GENERAL; JOHN DOES Successors in interest and
18
assigns to NEW CENTURY MORTGAGE COMPANY and MORTGAGE
19
ELECTRONIC REGISTRATION SYSTEMS, INC.; DEUTSCHE BANK
20
NATIONAL TRUST COMPANY; DEUTSCHE BANK NATIONAL TRUST
21
22
23
24
COMPANY as trustee for Morgan Stanley ABS Capital I Inc. Trust
2007- HE2 Mortgage Pass Through Certificates, Series 2007; MORGAN
STANLEY ABS CAPITAL I INC. TRUST 2007-HE2; QUALITY LOAN
SERVICE CORPORATION OF WASHINGTON, a Washington
26
Corporation; SELECT PORTFOLIO SERVICING, INC., a Utah
27
28
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Declaration in Support of Plaintiffs' Motion
For Order of Default
Page2
Page 3078
corporation; and MORTGAGE ELECTRONIC RECORDING SYSTEM,
2
INC., a Delaware corporation.
3
4
5
3. Each and every Defendant has been served with a true and correct
copy of Mr. and Mrs. Larson's Complaint and Summons.
6
4. On November 14, 2018, Defendants Deutsche Bank National Trust
7
Company, as Trustee, in trust for the registered holders of Morgan
8
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through
9
rn
H
Certificates, Series 2007-HE2 ("the Trust"), its loan servicer, Select
Portfolio Servicing, Inc. ("SPS") and Mortgage Electronic Recording
System, Inc. ("MERS") appeared through counsel.
u
5. November 30, 2018, State Defendants filed with the Office of the
Skagit County Clerk a motion to dismiss and change of venue.
15
16
6. On December 20, 2018, Skagit County Superior Court Judge David A.
17
Svaren granted in part State Defendants' motion to dismiss and found
18
that as per the change of venue jurisdiction is mandatory in
19
Snohomish County. At that same hearing Judge Svaren dismissed this
20
action without prejudice against all the State and Snohomish County
21
22
23
24
25
26
Defendants'. A copy of the December 20, 2018 order is attached hereto
as Exhibit A; and the Clerk's minutes of that hearing are attached
hereto as Exhibit B.
7. January 31, 2019, I received a notice from the Office of the Skagit
County Clerk. The notice advised counsel of amongst other things that
27
28
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Declaration in Support of Plaintiffs' Motion
For Order of Default
Page 3
Page 3079
the Court has entered an order changing venue from Skagit County to
2
Snohomish County. A copy of the order entered on January 24, 2019,
3
4
5
is attached hereto as Exhibit C.
8. As of this 9th day of August, Defendants Deutsche Bank National
6
Trust Company, as Trustee, in trust for the registered holders of
7
Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage
8
Pass-Through Certificates, Series 2007-HE2 ("the Trust"), its loan
9
iO
u
servicer, Select Portfolio Servicing, Inc. ("SPS") and Mortgage
Electronic Recording System, Inc. ("MERS") have failed to Answer the
allegations set forth in Mr. and Mrs. Larson's complaint filed October
13
14
18, 2018.
I declare under the penalty of perjury that the foregoing is true and correct
)5
16
to the best of my knowledge.
DATED this 9th day of August, 2019 at Arlington, Washington.
l8
By:~~~~,J
Scott E. Stafn!, Declarant
19
20
21
22
23
24
25
26
27
28
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Declaration in Support of Plaintiffs' Motion
For Order of Default
Page4
Page 3080
CERTIFICATE OF ELECTRONIC SERVICE
2
I hereby certify that on this date I served the foregoing by way of
3
4
5
6
7
8
9
iO
u
12
13
14
15
16
17
18
19
20
22
23
24
25
electronic and U.S. mail to the following parties.
For the State of Washington, Governor Jay Inslee, and Attorney
General Robert Ferguson:
R. July Simpson, Assistant Attorney General [email protected]
Alicia 0. Young, Assistant Attorney General [email protected]
Sara Cearley, Legal Assistant [email protected]
Electronic Mailing lnbox [email protected]
1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i lI
l
For Quality Loan Service Corporation:
Robert McDonald, Attorney at Law [email protected]
For Defendants Snohomish County, Snohomish County Auditor
Carolyn Weikel, Snohomish County Clerk Sonya Kraski, and
Snohomish County Examiner of Titles & Legal Advisors to the Regrar
Jane Doe:
Lyndsey M. Downs, Attorney [email protected]
Geoffrey A. Enns, Attorney [email protected]
Cindy Ryden, Legal Assistant [email protected]
For Defendants Snohomish County Judges Appel, Bowden, Dingledy,
Ellis, Fair, Farris, Judge, Krese, Kurtz, Langbehn, Larsen, Lucas,
Okrent, Weiss, and Wilson:
Sara J. DiVittorio, Attorney [email protected].
For Defendants Deutsche Bank National Trust Company, Deutsche
Bank National Trust Company as trustee for Morgan StanleyABS
Capital Inc. Trust 2007-HE2 Mortgage Pass Through Certificates,
Series 2007, Morgan Stanley ABS Capital I Inc. Trust 2007-HE2,
Select Portfolio Servicing, Inc., and Mortgage Electronic Recording
System, Inc."
D. Jeffrey Courser, Attorney [email protected]
KC Harding, Attorney [email protected]
Cherie Clark, Legal Assistant [email protected]
[email protected]
Dated the 9th day of August, 2019.
26
~
By:--------
Micah Anderson, Paralegal
27
28
Declaration in Support of Plaintiffs' Motion
For Order of Default
Page 5
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3081
Exhibit A
Larson v. Snohomish County at. el
Case No. 19-2-01383-31
Page 3082
.1
'' IU:.LJ
,
"KALilT COUNTY CLi:.RK
:, SKAGli COUHTY, Wfl.
. ?OIB DEC 20 AH 1f: 5:1,
2
3
4
s
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF SKAGIT
7
8
9
CHRISTOPHER E. LARSON, a married man
as his separate estate; and ANGELA LARSON,
NO. 18-2~01234-29
a married worn~
~R:OPOSED] ORDER GRANTING
SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR
TRANSFER OF VENUE
IO
11
12
Plaintiffs,
vs.
SNOHOMISH COUNTY, et al.,
13
Defendants.
14
15
16
17
ORDER
This matter came before the Court on Snohomish County Defendants' Motion to Dismiss
18
and for Transfer of Venue. The Court has considered the arguments of the parties and reviewed
19
20
the pleadings and documents on file, including:
21
1)
Snohomish County Defendants' Motion to Dismiss and for Transfer of Venue;
22
2)
Plaintiff Larsons' Response to Snohomish County Defendants' Motion to Transfer
23
of Venue;
24
3)
Declaration of Scott Stafne in Support of Opposition to Motions to Dismiss and
2S
26
27
Transfer Venue and in Support of Plaintiffs' Motion for Continuance, with attached exhibits;
[PROPOSED] ORDER ORANT[NQ SNOHOMISH COUN1Y
DEFENDANTS' MOTION TO DISMISS AND FOR TRANSFER OF
VENUE•I
SNOHOMISH COLINTY
PROSECUTING ATTORNEY •CIVIL DMSION
Robm J, DreWlll Bfdg., 81" Floor, MIS liD4
3000 Roekefeller Ave
EVERETT, WASHINGTON 98201-4060
(-425)388-633D FAX: (425)388-6333
Page 3083
4)
Declaration of Micah James Anderson, with attached exhibits;
2
5)
Declaration of Chris Larson;
3
6)
Declaration of Angela Larson, with attached exhibits;
4
7)
Plaintiffs' Response to State of Washington's Motion to Dismiss and Qualityts
s
JoinderTberein, Also Plaintiffs' Response to Snohomish County's Motion to Dismiss;
6
8)
Plaintiffs' Emergency Motion for Extension of Time;
8
9)
State Defendants' Joinder in Snohomish County's Motion to Dismiss and Motion
9
to Change Venue;
IO
I 0)
7
11
Reply on Snohomish County Defendants' Motion to Dismiss and for Transfer of
Venue;
12
11)
13
14
12)
]5
13)
16
Being fully advised in the matter, the Court does hereby FIND and ORDER:
17
1)
Plaintiffs' Emergency Motion for Extension of Time is DENIED.
2)
Snohomish County Defendants' Motion to Dismiss is GRANTED. All claims
18
19
20
against Snohomish County Defendants and State Defendants are dismissed without prejudice.
21
3)
22
4)
23
24
25
26
27
{PROPOSED] ORDER GRANTING SNOHOMISH COUNTY
DEFENDANl'S' MOTION TO I>ISMISS AND FOR TRANSFER OF
VENUE-2
SNOHOMISI-I COUNTY
PliOSl;C\JTING ATTORNEY •CIVIi. lllVISION
Robert J, Orewel Bid;,, 8111 Floor, MIS SD4
300D Rockefeller Ave
EVERETT, WASHINGTON 98201-4060
(425)388-6330 FAX: (425)388-6333
Page 3084
.
t
Presented by:
2
:
5
6
7
s
9
IO
11
13
14
IS
16
17
MARKK.ROE
Snohomish County Prosecuting Attorney
L ~ fn'oWNS, WSBANo.37453
GEOFFREY A. ENNS, WSBA No. 40682
Deputy Prosecuting Attorneys
Attorneys for Defendant Snohomish County, Carolyn Weikel, and Sonya K.raski
Snohomish County Prosecuting Attorney -- Civil Division
3000 RockefelJer Ave., MIS 504
Everett, Washington 98201
Phone: (425) 388-6330 / Fax: (425) 388-6333
MARKK.ROE
Sn omish County Prosecuting Attorney
SARb\ J. DiVI'ITORIO, WSBA No. 33003
Deputy Prosecuting Attorney
Attorney for Defendant Judges Appel, Bowden, Dingledy, Ellis, Fair, Farris,
Judge, Krese, Kurtz, Langbehn, Larsen, Lucas, Okrent, Weiss, and Wilson
Snohomish County Prosecuting Attorney- Civil Division
3000 Rockefeller Ave., MIS 504
Everett, Washington 98201
Phone: (42S) 388~6330 I Fax: (425) 388~6333
18
19
20
21
22
.23
24
25
26
27
[PROPOSl::D] ORDER GRANTING SNOHOMISH COUNTY
DEFENDANTS' MOTION TO DISMISS AND FOR TRANSFER OF
VENU.E-3
SWOHOMISH COUNTY
PROSECUTINO ATTORNEY •CIVIL DIVISION
Robert J, Drewel Bldp., 8111 Floar, MfS 5D4
:iooo Rock1tfeUer Ave
l:Vl:Rm, WASHINGTON 98201-4060
(425)388-6330 FAX: (425)388-6333
Page 3085
Exhibit B
Larson v. Snohomish County at. el
Case No. 19-2-01383-31
Page 3086
12/21/2018
fi~
FILED
SKAGIT COUNTY CLERK
SKAGIT COUNTY, WA
12/20/18
IN THE SUPERIOR-COURT OF THE STATE OF WASHINGTON
IN AND FOR SKAGIT COUNTY
CHRISTOPHER E. LARSON e tal
No: 18-2-01234-29
V
CLERK'S MINUTES
SNOHOMISH COUNTY et al
Date: 12/20/18
JUDGE DAVID A. SVAREN
AVC: 3/9/30-11:14, 11 :20 •
Clerk: K. Denton
[X] MTHRG
PLAINTIFF: [X J Present [X] Represented by: SCOTT STAFNE (via court call}
DEFENDANT THE STATE OF WASHINGTON : [X J Represented by: JULY SIMPSON (vial court call)
DEFENDANTS DEUTSCHE BANK, THE TRUST, MORGAN STANLEY, SELECT PORTFOUO, MERS :
[X] Represented by: D. JEFFREY COURSER (via court call}
DEFENDANT SNOHOMISH COUNTY: [X] Represented by: GEOFFREY ENNS & LYNDSEY DOWNS
DEFENDANT QUALITY LOAN SERVICE: [X] Represented by: ROBERT McDONALD.
.
i
1
THIS MATTER CO.MES BEFORE THE COURT FOR MULTIPLE MOTIONS TO DISMISS:
Mr. Stafne addresses the issues of Judge Svaren being the adjudicator.of this matter. Court.advises Mr.
Stafne that he has read the entire file. Mr. Stafne addresses statute 65.12.050 and argues the Skagit county
bench should disqualify itself from this case due to not complying with .the Torrens act.
Court finds motion to disqualify himself will be denied.
_
Mr. Stafne argues the motions filed for dismissal have not been filed timely pursuant to the rules for summary
judgment and should be continued. Mr. Stafne moves for emergency 30 day extension and addresses his
medical issues with regards to needing this continuance. Mr. Stafne argues GR 33.
Ms. Simpson addresses Mr. Stafne's motion for continuance. .
Mr. Enns addresses mqtlon for continuance and makes objections.
Mr. McDonald addresses motions for continuance and makes objections. ·
Mr. Courser does not address the motion for continuance.
.
Court finds this matter is noted under rule ·12 not under rule 56 therefore it does not fall under the summary
judgment guidelines. ·•
.
.
.
Court finds the motion for emergenqy conti'nuance and states that Mr. Stafne hims~lf has said he has declined
medi9al services ahd has not provided medical records th!;it would verify the need for.an emergency·
continuance,..
.
Cou.rt fitlds motion to continue is denied. · .
.
.
Mr. Enns moves for dismissal due to an abstract.of title not being filed per statutory regulations.
Mr. Enns argues change of venue.
·
·
,
Ms. Simpson states they have Joined in on the motion for dismissal, change of venue and addresses issues.
Mr. McDonald states they have joined on the motion to change venue.
·
Mr. Courser states they;have joined in on the motion to change venue.
. ..
lylr. Stafne mak~s objections to motion for dismissal ·and change of venue. Mr. Stafn·e continues addressing
argument for disqualification.
.
Mr. Enns continues argument for dismissal anq change of ve·nue.
Ms.
Simpson
continues·argument in support
of motion to dismiss
and ch.ange venu~.
.
.
-.
.
.
.
RECESS @ 10:36 ·
RECONVENE.@ 10:53
Page 3087
• L
•
All p~rties present.
Court finds Snohomish County and the State's motion for dismissal is granted due to an abstract Qf title not
being filed with the Torrens application as required by Statute. All claim_s against Snohomish County
defendant's and State defendants wiil be dismissed from this matter without prejudice. Court finds the motion
for change of venue is reserved until Quality Loan Service's motions have been heard.
Mr. McDonald address 1286 motion and advises the Court he also Joins In on the motion for dismissal.
Mr. Stafne addresses the Court's ruling and makes objections. Mr. Stafne makes objections to the 12B6
rnoti.on.
** POWER OUTAGE AT APPROXIMATELY 11:14**
RECESS @11:14
Rl;CONVENE @ 11 :20
All parties present.
Mr. Stafne addresses his objections the 12B6 motion.
Mr. McDonald continues addressing the motions.
Mr. Courser joins in on the 1286 motion and addresses issues.
Mr. Stafne continues addressing objections.
Court finds with regards to the remaining causes of actions in the complaint Court finds 4.3 will be dismissed
as to all parties with prejudice. As to 4.5 & 4.6 they will be dismissed as to Quality loan services. As to 4.4,
4.7 & 4.8 they will stand.
As to 4.5 & 4.6 It will stand to all parties except as to Quality Loan services. Court finds i:lS to change of venue
jurisdiction is mandatory in Snohomish County per the statute and venue will be changed to Snohomish
County.:
·
Court finds because there is a· penalty being sought, per statute venue will be mandatory in Snohomish·
County.
. .·
Court will sign this order when presented.
[ X] COURT SIGNS:
[X ]Order of Dismissal ;as to Snohomish County defendants and State defendants
[ X] COURT WILL Sl~N ORDER WHEN PRESENTED [ ] MATTER TO BE RENOTED BY COUNSEL
2
Page 3088
Exhibit C
Larson v. Snohomish County at. el
Case No. 19-2-01383-31
Page 3089
1/29/2019
FILED
SKAGIT COUNTY CLERK
SKAGIT COUNTY, WA
1
2
2019 JAN 21+ PH
r: SJ;
3
4
5
6
IN THE SUPERIOR COURT FOR THE STATE OF WASIDNGTON
IN AND FOR SKAGIT COUNTY
7
8
9
CHRISTOPHER LARSON and ANGELA
LARSON,
Case No.: 18-2-01234-29
Plaintiffs,
10
V.
11
SNOHOMISH COUNTY, et al.,
12
PARTIAL ORDER OF DISMISSAL
AND ORDER ON CHANGE OF
VENUE
Defendants.
13
\J
14
15
16
THIS MATTER having come before the Court December 20, 2018 on
17
SNOHOMISH COUNTY'S and QUALITY LOAN SERVICE CORP. OF
18
WASHINGTON'S motions for dismissal pursuant to CR 12 (b)(6) along with
l9
QUALITY
20
SNOHOMISH COUNTY'S motion for change of venue, with Deutsche Bank
21
National Trust Company; Deutsche Bank National Trust Company as trustee for
22
23
24
25
26
LOAN
SERVICE
CORP.
OF
WASIDNGTON'S
joinder
of
Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass Through
Certificates, Series 2007; and Morgan Stanley ABS Capital I Inc. Trust 2007-HE2
(collectively, the "Trust"), Select Portfolio Servicing, Inc. ("SPS"); and Mortgage
Electronic Registration Systems, Inc. ("MERS") joinder of both the SNOHOMISH
COUNTY'S and QUALITY LOAN SERVICE CORP. OF WASHINGTON'S
motions.
27
28
ORDER ON CR 12(b)(6) HEARING 12.2
Page -1CV #WA-18-842379-CV
TS# WA-18-813156-BB
;QpR\G~~~~
LOAN SERVICE CORP. OF WASHINGTON
I
Page 3090
108 151 Ave S. Suite 202
Seattle WA 98104
PH: (206) 596.4862
1
2
3
4
5
The Court having considered the following:
1.
Arguments from the Counsels of both Plaintiffs and Defendants
2.
Plaintiffs' Complaint in its entirety
3.
SNOHOMISH COUNTY'S motion for dismissal and change of venue
4.
QUALITY LOAN SERVICE CORP. OF WASHINGTON'S joinder
6
7
and motion for dismissal
5.
The Trust's, SPS's and MERS's joinders of both the SNOHOMISH
8
COUNTY'S
9
WASHINGTON'S motions for dismissal.
and
QUALITY
LOAN
SERVICE
CORP.
10
6.
Plaintiffs' Response to the above Motions
11
7.
Plaintiffs' oral motion to disqualify Judge Svaren
12
8.
Plaintiffs' motion for Emergency Continuance
13
9.
The declarations of Angela Larson, Christopher Larson, Micah
14
Anderson, and Scott Stafue in support of Plaintiffs Responses and
15
Emergency Motion;
16
10.
The court record and other pleading previously filed in this matter
17
11.
The public record associated with the subject property
18
19
20
21
22
23
24
25
26
27
28
OF
12.
13.
The Court being fully advised, it is hereby ORDERED, ADJUDGED and
DECREED:
• Plaintiffs' oral request that Judge Svaren disqualify himself is denied.
• Plaintiffs' motion for Emergency Continuance is denied.
• Plaintiffs' cause of action as outlined in 4.3 of the Plaintiffs' Complaint
seeking Quiet Title under RCW 7.28 as to the subject property 11914 167TH
DRIVE NE ARLINGTON, WA 98233 was waived when Plaintiffs failed to
enjoin the Trustee's Sale held pursuant to RCW 61.24.127(2) and is therefore
DISMISSED WITH PREJUDICE as to all
ORDER ON CR l2(b)(6) HEARING 12.21.2018
Page -2CV #WA-18-842379-CV I
TS# WA-18-813 I 56-BB
Nart!s.
DQ5.l~t
L!N SERVICE CORP. OF WASHINGTON
I 08 l st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596.4862
Page 3091
1
• Plaintiffs' cause of action as outlined in 4.4 of the Plaintiffs' Complaint for
2
damages and injunctive relief under the Washington Consumer Protection Act
3
RCW 19.86 Claim STANDS as to all parties.
4
• Plaintiffs' cause of action as outlined in 4.5 of the Plaintiffs' Complaint for
5
damages and injunctive relief under the Washington Collection Agency Act
6
RCW 19.16 is DISMISSED WITH PREJUDICE as to Quality and STANDS
7
as to New Century Mortgage, John Does purported Successors in Interest
8
and/or Assigns, the Trust, MERS and Select Portfolio Servicing.
9
• Plaintiffs' cause of action as outlined in 4.6 of the Plaintiffs' Complaint for
10
damages and injunctive relief under the Washington Loan Act RCW 31.04 is
11
DISMISSED WITH PREJUDICE as to Quality and STANDS as to New
12
Century Mortgage, John Does purported Successors in Interest and/or Assigns,
13
the Trust, MERS and Select Portfolio Servicing.
14
• Plaintiffs' cause of action as outlined in 4.7 of the Plaintiffs' Complaint for a
15
declaratory judgment the Deed of Trust Act is Unconstitutional, STANDS as
16
to all parties.
17
• Plaintiffs' cause of action as outlined in 4.8 of the Plaintiffs' Complaint for
18
Equitable Causes of Action and Request for Relief STANDS as to all parties.
19
• The Court finds under RCW 4.12.020(1) that because a penalty is being
20
sought it is MANDANTORY that VENUE in this matter is to be
21
SNOHOMISH COUNTY. Therefore this Court hereby transfers this matter to
22
SNOHOMISH COUNTY SUPERIOR COURT for further adjudication.
23
24
DATED this~l\. day of January, 2019.
25
HON. JUDGE DA~ A. SVAREN
26
27
28
I
ORDER ON CR 12(bX6) HEARING 12.21.2018
Page -3CV #WA-18-842379-CV I
TS# WA-18-813156-BB
0 O~\~~!~N
!
L
Page 3092
SERVICE CORP. OF WASHINGTON
108 1st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596.4862
1
2
3
4
5
~,
6
..
tted WI TI1 ~
~tM•L- \. \q .19
7
Counsel for CHRISTOPHER LARSON and ANGELA LARSON
Stafue Law - Advocacy and Consulting
9 239 N. Olympic Ave.
1o Arlington, WA 98223
[email protected]
8
11
12
13
14
15
~OoJ,
<:Ot
Jeff Courser WSBA # 15466
w,lH e~tfv\
\J,A- ~''-- \.U. 19
KC Harding WSBA #51291
Counsel for The Trust, SPS and MERS
17
Stoel Rives LLP
18 600 University Street, Suite 3600
19 Seattle, WA 98101
[email protected]
16
20
21
22
23
24
25
26
27
28
ORDER ON CR 12(b)(6) HEARING 12.21.201
Page -4CV #W A-18-842379-CV I
TS# WA-18-813156-B B
sD o~!N
Page 3093
SERVICE CORP. OF WASHINGTON
l 08 I st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596.4862
Robert McDonald
Courser, D. Jeffrey <[email protected]>
Monday, January 21, 2019 10:56 AM
Robert McDonald; Scott Stafne; Clark, Cherie; IDSFC
Ann Marshall {[email protected]); Delian Deltchev ([email protected]); Harding,
KC L.; IDSFC; Scott E. Stafne ([email protected])
RE: LARSON I WA-18-813156-BB Re Larson v. Snohomish [S-R.0052161.06494)
From:
Sent
To:
Cc:
Subject:
Robert:
You are authorized to sign clean version on our behalf and present for entry.
D. Jeffrey Courser I Partner
STOEL RIVES
LLP I 760 SW Ninth Avenue, Suite 3000 I Portland, Oregon 97205
(503) 294-98281 Fax: (503) 220-2480
[email protected] I www.stoel.com
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of
the intended recipient. Any unauthorized review, use, or distribution is prohibited and may be unlawful.
From: Robert McDonald [mailto:[email protected]]
Sent: Monday, January 21, 2019 10:38 AM
To: Scott Stafne; Clark, Cherie; IDSFC
Cc: Ann Marshall ([email protected]); Delian Deltchev ([email protected]); Harding, KC L.; IDSFC; Courser, D.
Jeffrey; Scott E. Stafne ([email protected])
Subject: RE: LARSON I WA-18-813156-BB RE: Re Larson v. Snohomish [S-R.0052161.06494]
Jeff
Can you confirm the clean version may be sent for filing? If so can you please print, sign and
scan back or provide authorization that I may sign for you? I am trying to have this sent out
today for ex parte presentation. Thank you.
Robert W. McDonald
I
General Counsel
(lM&k!Jot
\":/:f.4,.ht-rtUt~n
"Excellence Starts Here"
108 1st Avenue South, Suite 202
Seattle, WA 98104
d. 206.596.4862 If. 206.274.4902
[email protected]
IC. 206.673.6523
Your feedback is warmly welcomed and greatly appreciated! Please feel free to send us your suggestions,
comments, and/or concerns to [email protected].
1
Page 3094
Robert McDonald
Subject:
Scott Stafne <[email protected]>
Saturday, January 19, 2019 8:34 PM
Clark, Cherie; Robert McDonald
Re: Re Larson v. Snohomish [S-R.0052161.06494)
Follow Up Flag:
Flag Status:
Flag for follow up
Completed
From:
Sent:
To:
Thanks. This works. Rockie has mt authorization to sign.
On Fri, Jan 18, 2019 at 9:44 AM Clark, Cherie <[email protected]> wrote:
Scott:
I am re-sending the earlier transmission of the current version of the dismissal order. Please let me know if
you have any additional problems opening.
D. Jeffrey Courser I Partner
STOEL RIVES LLP I 760 SW Ninth Avenue, Suite 3000 I Portland, Oregon 97205
(503) 294-9828 I Fax: (503) 220-2480
!
[email protected] I www.stoel.com
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of
the intended recipient. A:ny unauthorized review, use, or distribution is prohibited and may be unlawful.
Scott Stafne, Attorney
1
Page 3095
i
r
l
2
3
4
r=·tLED
19-2-01383-31 MTDFL
g
2019 AUG -9 PM 12: :38
Motion for Default
:l~illllllllllll/11111
5
6
7
8
9
lO
u
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR THE COUNTY OF SNOHOMISH
CHRISTOPHER E. LARSON, a
married man as his separate
estate, and ANGELA LARSON, a
married woman
12
B
M
Case No: 19-2-01383-31
PLAINTIFFS' MOTION FOR
ORDER OF DEFAULT
Plain tiffs,
V.
SNOHOMISH COUNTY, et al.,
15
Defendants.
!6
17
18
I. RELIEF REQUESTED
19
COME NOW Plaintiffs' Chris and Angela Larson to respectfully move the
20
Court for entry of an Order adjudging Defendants Deutsche Bank National
21
Trust Company, as Trustee, in trust for the registered holders of Morgan
22
23
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through
24
Certificates, Series 2007-HE2 ("the Trust"), its loan servicer, Select Portfolio
25
Servicing, Inc. ("SPS") and Mortgage Electronic Recording System, Inc.
26
27
28
Plaintiffs' Motion
For Order of Default
Page 1
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3096
("MERS") (collectively "non-answering Defendant") to be in default for want of
2
an answer pursuant to CR 55.
II. STATEMENT OF GROUNDS
4
5
This case involves a dispute over real property within Snohomish
6
County, Washington. Plaintiff served the non-answering Defendants with
7
true and correct copies of the Summons and Complaint on or about October
8
24, 2018. Dkt. 03. More than 289 days have elapsed from the time since the
9
non-answering Defendants were served with the Summons and Complaint,
IO
but neither Deutsche Bank National Trust Company, as Trustee, in trust for
L2
the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2,
B
Mortgage Pass-Through Certificates, Series 2007-HE2 ("the Trust"), its loan
servicer, Select Portfolio Servicing, Inc. ("SPS") and Mortgage Electronic
15
Recording System, Inc. ("MERS") have filed an answer to the Complaint.
17
III. ISSUE PRESENTED
18
Whether under CR 55 default should be entered against non-answering
19
Defendants for their failures to file and serve an answer or otherwise defend
20
within the . twenty (20) day period provided by law.
21
2:2
23
IV. EVIDENCE RELIED UPON
This motion is based upon the files and records herein and upon the
24
declaration of Scott Stafne in support of Plaintiffs' Motion for an Order of
25
Default.
26
27
28
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Plaintiffs' Motion
For Order of Default
Page2
Page 3097
V. AUTHORITY AND ARGUMENT
2
A motion for default is appropriate when "a party against whom a
3
judgment for affirmative relief is sought has failed to appear, plead, or
4
5
otherwise defend .... "CR 55(a). The motion should be granted if the party's
6
failure to appear or defend is proven via motion and affidavit. Id. It is within
7
the trial court's discretion to grant or deny a motion for default.
Paine-Gallucci, Inc. v. Anderson, 35 Wn.2d 312, 212 P.2d 805 (1949); Brown
9
v. Fleischauer, 53 Wn.2d 419,334 P.2d 174 (1959). Even where a Notice of
IO
u
Appearance is filed, it is not adequate to stave off default. See Duryea v.
Wilson, 135 Wn. App. 233, 239 (2006) ("Even if a party has appeared in an
13
14
action, if the party then fails to file a pleading ... , the party may still enter a
default."); Gen. Lithographing & Printing Co. v. Am. Trust Co., 55 Wash. 401,
15
402 (1909) (defendant "was actually in default" when it did not file an answer
16
17
within 20 days); Morrin v. Burris, 160 Wn.2d. 745, 757 (2007) (answers serve
different purposes from appearances and must be served and filed on time in
19
20
accordance with the rules).
Venue is proper because this Court has original jurisdiction over
2:1
22
23 .
disputes relating to title of real property. Const. art. N, § 6; RCW
4.12.010(1). This Court has jurisdiction over the subject-matter, as already
24
established, and personal jurisdiction over the parties including the
25
third-party Defendants. See Streeter-Dybhahl v. Nguyet Huynh, 157 Wn. App.
26
408, 412,236 P.3d 986 (2010), review denied, 170 Wn.2d 1026, 249 P.3d 182
27
28
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Plaintiffs' Motion
For Order of Default
Page 3
Page 3098
(2011) (quoting Wo'odruff v. Spence, 76 Wn. App. 207, 209, 883 P.2d 936
2
(1994) (A court obtains personal jurisdiction by proper service of the
3
complaint and summons.))
4
5
CR 4(b)(l)(iii) states that if a party fails to serve a copy of its defenses
6
within 20 days after the date the summons was served on the party, the
7
court may enter an order of default. Non-answering Defendants have failed
8
to answer the claims asserted against them, preventing Plaintiffs from
9
knowing which issues (if any) are contested. Deutsche Bank National Trust
10 .
Company, as Trustee, in trust for the registered holders of Morgan Stanley
ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates,
B
14
Series 2007-HE2 ("the Trust"), its loan servicer, Select Portfolio Servicing,
Inc. ("SPS") and Mortgage Electronic Recording System, Inc. ("MERS") have
15
failed to file and serve an answer within the 20 day period prescribed by CR
l6
l7
4(b)(l)(iii), an Order of Default should be entered against them.
18
VI. CONCLUSION
19
For the reasons set forth above and in Stafne's declaration this Court
20
should grant Plaintiff Motion for Default Judgement against non-answering
21
22
23
Defendants Deutsche Bank National Trust Company, as Trustee, in trust for
the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2,
24
Mortgage Pass-Through Certificates, Series 2007-HE2 ("the Trust"), its loan
25
servicer, Select Portfolio Servicing, Inc. ("SPS") and Mortgage Electronic
26
27
28
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Plaintiffs' Motion
For Order of Default
Page4
Page 3099
•
l
.,,
.:.
Recording System, Inc. ("MERS"). A proposed order is attached to this
motion.
3
4
DATED this 9th day of August, 2019 at Arlington, Washington.
5
i_s_v
___
6
By:_<;_'
1
Scott E. Stafne WSBA# 6964
STAFNE LAW
Advocacy & Consulting
239 N Olympic Avenue
Arlington, WA 98223
(360) 403-8700
8
9
lO
u
12
B
14
15
16
l7
18
19
20
2I
2:2
23
24
25
26
27
28
Plaintiffs' Motion
For Order of Default
Page 5
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3100
r= ,L.t:.
I' r: o·
i
1
2019 JUL 23 AM 10: 43
2
S;J ~ Yt\ r~ K,\SK I
COLP~ i Y CL~RK
S1-WHDMISH CO. W:\SH
3
Judge: £Lf__/_J
Hearing Date:
Hearing Time:~=9-3~o-~_rY\__.__ _
==:q:-:r::-::1:9=====
With Oral Argument
19-2-01383-31
AFS
5
Affidavit in Support
6142507
. Ill I111111111111111111111111111111111111
7
8
9
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR SNOHOMISH COUNTY
CHRISTOPHER E. LARSON, and
ANGELA LARSON,
12
DECLARATION OF D. JEFFREY
COURSER IN SUPPORT OF THE
TRUST, SPS, AND MERS'S MOTION
FOR SUMMARY JUDGMENT
Plaintiffs,
10
11
No. 19-2-01383-31
v.
SNOHOMISH COUNTY et al.
13
Defendants.
14
15
16
I, D. Jeffrey Courser, do hereby declare as follows:
1.
I am an attorney for Defendants Select Portfolio Servicing, Inc. ("SPS");
17
Deutsche Bank National Trust Company as trustee for Morgan Stanley ABS Capital I Inc. Trust
18
2007-HE2 Mortgage Pass Through Certificates, Series 2007; and Morgan Stanley ABS Capital I
19
Inc. Trust 2007-HE2 (the "Trust"); and Mortgage Electronic Recording System, Inc. ("MERS")
20
in the above entitled action and am competent to testify as to the matters set forth herein.
21
2.
Before this case was transferred to Snohomish County, the Skagit County
22
Superior Court issued an order on December 20, 2018, dismissing the government defendants
23
from this action. Attached hereto as Exhibit A is a true and correct copy of that order.
24
3.
The Skagit County Superior Court issued an order on January 24, 2019,
25
dismissing some claims in the case and transferring venue to Snohomish County. Attached
26
hereto as Exhibit Bis a true and correct copy of that order.
·:?,:,..
.I,,,,'
ORIGINAL
COURSER DECLARATION IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT - 1
STOEL RIVES LLP
I02502724.2 0052161-06494
ATTORNEYS
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.}2q_J380
Page 3101
4.
SPS, the Trust, and MERS issued discovery to Plaintiff, and Plaintiff responded
2
with verified .answers on April 8, 2019. Attached hereto as Exhibit C is a true and correct copy
3
of those discovery answers.
4
5
6
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Signed in Portland, Oregon this 18th day of July, 2019.
7
8
9
D. Jeffrey
urser, WSBA No. 15466
[email protected]
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COURSER DECLARATION IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT - 2
STOEL RIVES
102502724.2 0052161-06494
ATTORNEYS
LLP
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.}}q,3380
Page 3102
CERTIFICATE OF SERVICE
1
2
I hereby certify that I served the foregoing DECLARATION OF D. JEFFREY
3
COURSER IN SUPPORT OF THE TRUST, SPS, AND MERS'S MOTION FOR
4
SUMMARY JUDGMENT on the following named person(s) on the date indicated below by
5
I!! mailing with postage prepaid
6
•
•
•
•
7
8
9
hand delivery
facsimile transmission
overnight delivery
email
10
11
to said person(s) a true copy thereof, contained in a sealed envelope if by mail, addressed to said
12
person(s) at his or her last-known address, and email, at the email address indicated below.
13
14
15
16
Scott E. Stafne, WSBA No. 6964
Stafne Law
239 N. Olympic Avenue
Arlington, WA 98223
[email protected]
[email protected]
Robert McDonald, WSBA No. 43842
Quality Loan Service Corporation of
Washington
108 1st Avenue South, Suite 202
Seattle, WA 98104
[email protected]
[email protected]
Attorney for Defendant Quality Loan Service
Corporation of Washington
17
Attorney for Plaintiffs
18
Delian P. Deltchev, WSB No. 36908
Ann T. Marshall, WSB No. 23533
Anglin Flewelling Rasmussen Campbell &
Trytten LLP
701 Pike Street, Suite 1560
Seattle, WA 98101
[email protected]
[email protected]
19
20
21
22
23
24
25
Co-Counsel for Defendant Deutsche Bank
National Trust Company, as trustee for
Morgan Stanley ABS Capital I Inc. Trust 2007HE2 Mortgage Pass Through Certificates,
Series 2007
Sara J. DiVittorio
Snohomish County Prosecutors - Civil Division
3000 Rockefeller A venue, MS 504
Everett, WA 98201
[email protected]
Attorney for Defendants Snohomish County
Judges Appei, Bowden, Dingledy Ellis, Fair,
Farris, Judge, Krese, Kurtz, Langbehn, Larsen,
Lucas, Okrent, Weiss, and Wilson
26
CERTIFICATE OF SERVICE - 1
STOEL RIVES
ATTORNEYS
LLP
760 SW Ninth Avenue, Suite 30007 Portland, OR 97205
Telephone 503.224.3380
101543512.8 0052161-06494
Page 3103
1
2
3
4
Lyndsey M. Downs
Geoffrey A. Enns
Snohomish County Prosecutors - Civil
Division
3000 Rockefeller A venue, MS 504
Everett, WA 98201
[email protected]
Geoffrey .Enns@co. snohomish. wa. us
[email protected]
5
6
7
8
Attorneys for Defendants Snohomish County,
Snohomish County Auditor Carolyn Weikel,
Snohomish County Clerk Sonya Kraski, and
Snohomish County Examiner of Titles & Legal
Advisors to the Registrar Jane Doe
R. July Simpson, WSBA #45869
Rene D. Tomisser, WSBA #17509
Assistant Attorney Generals
Office of the Attorney General of Washington
Complex Litigation Division
7141 Cleanwater Drive SW
P.O. Box 40111
Olympia, WA 98504-0111
[email protected]
[email protected]
[email protected]
[email protected]
Attorneys for Defendants State of Washington,
Governor Jay Ins lee, and Attorney General
Robert Ferguson
9
10
DATED: July 22, 2019.
11
·7'71 c,/i_J_,_ &MoR~)
Michele Brandon, Practice Assistant
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
CERTIFICATE OF SERVICE - 2
STOEL RIVES
ATTORNEYS
LLP
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.224.3380
101543512.8 0052161-06494
Page 3104
EXHIBIT A
Page 3105
r ILt.lJ
·1
··KALilT COUHTY Clf:.HK
:i
SKAGIT COUNTY. WA
7018 OEC 20 AH I l': 5],
2
3
4
5
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF SKAGIT
7
8
9
CHRISTOPHER E. LARSON, a married man
as his separate estate; and ANGELA LARSON,
a married-woman,
Plaintiffs,
12
Ei1R-OPOSED] ORDER GRANTING
SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR
TRANSFER OF VENUE
10
JI
NO. 18-2-01234-29
vs.
SNOHOMISH COUNTY, et al.,
Defendants.
13
14
-is
16
17
ORDER
This matter came before the Court on Snohomish Cou~ty Defendants' Motion to Dismiss
18
and for Transfer of Venue. The Court has considered the arguments of the parties and reviewed
19
20
the pleadings and documents on file, including:
21
1)
Snohomish County Defendants' Motion to Dismiss and for Transfer of Venue;
22
2)
Plaintiff Larsons' Response to Snohomish County Defendants' Motion to Transfer
23
of Venue;
24
3)
Declaration of Scott Stafne in Support of Opposition to Motions to Dismiss and
25
26
27
Transfer Venue and in Support of Plaintiffs' Motion for Continuance, with attached exhibits;
[PROPOSED] ORDER GRANTING SNOHOMISH COUNlY
DEFENDANTS' MOTION TO DISMISS AND FOR TRANSFER OF
VENUE• l
SNOHOMISH COUNTY
PROSECUTING ATTORNEY• CIVIL DMSlON
Robert J. Drewel Bldg., 8"' Floor, M/S 504
3000 Rockefeller Ave
EVERETT, WASHINGTON 98201-4060
(425)388-6330
Page 3106
FAX: (425)388-6333
Exhibit A
Page 1 of3
4)
Declaration of Micah James Anderson, with attached exhibits;
2
5)
Declaration of Chris Larson;
3
6)
Declaration of Angela Larson, with attached exhibits;
4
7)
Plaintiffs' Response to State of Washington's Motion to Dismiss and Quality's
5
Joinder Therein, Also Plaintiffs' Response to Snohomish County's Motion to Dismiss;
6
8)
Plaintiffs' Emergency Motion for Extension of Time;
9)
State Defendants' Joinder in Snohomish County's Motion to Dismiss and Motion
7
8
9
to Change Venue;
IO
10)
11
Reply on Snohomish County Defendants' Motion to Dismiss and for Transfer of
Venue;
12
11)
.
13
14
12)
15
13)
16
Being fully advised in the matter; the Court does hereby FIND and ORDER:
17
'
I)
Plaintiffs' Emergency Motion for Extension of Time is DENIED.
2)
Snohomish County Defendants' Motion to Dismiss is GRANTED. All claims
18
19
20
against Snohomish County Defendants and State Defendant~ are dismissed without prejudice.
21
3)
22
4)
23
24
25
· 26
27
[PROPOSED] ORDER GRANTING SNOHOMISH COUNTY
DEFENDANTS' MOTION TO DISMISS AND FOR TRANSFER OF
VENUE-2
Page 3107
SNOHOMISH COUNTY
PROSECUTING ATTORNEY • CIVIL DIVISION
Robert J. Drewel Bldg., 81h Floor, M/5 504
3000 Rockefeller Ave
EVERETT, WASHINGTON 98201-4060
(425)388-6330 FAX: (425)388-6333
Exhibit A
Page 2 of 3
Presented by:
2,
3
4
5
6
7
8
9
JO
MARKK.ROE
Snohomish County Prosecuting Attorney·
~L
Ll)SEy DOWNS, WSBA No. 37453
GEOFFREY A. ENNS, WSBA No. 40682
Deputy Prosecuting Attorneys
Attorneys for Defendant Snohomish County, Carolyn Weikel, and Sonya Kraski
Snohomish County Prosecuting Attorney - Civil Division
3000 Rockefeller Ave., MIS 504
Everett, Washington 98201
Phone: (425) 388-6330 I Fax: (425) 388-6333
MARKK.ROE
:: : J & ~ s e c u t i n g Attorney
13
14
15
16
17
SAR!A J. DiVIITORIO, WSBA No. 33003
Deputy Prosecuting Attorney
Attorney for Defendant Judges Appel, Bowden, Dingledy, Ellis, Fair, Farris,
Judge, Krese, Kurtz, Langbehn, Larsen, Lucas, Okrent, Weiss, and Wilson
Snohomish County Prosecuting Attorney - Civil Division
3000 Rockefeller Ave., MIS 504
Everett, Washington 98201
Phone: (425) 388-6330 / Fax: (425) 388-6333
18
19
20
21
22
23
24
25
26
27
[PROPOSED] ORDER GRANTING SNOHOMISH COUNTY
DEFENDANTS' MOTION TO DISMISS AND FOR TRANSFER OF
VENUE-3
SNOHOMISH COUNTY
PROSECUTING ATTORNEY· CIVIL DIVISION
Robert J. Drewel Bldg., 8"' Floor, MIS 504
3000 Rockefeller Ave
EVERETT, WASHINGTON 98201-4060
(425)388-6330
Page 3108
FAX: (425)388-6333
Exhibit A
Page 3 of 3
EXHIBITB
Page 3109
FILEU
SKAGIT COUHiY CLEf<K
SKAGIT COUNTY, WA
2
2019 JAN 24 PH I: 51
,..,
.)
4
5
6
IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN AND FOR SKAGIT COUNTY
7
8
9
CHRISTOPHER .LARSON and ANGELA
LARSON,
Case No.: 18-2-01234-29
Plaintiffs,
10
V.
11
SNOHOMISH COUNTY, et al.,
12
PARTIAL ORDER OF DISMISSAL
AND ORDER ON CHANGE OF
VENUE
Defendants.
13
V
14
15
16
THIS MATTER having come before the Court December 20, 2018 on
SNOHOMISH
18
WASHINGTON'S motions for dismissal pursuant 10 CR 12 (b )(6) along with
19
QUALITY
20
SNOHOMISH COUNTY'S motion for change of venue, with Deutsche Bank
21
22
·r·
COUNTY'S
LOAN
and
QUALITY LOAN SERVICE CORP. OF
17
SERVICE
CQRP.
OF
WASHINGTON'S
joinder
of
National Trust Company; Deutsche Bank National Trust Company as trustee for
Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass Through
Certificates, Series 2007; and Morgan Stanley ABS Capital I Inc. Trust 2007-HE2
_.)
24
25
(collectively, the "Trust"), Select Portfolio Servicing, Inc. ("SPS"); and Mortgage
Electronic Registration Systems, Inc. (''MERS") joinder of both the SNOHOMISH
COUNTY'S and QUALITY LOAN SERVICE CORP. OF WASHINGTON'S
26
motions.
27
28
ORDER ON CR l 2(b)(6) HEAR ING 12.2
Page -1CV liWA-18-842379-CV !
TS# WA-18-813156-BB
;Q pRIG~~~.!:
LOAN SERVICE CO~P. OF WASHING TON
108 l"' Ave S. Suite 202
Seattle WA 98104
PH: (206) 596.4862
·
Page 3110
B
E h"b"
I
X
It
Page 1 of 6
The Court having considered the following:
2
3
4
5
I.
Arguments from the Counsels of both Plaintiffs and Defendants
2.
Plaintiffs' Complaint in its entirety
3.
SNOHOMISH COUNTY'S motion for dismissal and change of venue
4.
QUALITY LOAN SERVICE CORP. OF WASHINGTON'S joinder
6
and motion for dismissal
7
5.
The Trust's, SPS's and MERS's joinders of both the SNOHOMISH
8
COUNTY'S
9
WASHINGTON'S motions for dismissal.
and
QUALITY
LOAN
SERVICE
CORP.
10
6.
Plaintiffs' Response to the above Motions
11
7.
Plaintiffs' oral motion to disqualify Judge Svaren
12
8.
Plaintiffs' motion for Emergency Continuance
13
9.
The declarations of Angela Larson, Christopher Larson, Micah
14
Anderson, and Scott Stafne in support of Plaintiffs Responses and
15
Emergency Motion;
16
l 0.
The court record and other pleading previously filed in this matter
17
11.
The public record associated with the subject property
12.
18
13.
19
The Court being fully advised, it is hereby ORDERED, ADJUDGED and
20
21
22
24
25
26
27
OF
DECREED:
•
Plaintiffs' oral request that Judge Svaren disqualify himself is denied.
•
Plaintiffs' motion for Emergency Continuance is denied.
•
Plaintiffs' cause of action as outlined in 4.3 of the Plaintiffs' Complaint
seeking Quiet Title under RCW 7 .28 as to the subject property 11914 167TH
DRIVE NE ARLINGTON, WA 98233 was waived when Plaintiffs failed to
enjoin the Trustee's Sale held pursuant to RCW 61.24.127(2) and is therefore
DISMISSED WITH PREJUDICE as to all p~rtie. s.
28
ORDER ON CR 12(b)(6) HEARING 12.21.2018
Page -2CV #WA-18-842379-CV I
TS# WA-18-813156-BB
NAL
1
qB.. LOAN SERVICE CORP. OF WASHINGTON
D 9rt
Page 3111
l 08 1' t Ave S. Suite 202
Seattle WA 98104
PH: (206) 596.4862
E h'b'
B
1
X
It
Page 2 of 6
• Plaintiffs' cause of action as outlined in 4.4 of the Plaintiffs' Complaint for
2
damages and injunctive relief under the Washington Consumer Protection Act
3
RCW 19.86 Claim STANDS as to all parties.
4
•
Plaintiffs' cause of action as outlined in 4.5 of the Plaintiffs' Complaint for
5
damages and injunctive relief under the Washington Collection Agency Act
6
.RCW 19.16 is DISMfSSED WITH PREJUDICE as to Quality and STANDS
7
as to New Century Mortgage, John Does purp01ted Successors in Interest
8
and/or Assigns, the Trust, MERS and Select Portfolio Servicing. ,
9
•
Plaintiffs' cause of action as outlined in 4.6 of the Plaintiffs' Complaint for
10
damages and injunctive relief under the Washington Loan Act RCW 31.04 is
11
DISMISSED WITH PREJUDICE as to Quality and STANDS as to New
12
Century Mo11gage, John Does purported Successors in Interest and/or Assigns,
13
the Trust, MERS and Select Portfolio Servicing.
14
•
Plaintiffs' cause of action as outlined in 4. 7 of the Plaintiffs' Complaint for a
15
declaratory judgment the Deed of Trust Act is Unconstitutional, STANDS as
16
to a11 parties.
17
•
18
19
Plaintiffs' cause of action as outlined in 4.8 of the Plaintiffs' Complaint for
Equitable Causes of Action and Request for Relief STANDS as to all parties.
•
The Court finds under RCW 4.12.020(1) that bec_ause a penalty is being
20
sought it is MANDANTOR Y that VENUE in this matter is to be
21
SNOHOMISH COUNTY. Therefore this _Court hereby transfers this matter to
22
SNOHOMISH COUNTY SUPERIOR COURT for further adjudication.
23
24
<""\ I
l\
DATED this ..i...
day of January, 2019.
25
HON. JUDGE DA~ A. SVAREN
26
27 .
28
•
ORDER ON CR 12(b)(6) HEARING 12.21.20 I 8
Page -3CV #WA-18-842379-CV i
TS# WA-18-813156-BB
DO~I\
!:N
Page 3112
SER VICE CORP. OF WASHINGTON
108 l5 Ave S. Suite 202
Seattle WA 98I0 4 Exhibit B
PH: (206) 596.4862 Page 3 of 6
1
/
2
3
hlw~{2
Robert William McDonald, WSBA #43842
Quality Loan Services Corp. of Washington
4
5
6
~,
r,e&{., UJ I TH ~e:tvr
..
l- \ . \Gt . )9
Scott Stafne WSBA #6964
· e.N\A I
Counsel for CHRISTOPHER LARSON and ANGELA LARSON
8
Stafne Law - Advocacy and Consulting
9 239 N. Olympic Ave.
Jo Arlington, WA 98223
scott@stafoelaw,com
11
7
12
]3
14
15
16
17
18
19
20
OoJ~
\J \
Jeff Courser WSBA # I 5466
~
KC Harding WSBA #51291
Counsel for The Trust, SPS and MERS.
Stoel Rives LLP
600 University Street, Suite 3600
Seattle, WA 98 IO I
[email protected]
~
e~tjv\
\. Z--1 . I9
w,111
(d
\l,__
21
22
24
25
26
27
28
ORDER oN cR I2(bX6J HEARJNG 12.21.201
Page -4CV #WA-!8-842379-CV I
TS# WA-18-813156-BB
X) O~L
~N
SERVICE cciRP. OF WASHINGTON
I 08 ls, Ave S. Suite 202
Seanle WA 98104
PH: (206) 596.4862 p
Page 3113
E 111·b·tB
1
f
X
age 4 o 6
Robert McDonald
Courser, D. Jeffrey <[email protected]>
Monday, January 21, 2019 10:56 AM
Robert McDonald; Scott Stafne; Clark, Cherie; IDSFC
Ann Marshall (amarshall@afrctcom); Delian Deltchev ([email protected]); Harding,
KC L.; IDSFC; Scott E. Stafne ([email protected])
RE: LARSON I WA-18-813156-BB Re Larson v. Snohomish [S-R.0052161.0G494]
From:
Sent:
To:
Cc:
Subject:
Robert:
You are authorized to sign clean version on our behalf and present for entry.
D. Jeffrey Courser I Partner
STOEL RIVES LLP I 760 SW Ninth Avenue, Suite 3000 I Portland, Oregon 97205
(503) 294-9828 I Fax: (503) 220-2480
[email protected] I www.stoel.com .
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of
the intended recipient. Any unauthorized review, use, or distribution is prohibited and may be unlawful.
From: Robert McDonald [mailto:[email protected]]
Sent: Monday, January 21, 2019 10:38 AM
To: Scott Stafne; Clark, Cherie; IDSFC
Cc: Ann-Marshall ([email protected]); Detian Deltchev ([email protected]); Harding, KC L.; IDSFC; Courser, D.
Jeffrey; Scott E. Stafne ([email protected])
Subject: RE: LARSON I WA-18-813156-BB RE: Re Larson v. Snohomish [S-R.0052161.06494]
Jeff
Can you confirm the clean version may be sent for filing? If so can you please print, sign and
scan back or provide authorization that I may sign for you? I am trying to have this sent out
today for ex parte presentation. Thank you.
Robert W. McDonald
I General Counsel
Q~tk.lJot
\'ia uo"' o h;n1
"Excellence Starts Here"
108 1st Avenue South, Suite 202
Seattle, WA 98104
d. 206.596.4862 J f. 206.274.4902 I c. 206.673.6523
[email protected]
Your feedback is warmly welcomed and greatly appreciated! Please feel free to send us your suggestions,
comments, and/or concerns to [email protected].
1
ExhibitB
Page 5 of 6
Page 3114
Robert McDonald
Sent:
To:
Subject:
Scott Stafne <[email protected]>
Saturday, January 19, 2019 8:34 PM
Clark, Cherie; Robert McDonald
Re: Re Larson v. Snohomish [S-R.0052161.06494]
Follow Up Flag:
Flag Status:
Flag for follow up
Completed
From:
Thanks. This works. Rockie has mt authorization to sign.
On Fri, Jan 18, 2019 at 9:44 AM Clark, Cherie <[email protected]> wrote:
l Scott:
I am re-sending the earlier transmission of the current version of the dismissal order. Please let me know if
you have any additional problems opening.
D. Jeffrey Courser I Partner
STOEL RIVES LLP I 760 SW Ninth Avenue, Suite 3000 I Portland, Oregon 97205
(503) 294-9828 I Fax: (503) 220-2480
[email protected] I www .stoel.com
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of
the intended recipient. Any unauthorized review, use, or distribution is prohibited and may be unlawful.
Scott Stafne, Attorney
1
Exhibit B
Page 6 of 6
Page 3115
EXHIBIT C
Page 3116
2
3
4
5
6
7
8
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
9
FOR THE COUNTY OF SKAGIT
i.O
11
12
13
CHRISTOPHER E. LARSON, and
ANGELA LARSON
Case No.: 18-2-01234-29
14
Plaintiffs,
15
16 . ·
17
RESPONSES TO DEFENDANTSt
FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION
V.
SNOHOMISH COUNTY et al,
Defendant.
18
1.9
20
RESPONSES TO INTERROGATORIES
21
INTERROGATORY NO. I: Identify the facts supporting your assertion, at paragraph 1.13 of the
22
Complaint, that "Deutsche Bank National Tmst Company ... is not acting as a fiduciary for the
23
beneficiaries of the Morgan Stanley Tmst and therefore has no standing as real party in interest
24
on behalf of the bust or its beneficiaries to bring this action"
25
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Pagel
28
StafneLaw
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
Exhibit C
Page 1 of 17
Page 3117
2
RESPONSE TO INTERROGATORY 1: The 2006 Morgan Stanley Trust to which the note
3
was sold is different from the 2007 trust which SPS claims to be foreclosing on behalf of in
4
5
the name of Deutsche Bank as trustee. The Power of Attorney allowing foreclosure by SPS
6
does not require SPS as Deutsche Bank's attorney-in-fact to comply with fiduciary duties to
7
the beneficiaries. Additionally, based on information and belief, the servicing agreement
8
which SPS has refused to disclose, tends to prove that Deutsche Bank and the Trust claimed
9
by SPS to own the Note have no interest in the Note or deed of trust separately or together.
lO
See Complaint. See also documents produced. Discovery is continuing.
]]
12
D
INTERROGATORY NO. 2: Identify the.facts supporting your asse1tion> at paragraph 1.13 of the
14
Complaint, that "Deutsche Bank National Trust Company ... had no authority as a trustee or
l5
otherwise to appoint a successor trustee pursuant to RCW 61.24.010."
l6
n:
RESPONSE TO INTERROGATORY NO. 2: See previous answer. Also the Note and Deed
18
of Trust were separated at the inception of the loan. In 2008 the Note and Deed of Trust
20
were still separated and the Deed of Trust was owned by the Morgan Stanley 2006 Trust.
21
While the Note and Deed of Trust were intentionally separated by New Century and MERS
22
in order to promote their individual interests, the Deed of Trust did not secure payment of
2.1
24
the Note. Cf. Robinson v. Am. Home Mortgage Servicing, J,ic (in re MERS) 754F 3d. 772
,
(2014). See Complaint and documents produced. Plaintiffs do not, by producing any
25
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Page2
Stafne Law
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
28
'
Exhibit C
Page 2 of 17
Page 3118
document, waive any evidentiary objections relating thereto. See also Bain v. Metropolitan
2
Mortgage Group 175 Wn. 2d83, 285 P 2183 (Wash. 2012). Discovery is continuing.
3
4
s
INTERROGATORY NO. 3: Identify the facts supporting your assertion, at paragraph 1.14 of the
6
Complaint, that "Select Portfolio is a debt buyer and a collection agency within the meaning of
7
Washington's Collection Agency Act, Ch. 19. I 6 RCW because it is a debt buyer."
8
9·
RESPONSE TO INTERROGATORY NO. 3: See previous answers. A debt buyer is a
lO
collection agency within the meaning of Washington State Law. See also Gray v. Suttel +
H
12
Assocs, 181 Wn 2d329, 334 P3d.Rl (2015). This statement was intended to give notice the
iJ
Larsons are claiming Select Portfolio is a collection agency because among other things it is
a debt buyer and also owns mortgage liens which it attempts to collect upon. Facts which
15
support this assertion that Select Portfolio Servicing is a debt buyer and owner include,
16
17
without limitation, it is attempting to collect on a note on behalf of a trust which has no
i
economic interest in the note, in the name of a trustee which has failed to protect its
1&
19
fiduciary relationship with the beneficiaries of any trust. Further, that the entity which
20
primarily benefits from the foreclosure is SPS, which recoups its servicing costs and fees
21
from the foreclosure the owner of the mortgage when it is at most a subrogee. SPS is the
22
noteholder and claims to be owed debt, but is not a third party which is not entitled to
.23
24
recover through forecJosure of a security agreement. In this regard see RCW 19.16.100 4(a),
(b), (c,), (d). See Complaint and documents produced. Plaintiffs do not, by producing any
25
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Pagc3
StafneLaw
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
28
Exhibit C
Page 3 of 17
Page 3119
document, waive any evidentiary objections relating thereto. See also Bloomberg
2
description of SPS. Discovery is continuing.
3
4
5
INTERROGATORY NO. 4: Identify the facts supporting your assertion, at paragraph 1.15 of the
6
Complaint, that SPS, the Trust, and/or lVIERS operated under an "inauthentic note."
7
8
RESPONSE TO INTERROGATORY NO. 4: See previous answers. The Larsons invoke the
9
right to have defendants prove the signatures on the Note are authentic and that the Note
lO
itself is authentic. See RCW 62A.3-308. See also Nicolls v. 21st Mortgage Corporation 2017
11
12
Wash. App. Lexis 2471 (2017). See also RCW 19.16.210 and similar statutes. Reasons for
13
challenging the Note include, without limitation, dispa1·ate notes produced, differences in
14
claimed beneficiaries, dubious signatures. See Complaint. See also documents produced.
lS
16
Discovery is continuing. Plaintiffs do not, by producing any document, waive any
i
evidentiary objections relating thereto.
17
l8
!9
20
INTERROGATORY NO. 5: Identify the facts supporting your asse1iion, at paragraph 3.25 of the
Complaint, that "the Note being non-judicially foreclosed upon is not an original"
21
22
23
24
RESPONSE TO INTERROGATORY NO. 5: See previous answers. See also answer to
interrogatory 4. Plaintiffs assert that the Note is not the original because the signatures are
forged or otherwise inauthentic. See also Complaint and documents produced. Plaintiffs do
25
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Page4
28
StafneLaw
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washil'1gton 98223
360-403-8700
Exhibit C
Page 4 of17
Page 3120
f
not, by 1uoducing any document, waive any evidentiary objections relating thereto.
Discovery is continuing.
INTERROGATORY NO. 6: Identify the facts supporting your assertion, at paragraphs 3.25, 3.65,
and 4.33 of the Complaint, that "the loan was never funded."
7
8
RESPONSE TO INTERROGATORY NO. 6: See previous answers to these interrogatories
generally. See Complaint PP 3.43 ~ 3.66. Evidence shows New Century did not have money
H)
to pay loans during applicable time periods. MERS practice at this time was not to fund
H
12
mortgages. Further, the practice at that time was to treat the note and deed of trust as
B
separate instruments each having its own value and to transfer them separately because the
14
Note and security instrument were split. See also facts in Complaint generally and
15
16
documents produced. Plaintiffs do not, by producing any document, waive any evidentiary
' ; objections relating thereto. Discovery is continuing.
17 :
18
19
INTERROGATORY NO. 7: Identify the facts supporting your assertion, at paragraph 3.25 and
20
3. 78 of the Complaint, that MERS "had no authority to transfer beneficial interest in the Deed of
21
Trust."
22
23
24
RESPONSE TO INTERROGATORY NO. 7: Deed of Trust states MERS only had legal
interest in Security Agreement. Further :MERS never paid any consideration for the Note
2:5
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Pages
StafneLaw
Advocacy & Consulting
239 N. Qlympic Avenue
Arlington, Washington 98223
360-403-8700
28
Exhibit C
Page 5 of 17
Page 3121
or Deed of Trust and thus did not qualify as a beneficiary owning a beneficial instrument in
2
3
the Security Agreement. Further, New Century abrogated its relationship with MERS in
4
bankruptcy. See also previous answers. See also facts in Complaint generally and
5
documents produced. Plaintiffs do not, by producing any document, waive any evidentiary
6
objections relating thereto. Discovery is continuing.
7
8
INTERROGATORY NO. 8: Identify the facts supporting your assertion, at paragraphs 3.25 and
9
4.3.3(d) of the Complaint, that the statute of limitations has run on foreclosing under the Note.
lO
H
12
RESPONSE TO INTERROGATORY NO. 8: Longer than 6 years have passed since the
l3
acceleration on the Note and 1>ayments became due. Separately, longer than 6 years have
14
passed since there was a default under the Deed of Trust. See previous answers. See also
ts
facts set forth in Complaint. See also documents produced. Plaintiffs do not, by producing
!6
19
any document, waive any evidentiary objections relating thereto. Discovery is continuing.
INTERROGATORY NO. 9: Identify the facts suppo1ting your assertion, at paragraph 3.51 of the
20
Complaint, that "Plaintiffs are third party beneficiaries of the foregoing consent decree, which
21
was breached in numerous aspects by ... MERS."
22
23
24
RESPONSE TO INTERROGATORY NO. 9: See answers to these interrogatories. See facts
set forth in Complaint. See consent decr~e with Washington State referred to in the
25
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Page6
28
StafneLaw
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223 ·
360-403-8700
Exhibit C
Page 6 of 17
Page 3122
Complaint. Also MERS acting as legal owner of Note and security instrument (when it was
2
3
not) attempted to foreclose on the Larsons when it was precluded from doing so by the
4
bankruptcy court. Thereafter MERS fraudulently assigned the note creating a defective
5
chain of title. See also New Century bankruptcy documents. See also documents produced.
6
Plaintiffs do not, by producing any document, waive any evidentiary objections relating
7
thereto. Discovery is continuing.
8
g
INTERROGATORY NO. 10: Identify the facts supporting your asse11ion, at paragraph 4.3.3(b) of
10
u
the Complaint, that Defendants violated the CPA by :"[i]ntentionally splitting the Note from the
12
Security Instrument and transferring each separately"
13
14
RESPONSE TO INTERROGATORY NO. 10: Prior to 2012 MERS took the position that
l5
the Note and Deed of 'Irust were two separate agreements which could be sold separately
16
and MERS did attempt to sell the Deed of n·ust separate from the Note which created a
17
false chain of title which led to the unlawful foreclosure of plaintiffs home. See responses to
18
19
these interrogatories. See also facts set forth in Complaint. See also facts in Complaint
20
generally and documents produced. Plaintiffs do not, by producing any document, waive
2I
any evidentiary objections relating thereto. Discovery is continuing.
I
I
22
23
24
INTERROGATORY NO. 11: Identify the facts supporting your assertion, at paragraph 4.3.3(c) of
the Complaint, that Defendants violated the CPA by "[f]alsifying, forging, and improperly
25
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Page7
StafneLaw
Advocacy & Consulting
28
239 N. Olympic Avenue
Arlington, Washington 98223
360--403-8700
Exhibit C
Page 7 ofl7
Page 3123
l
transferring the Note and recording falsified, forged, and inaccurate documents in the Snol10mish
2
3
County Auditor's land records"
4
5
RESPONSE TO INTERROGATORY NO. 11: The chain of title was based on the
6
presumption that MERS owned legal title to the Deed of Trust and that it could transfer the
7
Deed of Trust (and possibly the note) to parties other than the noteholder for its own
8
benefit. MERS had no right to convey any interest in the Note or any claim to be a
9
lO
H
beneficiary under the Deed of Trust. Further, MERS was precluded by the bankruptcy
court from transferring any interest in the Deed of Trust related to the New Century
12
bankruptcy to anyone. See answers to these interrogatories. See also facts set forth in
l3
Complaint. See also documents produced. Plaintiffs do not, by producing any document,
14
waive any evidentiary objections relating ther;eto. Further, Plaintiffs assert these documents
JS
need to be canceled and expunged. Discovery is continuing.
16
17
18
l9
INTERROGATORY NO. 12: Identify the facts supporting your asse1tion, at the second paragraph
f
numbered 4.3.3(c) in the Complaint, that Defendants violated the CPA by "[c]harging and
attempting to collect charges and fees from Plaintiffs which are not owed anq!or could not be
21
charged"
22
23
RESPONSE TO INTERROGATORY NO. 12: Defendants SPS are a collection agency but
24
do not have a collection agency license in Washington State. Defendants SPS, Deutsche
25
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Page8
28
' Stafne Law
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
Exhibit C
Page 8 of 17
Page 3124
Bank, MERS, and 2007 Trust chain of title stems from an unlawful conveyance, which
2
3
4
should be cancelled and be expunged because it was not capable of assigning any interest in
Plaintiffs property. See also and separately facts set forth in Complaint. See also previous
5
answers to these interrogatories. See also documents produced. Plaintiffs do not, by
6
producing any document, waive any evidentiary objections relating thereto. Plaintiffs allege
7
SPS violated RCW 19.16.250, 19.16.250, 19.16.440, 19.16.450, 19.16.460 and related statutes.
8
!
I
Discovery is continuing.
9
IO
H
12
INTERROGATORY NO. 13: Identify the facts supporting your assertion, at paragraph 4.4.5 of
the Complaint, that the alleged "unfair and deceptive practices affect the public interest."
13
14
RESPONSE TO ~TERROGATORY NO.13: Violations of the Collection Agency Act are
15
per se unfair and deceptive practices. See RCW 19.16.440. See also, EGP Investments LLC v. ·
16
Frear, 2019 Wash. App. Lexis 803 at ,rs-6 (April 2, 2019). See also RCW 19.86.093.
17
Plaintiffs claim attempting to collect money not owed and that could not be charged 1)
18
19
20
violated the CPA, 2) violates a statute which incorporates legislative declaration of public
interest, and has the capacity to injure other persons. See answers to these interrogatories.
21
See also facts set forth in Complaint. See also facts in Complaint generally and documents
22
produced. Plaintiffs do not, by produ~ing any document, waive any evidentiary objections
23
relating thereto. Discovery is continuing.
j'
24
25
26
27
RESPONSES TO DEFENDANTS'
Page9
INTERROGATORIES
StafneLaw
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
28
Exhibit C
Page 9 of 17
Page 3125
INTERROGATORY NO. 14: Identify the facts supporting your assertion, at paragraph 4.5.3 of
2
3
the Complaint, that SPS has "purchased Plaintiffs' purported loan·and will be tl1e entity which
most benefits from the foreclosure of Plaintiffs' home."
5
6
RESPONSE TO INTERROGATORY NO. 14: See SPS response to QWR which shows no
7
advances made to trust until May 2017. Nonetheless, trustee foreclosed for full amount of
8
9
advances and fees even though it has no security interest in tile Deed of Trust. See responses
to these inteJTogatories. See also facts set forth in Complaint. See also facts in Complaint
lO
1J
L2
generally and documents produced. Plaintiffs do not, by producing any document, waive
any evidentiary objections relating thereto. Discovery is continuing.
13
14
INTERROGATORY NO. 15: Identify the facts supporting your asse11ion, at paragraph 4.5.4 of
15
the Complaint, that Defendants "committed one or more practices prohibited by RCW 16.250
I.6.
including without limitation (7), (8), (9), (15), (16), and (23)."
17.
18
19
RESPONSE TO INTERROGATORY NO. 15: The RCW referred to in this interrogatory,
20
RCW 19.16.250 has been previously referenced in these answers. See answers to these
21
interrogatories. See also Complaint and documents produced. Discovery is continuing.
22
Plaintiffs do not, by producing any document, waive any evidentiary objections relating
23
thereto.
24
25
26
27
RESPONSES TO DEFENDANTS'
. INTERROGATORIES
Page 10
StafneLaw
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
28
Exhibit C
Page 10 of 17
Page 3126
INTERROGATORY NO. 16: Identify the facts supporting your assertion, at paragraph 4.6.3 of
2
3
4
the Complaint, that "MERS violated DFI's order by purporting to sell New Century Mo1igage
Company's interest in the loan to Defendant Deutsche Bartle in 2010 when New Century
5
Mortgage Company had no interest in that loan and the Mortgage Stanley trust was no longer
6
operating and there was no legal basis for it to be a trustee."
7
8
9
RESPONSE TO INTERROGATORY NO. 16: MERS separate interest in the Deed of Trust
was intended to separate the Deed of Trust from the Note prior to the initiation of the
lO
H
t2
security instrument. MERS interest in the security interest was either void or abrogated by
the New Century's bankruptcy court's order. The effect ofMERS attempting to assign its
l3
interest in the security instrument being prohibited from doing so by the bankruptcy com·t
14
also violated DFI's order. See answers to these interrogatories. See also Complaint and
15
documents produced. Discovery is continuing. Plaintiffs do not, by producing any
i6
document, waive any evidentiary objections relating thereto.
17
18
19
20
21
INTERROGATORY NO. 17: Identify the facts supporting your assertion, at paragraph 4.7.3 of
the Complaint, that foreclosing on Plaintiffs "will cause injustice by providing an economic .
windfall to the Defendants and their predecessors for their illegal, immoral, and unjust conduct"
22
23
24
RESPONSE TO INTERROGATORY NO. 17: SPS, Deutsche Bank, MERS, and the 2007
Trust did not loan any money to Plaintiffs. New Century Mortgage and MERS did not loan
25
26
2V
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Page 11
Stafne Law
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
28
Exhibit C
Page 11 of 17
Page 3127
any money to the Plaintiffs. The Plaintiffs did not take out a loan with any of the defendants
2
3
4
5
who have attempted to foreclose upon them. See res·ponses to these interrogatories. See also
facts in the Complaint and documents produced. Plaintiffs do not, by producing any
document, waive any evidentiary objections relating thereto. Discovery is continuing.
6
7
8
9
INTERROGATORY NO. 18: Identify the facts supporting your assertion, at paragraph 4.7.4 of
the Complaint, that Defendants' actions "violate rights secured and guaranteed [to Plaintiffs] by
the Declaration of Rights set f01ih in Washington's Constitution"
H)
n:
12
RESPONSE TO INTERROGATORY NO. 18: Justice is absent in Washingto~ courts for
l3
the majority of its inhabitants who must litigate nonjudicial foreclosures in such courts,
l4
including virtually all person who cannot afford the services of attorneys from big law
15
firms. The political branches change the meaning of notes and deeds of the trust by way of
16
l7
rn
l.9
20
legislation and regulation after these agreements have been entered into. The consequences
of the lack of justice in Washington courts and political tinkering with deeds of trust to
favor the wealthy, including without limitation money i.e. money lender, debt buyers, hedge
funds, those who engage in fraudulent bankruptcy practices include loss of life and/or
21
substantial loss of life expectancy and/or loss of liberties and/or disability and/or
22
stigmatization. See also historical facts related to Washington's constitution and the United
23
States Constitution, especially those provision cited in the Complaint. The legislative history
24
of the Torrens Act, as well as its history of its enforcement, including without limitation
25
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Page 12
28
StafneLaw
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
Exhibit C
Page 12 of 17
Page 3128
Snohomish County superior court judges' and Snohomish county officials' compliance,
2
refusal to comply with its provisions over time and attempts to repeal it. In this regard, the
3
4
Larson family asserts that a foreclosure resultingin eviction will likely have a devastating
5
effect on them, including without limitation loss of life and life e1.'Pectancy, health, personal
6
liberties, property, and prevent societal happiness for their community without any
7
meaningful opportunity to obtain justice through Washington's courts. See e.g. Mortality·
8
9
and Disability Studies related to Homelessness. See also Whitney, Michael, Tribune, "At
least 36 people died homeless on the streets [of Snohomish County) last year [20181" (Jan.9,
lO
lJ
2019); Caleb Hutton, "Tied up a1td nearly naked, a homeless man died of exposure"
!2
Evertt/Herald (January 11, 2019); Snohomish County Medical Examiner's Office, ~llfedia
13
Release; Haglund, Noah, "Corrected: Overall, homelessness is on the rise. {S11ohomishl
14
counzy savs" Herald/Net (February 7, 2018); Caleb Hutton, "Candles flicker, bells chime for
15
22 who died on our streets - Homelessness in Snohomish County has soared by 65 percent in
16
the past two years. Many are veterans'." Everett/Net (December 22, 2017); Q13 Fox,
l7
u
"Snohomish County officials work to help homeless people suffering from addictio11"
1.9
POSTED 5:15 PM, MAY 1, 2018, BY AJANAVELO13, UPDATED AT 05:40PM, MAY 1,
20
2018; See also similar studies as well as more recent studies, including without limitation
21
those which indicate homelessness causes mental illness and addiction; See also Ch. 2.53
22
RCW - Chapter entitled CIVIL LEGAL AID, RCW 2.53.005; 2.53.010; 2.53.020; 2.53.030 1•
23
24
25
Although RCW 2.53.030 requires that public funds be used for, among other things, defense of
mortgage foreclosures, this provision is purposely not followed and who attert1pt to provide
1
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Page 13
l
Stafne Law
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
2g
Exhibit C
Page 13 of 17
Page 3129
1
See also Task Force on Civil Equal Just~ce Funding Washington State Supreme Court, The
2
3
4
Wasltingt01i State Civil Legal Needs Studv (September 2003); Washington State Supreme
Court, 2015 WASHINGTON STATE: CIVIL LEGAL NEED STUDY UPDATE (October
5
15, 2015); Doran, Jay, Civil Legal Needs Study Update: An Alarm and an Opportunity"
6
(WSBA June 2016 WASBA Bulletin); Washington Governor's Office, "Civil leg.al aid
7
funding at risk" August 2, 2017. See also facts set forth in Snohomish County Legal Services
8
9
web site at https://snocolegal.org/ and it's various pages and other similar web sites and
studies; Eric Johnson, KOMO News, "Seattle is Dying-Drugs and Homelessness in Seattle"
10
u
(2019); Alex Berezow, "Seattle Is Dying: Hundreds Of Homeless Dead Due To Failed Public
12
Health Policy" American Council on Science and Health (March 19, 2019); Eric Johnson,
l3
C, "There but for the grace of God ... " (2016); Eric Johnson, "Year-lone project gives voices
i4
to Seattle's homeless"June 1, 2016; Eric Johnson presents Demons at the Door: Our Heroin
i5
Crisis (June 11, 2017) See also similar and more recent articles, including without limitation .·
16
I
those relating to impacts of foreclosure on minorities on minorities, i.e. The disparate
17
impact ohulnerable adults; children, women, blacks. (Black for example comprise 12.5%
IS
19
of the population and 40 % of the ho.meless.) See also Other Answers to the Interrogatories)
20
See also Complaint. See also Documents Produced. Plaintiffs do not by producing any
21
document waive any evidentiary objections relating thereto. Discovery is continuing.
22
23
24
25
services under this Act are precluded from representing persons involved in mortgage
foreclosures.
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Page 14
28
StafneLaw
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
Exhibit C
Page 14 of 17
Page 3130
INTERROGATORY NO. 19: Identify the facts supporting your assertion, at paragraph 4.8.9 of
2
3
4
the Complaint, that application of "maxims of equity results in Deutsche Bank as Trustee or
otherwise not being allowed to foreclose upon Plaintiffs' home under the circumstances of this
s
case"
6
RESPONSE TO INTERROGATORY NO. 19: See Complaint and documents produced.
7
Discovery is continuing. Plaintiffs do not, by producing any document, waive any
8
evidentiary objections relating thereto.
9
10
n,
INTERROGATORY NO. 20: Identify and specifically describe all damages alleged in this action. 1
l2
B
RESPONSE TO INTERROGATORY NO. 20: Lost equity of approximately $100,000. Loss
l4
of use. Damages for constitutional violations. See answers to the interrogatories. See
IS
Complaint. See Documents produced. Plaintiffs do not, by producing any document, waive
i6
any evidentiary objections relating thereto. Discovery is continuing.
l7 .
i8
REQUESTS FOR PRODUCTION
l9
20
REQUEST FOR PRODUCTION 1: Produce all documents referenced or reviewed in answering.
:.u
the above interrogatories.
22
23
24
RESPONSE: See documents produced. Plaintiffs do not, by producing any document, waive
any evidentiary objections relating thereto. Discovery is continuing.
25
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Page 15
StafneLaw
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
Exhibit C
Page 15 of 17
Page 3131
l
2
REQUEST FOR PRODUCTION 2: Produce all documents referenced or referred to in the
3
Complaint.
4
5
G
RESPONSE: See documents produced. Plaintiffs do not, by pr,oducing or referencing any
7
document in the complaint, waive any eyidentiary objections relating thereto, Discoyery is
8
continuing.
H,
REQUEST FOR PRODUCTION 3: Produce all documents referenced or reviewed in answering
1.2
Interrogatmy No. 22, including but not limited to all receipts or other documentation of Plaintiff's'
13
damages.
14
t5
RESPONSE: There is no Interrogatory 22 so 110 documents related to damages are
16
l7
included,
!
rn
19
REQUEST FOR PRODUCTION 4: Produce all documents referred to in paragraph 3. 76 of
20
Complaint. See CompI. if3. 76 ("in April 2010 Plaintiffs received a notice of acceleration and
21
notice of default issued by Banlc of America entity.")
22
23
24
RESPONSE: See documents produced. Plaintiffs do not, by producing any document, wave
any evidentiary objections relating thereto. Please note MERS foreclosed on the beneficiary
25
26
27
RESPONSES TO DEFENDANTS'
INTERROGATORIES
Page 16
StafneLaw
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
Exhibit C
Page 16 of 17
Page 3132
in August 2008 after being denied executory authority by Bankruptcy Court.
VERIFICATION
STATE OF WASHINGTON
County of Snohomish
I, Scott Sta:fne, state w1der oath:
I am the attorney for Plaintiffs in this action; I have read the foregoing responses to
Defendants' First Request for Interrogatories and Requests for Production to Plaintiff above,
lmow the contents thereof, and believe them to be true and complete to my personal knowledge
lO
n
12
13
Stafne Law Advocacy & Consulting
239 N. Olympic Ave.
Arlington, WA 98223
(360) 435-8700
14
15
16
17
18
Subscribed and sworn to me this 8th day of April, 2019
?£t1~-
Notary Public for the State of Washington
.A-rl {a /
Residing at:
.'lk
ut{My Commission Expires110-/t~lo). {
19
20
2]
22
23
24
25
27
RESPQNSES TO DEFENDANTS'
INTERROGATORIES
Page 17
Stafne Law
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, Washington 98223
360-403-8700
28
Exhibit C
Page 17 ofl 7
Page 3133
FlL£o
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3
Hearing Date
n Ci' I I0
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,,- I -
~earingTime_"f_ _ _
t,<._,· _
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With Oral Argument
19- 2- 01383-31
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I
4
Affidavit in Support
6142494
·!I l~IIIIIIIIIIIHllllfI
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR SNOHOMISH COUNTY
8
9
CHRISTOPHER E. LARSON, and
ANGELA LARSON, j
.
Plaintiffs,
10
v.
11
12
SNOHOMISH COUNTY et al.
13
Defendants.
No. 19-2-01383-31
DECLARATION OF DANIEL MAYNES
IN SUPPORT OF THE TRUST, SPS,
AND MERS'S MOTION FOR
SUMMARY JUDGMENT
14
15
I, Daniel Maynes, declare and state as follows:
16
1.
I am an officer for Select Portfolio Servicing, Inc. ("SPS"), acting as attorney-in
17
fact for Deutsche Bank National Trust Company as trustee for Morgan Stanley ABS 1Capital I
18
Inc. Trust 2007-HE2 Mortgage Pass Through Certificates, Series 2007; and Morgan Stanley
19,
ABS Capital I Inc. Trust 2007-HE2 (the "Trust"). SPS is the servicer of the subject mortgage
20
and in such capacity performs mortgage loan services with respect to the subject mortgag~ on the
21
Trust's behalf. As an officer of SPS, I am authorized to make this affidavit on behalf of the
22
Trust.
23
2.
24
affidavit.
25
3.
26
I am over the age of 18 and competent to testify as to the matters contained in this
As a mortgage servicer, SPS collects payments from borrowers and maintains up
to-date electronic records concerning the loans it services in its electronic record keeping system.
.
DECLARATION OF DANIEL MAYNES IN SUPPORT OF·
. MOTION FOR SUMMARY JUDGMENT - l
'i. •.
,,
~·' '
.
ORIGINAL
STOEL RIVES LLP
ATTORNEYS
600 UnivmilY S ~ Suiae 3600, Seattle, WA 98101
Telephone {106) 6U-0900
101626760.4 00S2161-06494
Page 3134
1
I have access to SPS' s business records, including the business records for and relating to the
2
subject loan.
3
Borrower's loan and from my own personal knowledge of how the records are kept and
4
maintained. The Loan Records are maintained by SPS in the course of its regularly conducted
5
business activities and are made at or near the time of the event, by or from information
6
transmitted by a person with personal knowledge. It is the regular practice to keep such records
7
in the ordinary course ofregularly conducted business activity.
8
4.
I make this affidavit based upon my review of those records relating to the
To the extent that the business records of the loan in this matter were created by a
9
prior servicer, the prior servicer's records for the loan were integrated and boarded into SPS's
1O
systems, such that the prior servicer' s records concerning the loan are now part of SPS' s business
11
records.
12
process to ensure the accuracy of the boarded records.
13
integrate prior servicers' records into SPS's business records, and to rely upon the accuracy of
14
those boarded records in providing its loan servicing functions. These prior servicer records are
15
integrated and relied upon by SPS as part of SPS' s business records.
16
SPS maintains quality control and verification procedures as part of the boarding
5.
It
is the regular practice of SPS to
In connection with making this affidavit, I have acquired personal knowledge of
17
the matters stated herein by personally examining the business records pertaining to the subject
18
loan (the ''Loan Records").
19
20
21
22
23
6.
The Loan Records also include copies of the subject note and mortgage which I
have personally reviewed.
7.
I make this affidavit in support of the Trust's motion for an Order granting the
Trust and SPS summary judgment on all claims and dismissing this case, with prejudice
8.
The Loan Records reflect that Christopher E. Larson signed a promissory note in
24
the original principal sum of $218,000.00 (the "Note").
The Trust is holder of the Note, a true
25
and correct .copy c;>f which is attached hereto as Exhibit A. The original Note is currently held in
26
DECLARATION OF DANIEL MA YNES IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT - 2
STOEL RIVES
ATTORNEYS
LLP
600 University Street, Suite 3600, Seattle, WA 98101
Telephone (206) 624-0900
·
101626760.4 0052161-06494
Page 3135
1
the custody of Stoel Rives, counsel for SPS and the Trust, on behalf of the Trust for purposes of
2
this proceeding.
3
9.
The Loan Records reflect that the Note is secured by a Deed of Trust signed by
4
Christopher E. and Angela Larson, encumbering real property in Snohomish County,
5
Washington (the "Deed of Trust). Attached hereto as Exhibit Bis a true and correct copy of the
6
Deed of Trust.
10.
7
The Loan Records reflect that the Note was funded. Attached hereto as Exhibit
8
C is a true and correct copy of closing documents, showing the Note was funded, including
9
closing, escrow, and wiring instructions.
11:
10
The Loan Records reflect that the property subject to the Deed of Trust was
11
transferred via Statutory Warranty Deed to the Larsons as part of the 2006 mortgage and sale
12
transaction. Attached hereto as Exhibit D is a true and correct copy of that Statutory Warranty
13
Deed.
14
12.
The Loan Records reflect that MERS's interest under the Deed of Trust was
15
assigned to the Trust.
16
evidencing this assignment. Attached hereto as Exhibit E is a true and correct copy of that
17
Assignment of the Deed of Trust.
18
13.
On July 16, 2010, an Assignment of Deed of Trust was recorded,
The Loan Records reflect that SPS has been appointed power of attorney as
19
servicer of the Larsons' loan. Attached hereto as Exhibit F is a true and correct copy of that
20
appointment of limited power of attorney.
21
14.
The Loan Records reflect that the Larsons have failed to make regular payments
22
as due under the Note since March 1, 2012. SPS began servicing the Note in August 2012.
23
From 2012 to present, the Larsons failed to make their required monthly payments and never
24
brought the loan balance current. The Larsons last made a partial payment on the Note on or
25
about May 30, 2017, which failed to cure their default. No payments have been received since
26
May 30, 2017. Because of the Larsons' non-payment, the Loan Records reflect that servicers for
DECLARATION OF DANIEL MA YNES IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT - 3
STOEL RIVES
ATTORNEYS
LLP
600 Universitr, Street, Suite 3600, Seattle, WA 98101
Telephone (206) 624-0900
101626760.4 0052161-06494
Page 3136
1
the Trust have been required to pay the property's real estate taxes and homeowner's insurance,
2
resulting in over $50,000 in escrow advances for this loan.
3
15.
The Loan Records reflect that a Notice of Default was issued to the Larsons on
4
December 22, 2017, which included a "Declaration of Ownership" making it clear that the Trust
5
is the beneficiary of the loan and "actual holder of the Promissory Note." Attached hereto as
6
Exhibit G is a true and correct copy of the Notice of Default and all attachments.
7
16.
The Loan Records reflect that on May 17, 2018, Defendant Quality Loan Service
8
Corp. ("Quality Loan") was appointed foreclosure trustee. Attached hereto as Exhibit H is a
9
true and correct copy of the appointment of successor trustee appointing Quality Loan.
10
17.
The Loan Records reflect that on June 8, 2018, a Notice of Trustee's Sale was
11
recorded by Quality Loan, informing of a sale to be held on October 12, 2018. Attached hereto
12
as Exhibit I is a true and correct copy of the Notice of Sale.
13
18.
The Loan Records reflect that the Trustee's Sale referred to in the paragraph
14
above was postponed once from October 12 to November 16, 2018. The Loan Records reflect
15
that the property was sold, pursuant to the Deed of Trust, on November 16, 2018, and a Trustee's
16
Deed Upon Sale was recorded as described below in Paragraph 20.
17
19.
The Loan Records reflect that Christopher E. Larson executed a Name Affidavit
18
in connection with the Loan on October 9, 2006. Attached hereto as Exhibit J is a true and
19
correct copy, with redactions, of the executed Affidavit.
20 ·
21
20.
The Loan Records reflect that Trust was the winning bidder at the foreclosure sale
of the property, and thus was issued a Trustee Deed Upon Sale on November 19, 2018, which
22
23
24
25
26
DECLARATION OF DANIEL MA YNES IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT - 4
STOEL RIVES LLP
ATTORNEYS
600 Universitr, Street, Suite 3600, Seattle, WA 98101
Telephone (206) 624-0900
101626760.4 0052161-06494
Page 3137
1
was recorded November 21, 2018, under Snohomish County Auditor's File No. 201811210432.
2
Attached hereto as Exhibit K is a true and correct copy, of that Deed.
3
4
DATED: July~' 2019.
5
6
7
8
Title: Document Control Officer
9
Select Portfolio Servicing, Inc.
10
Date: ·
z/J~/JJ
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
DECLARATION OF DANIEL MA YNES IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT - 5
STOEL RIVES
ATTORNEYS
LLP
600 Universitr, Street, Suite 3600, Seattle, WA 98101
Telephone (206) 624-0900
101626760.4 0052161-06494
Page 3138
>
CERTIFICATEOF SERVICE
1
2
I hereby certify that I served the foregoing DECLARATION OF DANIEL MAYNES
3
IN SUPPORT OF THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY
4
JUDGMENT on the following named person(s) on the date indicated below by
5
00 mailing with postage prepaid
6
•
•
•
•
7
8
9
hand delivery
facsimile transmission
overnight delivery
email
10
11
to said person(s) a true copy thereof, contained in a sealed envelope if by mail, addressed to said
12
person(s) at his or her last-known address, and email, at the email address indicated below.
13
14
15
16
Scott E. Stafne, WSBA No. 6964
Stafne Law
239 N. Olympic Avenue
Arlington, WA 98223
[email protected]
[email protected]
Robert McDonald, WSBA No. 43842
Quality Loan Service Corporation of
Washington
108 1st Avenue South, Suite 202
Seattle, WA 98104
[email protected]
[email protected]
Attorney for Defendant Quality Loan Service
Corporation of Washington
17
Attorney for Plaintiffs
18
Delian P. Deltchev, WSB No. 36908
Ann T. Marshall, WSB No. 23533
Anglin Flewelling Rasmussen Campbell &
Trytten LLP
701 Pike Street, Suite 1560
Seattle, WA 98101
[email protected]
[email protected]
19
20
21
22
23
24
25
Co-Counsel for Defendant Deutsche Bank
National Trust Company, as trustee for
Morgan Stanley ABS Capital I Inc. Trust 2007HE2 Mortgage Pass Through Certificates,
Series 2007
Sara J. DiVittorio
Snohomish County Prosecutors - Civil Division
3000 Rockefeller A venue, MS 504
Everett, WA 98201
[email protected]
Attorney for Defendants Snohomish County
Judges Appel, Bowden, Dingledy Ellis, Fair,
Farris, Judge, Krese, Kurtz, Langbehn, Larsen,
Lucas, Okrent, Weiss, and Wilson
26
CERTIFICATE OF SERVICE - 1
STOEL RIVES
ATTORNEYS
LLP
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.22,.3380
IO 1543512.8 0052161-06494
Page 3139
1
2
3
4
Lyndsey M. Downs
Geoffrey A. Enns
Snohomish County Prosecutors - Civil
Division
'
3000 Rockefeller A venue, MS 504
Everett, WA 98201
[email protected]
[email protected]
[email protected]
5
6
7
8
Attorneys for Defendants Snohomish County,
Snohomish County Auditor Carolyn Weikel,
Snohomish County Clerk Sonya Kraski, and
Snohomish County Examiner of Titles & Legal
Advisors to the Registrar Jane Doe
R. July Simpson, WSBA #45869
Rene D. Tomisser, WSBA #17509
Assistant Attorney Generals
Office of the Attorney General of Washington
Complex Litigation Division
7141 Cleanwater Drive SW
P.O. Box 40111
Olympia, WA 98504-0111
RJulyS@ATG. WA.GOV
Rene. tomisser@atg. wa. gov
SaraC2@atg. wa. gov
[email protected]
Attorneys for Defendants State of Washington,
Governor Jay Ins lee, and Attorney General
Robert Ferguson
9
10
DATED: July 22, 2019.
YlZc~Cif)olrY\
Michele Brandon, Practice Assistant'
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
CERTIFICATE OF SERVICE-2
STOEL RIVES
ATTORNEYS
LLP
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.2h3380
101543512.8 0052161-06494
Page 3140
EXHIBIT A
I
Page 3141
MIN: 100488910099127945
ADJUSTABLE RATE NOTE
(LIBOR Six Month Index (as Published In The Wall Street Journal) - Rate Caps)
2 YEAR RATE LOCK, 5 YEAR INTEREST ONLY PERIOD
THIS NOTE CONTAINS PROVISIONS THAT WILL CHANGE IBE INTEREST RA TE AND THE
MONTHLY PAYMENT.
Arlington
(City)
October 6, 2006
(Date)
Washington
(State)
11914 167th DRIVE NE, Arlington, WA 98233
(Property Address)
1. BORROWER'S PROMISE TO PAY
In return for a Joan that I have received, I promise to pay U.S. $ 218,000.00 (this amount is called
"principal"), plus interest, to the order of the Lender. The Lender is New Century Mortgage Corporation.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay
interest at a yearly rate of 7.275%. The inter<:.:st rate I will pay will change in accordance with Section 4 of this
Note. The interest rate required by this Section 2 and Section 4 is the rate I will pay both before and after any
default described in Section 7(8) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay interest by making a payment eve1y month. Beginning on the Amortization Start Date, I will
pay principal each month in addition to interest.
I will make my monthly payment on the first day of each month beginning on December 1, 2006 ..
I will make these payments· every month until I have paid all of the principal and interest and any other
charges described below that I may owe under this Note. Each monthly payment will be applied as· of its scheduled
due date and will be applied to interest before.principal. If, on 11/01/2036 , I still owe amounts under this Note, I
will pay those amounts m full on that date, which is called the "Maturity Date."
I will make my monthly payments at 18400 Von Karman, Suite 1000, Irvine, CA 92612 or at a different
place if required by the Note Holder.
NCMC
Fixed/ ARM Six Month LIBOR
Interest Only Note (Multistate)
RE-440 (051005)
Page I of5
Exhibit A
Page 1 of 6
Page 3142
(B) Amount of My Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $1,321.63'. This amount may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest
rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note.
(D) Withholding
If I am a non-resident alien, I understand that all payments due hereunder shall be paid without reduction
for any taxes, deductions or withholding of any nature. If such tax, deduction or withholding is required by any law
to be made from any payment to the Note Holder, I shall continue to pay this Note in accordance with the terms
hereof, such that the Note Holder will receive such amount as it would have received bad no such tax, deduction or
withholding been required.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day of November, 2008 and on the same day of every
6th month thereafter. Each date on which my interest rate could change is called an "Interest Rate Change Date."
(B) The Index
Beginning with the first Interest Rate Change Date, my interest rate will be based on an Index plus a
margin. The "Index" is the average of interbank offered rates for six-month dollar deposits in the London market
("LIBOR"), as published in The Wall Street Journal "Money Rates" Table. The most recent Index figure available
as of the first business day of the month immediately preceding the month in which the Interest Rate Change Date
occurs is called the "Current Index."
..
•
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
On each Interest Rate Change Date, the Note Holder will calculate my new interest rate by adding Six And
Five Hundredth(s) percentage points (6.050%) to the Current Index. The Note Holder will then round this figure
to the nearest one-eighth of one percentage point (0. 125%). Subject to the limits stated in Section 4(D) below, this
rounded amount will be my new interest rate until the next Interest Rate Change Date.
(i) Interest-Only Period. The "Interest-Only Period" is the period from the date of this Note
through November l, 2011, called the "Amortization Start Date." During the Interest-Only
Period, my monthly payments will only pay the interest I owe. During the Interest-Only Period,
the Note Holder will calculate the amount of my monthly payment to be one-twelfth (I /12th) of
one (1) year's interest at the then applicable interest rate. The result of this calculation will be the
amount ofmy monthly payment until changed.
NCMC
Fixed/ ARM Six Month LIBOR
Interest Only Note (Multistate)
RE-440 (051005)
Page 2 of5
.
Exhibit A
Page2 of6
Page 3143
l
(ii) Amortization Period. · Beginning on the Amortization Date my monthly payments will
include principal. Starting on the Amortization Start Date and continuing until the Maturity Date
on each Interest Rate Change Date the Note Holder will calculate the amount of the monthly
payment that would be sufficient to fully repay the remaining unpaid principal in equal monthly
payments by the Maturity Date at the new interest rate, assuming, for purposes of each
calculation, that the interest rate did not change again. The result of this calculation will be tl1e
new amount of my monthly payment until the next Interest Rate Change Date.
(D) Limit on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 9.275 % or Jess than
7.275 %. Thereafter, my interest rate will never be increased or decreased on any single Interest Rate Change Date
by more than one and one half percentage points (1.5%) from the rate of interest I have been paying for the
preceding month. My interest rate will never be greater than 14.275 % or less than 7.275%.
(E) Effective Date of Changes
My new interest rate will become effective on each Interest Rate Change Date. I will pay the amount of
my new monthly payment beginning on the first monthly payment date after the Interest Rate Change Date until the
amount ofmy monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of
my monthly payment at least 25 days before the effective date of any change. Toe notice will include information
required by law to be given to me and also the title and telephone number of a person who will answer any
questions I may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal
only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing
so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note
Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note and to pay the
interest then accruing at the Note rate as of the date my prepayments are applied. Ifl make a partial prepayment,
there will be no changes in the due dates ofmy monthly payments unless the Note Holder agrees in writing to those
changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date
following my partial prepayment. However, :any reduction due to my partial prepayment may be offset by an
interest rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to b.e collected in connection with this lo-dll exceed the permitted limits,
then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct
payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment.
NCMC
Fixed/ ARM Six Month LIBOR
Interest Only Note (Multistatc)
Page 3 of5
RE-440 (051005)
Page 3144
-
Exhibit A
Page 3 of 6
,,.,.
·"'·
'!
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
.
If the Note Holder has not received the full amount of any monthly payment by the end of fifteen cal end.tr
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% or
$5.00, whichever is greater of my overdue monthly payment I will pay this late charge promptly but only once on
each late payment
(B) Default
If I do not pay the full amount of each. monthly payment on the date it is due, I will be in default.
(q Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that ifl do not pay the overdue
amount by a certain date, the Note Holder ma·y require me to pay immediately the full amount of principal which
has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on
which the notice is delivered or mailed to me.
(D) No Waiver by Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.
8. GMNG OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address ifl give the Note Holder a notice ofmy different address.
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder
under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section
3(A) above or at a different address ifI am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who talces over these obligations,
including the obligations ofa guarantor, surety'or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that any one of us may be required to pay all of the amount owed under this
Note.
10. WAIVERS
I and any other person who bas obligations under this Note waive the rights of Presentment and Notice of
_Dishonor, and further waive all relief under any valuation and appraisement laws. "Presentment" means the right to
NCMC
Fixed/ ARM Six Month LIBOR
Interest Only Note (Multistate)
Page4 ofS
RE-440 (051005)
Exhibit A
Page 4 of 6
Page 3145
require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the
· Kote Holder to give notice to other persons that amounts due have not been paid.
11. GOVERNING LAW - SECURED NOTE·
. This Note is governed by federal law and the law of the jurisdiction in which the property encumbered by
the Security Instrument (as defined below) is located. In addition to the protections given to the Note Holder under
this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note
protects the Note Holder from possible losses which might result ifl do not keep the promises which I make in the
Note. That Security Instrument describes bow and under what conditions I may be required to make immediate
payment in full of all amounts I owe under this Note. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full
of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower
must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of
this period, Lender may invoke any remedies pe1mitted by this Security Instrument without further notice or
demand on Borrower.
CAUTION
ITIS IMPORTANT THAT YOU THOROUGHLY READ
nns NOTE BEFORE YOU SIGN IT.
WITNESS THE HAND(S) AND SEAL(S) OF. THE UNDERSIGNED
- Borrower
- Borrower
- Borrower
- Borrower
- Borrower
- Borrower
- Borrower
- Borrower
(Sign Original Only)
NCMC
Fixed/ ARM Six Month LIDOR
Interest Only Note (Multistate)
PageS of5
RE-440 (OS JOOS)
-
Exhibit A
Page 5 of6
Page 3146
---~-~-----
--------------------------:_·~-
:ay ttl th@ order of, without recourse
.Je·
,Yi=-·;' --
>
$mveNagy
\lP. AP.f"... • Management
Exhibit A
Page 6 of 6
Page 3147
'
-------------
EXHIBITB
Page 3148
Return to:
Richmond Monroe Group
82 Jim Linegar LN
.Branson West MO. 65737
SPS#
Assessor's Parcel or Account Number: 005514-000-089-00
Abbreviated Legal Description:~T 89, PLAT OF RAINBOW SPRINGS, VOL. 19, P. 32-33.
(Include lot, block and plat or section, township and range]
FuJl legal description located on page 16
Trustee: FIRST AMERICAN TITLE
Additional Grantees located on page
- - - - - - - - - - - [ S p a c e Atlnve This J,lne For Recording D a t a ) - - - - - - - - - - -
DEED OF TRUST
00 / e;;,3
MIN 100488910099127945
FIRST AMERICAN
Cf {((Qt J-
DEFINITIONS
Words used .in multiple sections of this document are defined below and other words are defined in
Sect.ions 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
•
(A) "Sreurity lnstrument" means this document, which is dated October 6, 200 6
together with all Riders to this document.
(B) "Borrower" is Christopher E Larson, A Married Man as His Sole and Separate
Property
!Borrower is the trustor under this Security l11strumen.t.
(C) "undert• is New Century Mortgage Corporation
WASHINGTON-Single Family-Fannie Mae/m!ddle Mac UNIFORM INSTRUMENT WITH MERS
-
--6A(WA){0012).03
Page 1 of 15
Form 30CB 11 01
V. /;)y. '
Initials;~
VMP MORTGAGE !ORMS ·- {800)521*7291
ExhibitB
Page I of20
Page 3149
Lender is a Corporation
organized and existing under the laws of c.alifornia
Lender'saddressis18400Von Karman, Suite 1000, Irvine, CA 92612
(D) "Trustee" is FIRST AMERICAN TITLE
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender arid Lender's successors and assigns. MERS is the beneficiary
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated October 6, 2006
The Note states that Borrower owes Lender TWO HUNDRED EIGHTEEN THOUSAND AND 00/100
Dollars
(U.S. $ 218, ooo. oo
) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than 11/01/2036
(G) "Property" means the property that i~ described below under the heading "Transfer of Rights in the
Property."
(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower {check box as applicable]:
Ti] Adjustable Rate Rider D
D Balloon Rider
D
D
VA Rider
D
Condominium Rider
D Second Home Rider
Planned Unit Development Rider D 1-4 Family Rider
Biweekly Payment Rider
[i] Other(s) [specify]
Prepayment Rider
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(K) "Community Association Dues. Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(M) "F8crow Items" means those items that are described in Section 3.
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to,. or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
·
(0) ''Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.. '(
~J.i:'f.
Initials:~
-""6A(WA) (0012).03
Page 2 of 15
f'onn 3048 1/ 01
ExhibitB
Page2 of20
Page 3150
(Q) "RESPA" means the Real &tale Settlement Procedures Act (12 U.S.C. Section. 260l et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security ]mtrument. 1'RSPA 1~ refers to aH requirements and restri.ctions that. are imposed in regard
to a •federally related mortgag(i loan" even if the Loan does not qualify as a 11 federaHy related mortgage
loan" under RESPA.
(R) ''Successor in Interest of Borrower" means any party that has taken title to the Prope.rty, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROP~RTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's
successors and ai;sigllS) and the succe.c;sor, and assigns of MERS. This Security Instrument secures to
Lender: (i) the repayment of the Loan, anq all renewals, extensions and modifications of the Note; and (ii)
the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For
this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the
following described property locat~in. th~
County.
[Type ofRccording lurisdiction]
of
1;lceg!i. (, (!/ fl Oh .
[Name of Recording Jurisdiction] ;
See Legal Deecription Attached Hereto and Made a Part Hereof
Parcel ID Number: 005514-000-089-00
which currently bas the address of
11914 167th DRIVE NE
(Street]
fCicyJ , Washington 98233
Arlington
("Property Address''):
(Zip Code]
TOGETHER WITH all the impro~ements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property. n Borrower understands and agrees that MERS holds on1y legal title
to the interests granted by Borrower in th.is Security Instrumen1, but, if necessaiy. Ito comply with Jaw or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the. right: to exercise any
or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling this Security
Instrument.
BORROWER COVENANrS that Borrower is lawfully scised of the estate hereby conveyed and bas
the right. to grant and COffl'ey lhe Property and lhat lbe )'roperty ;,, W I O D < U ~"'""'Pl for encwnhra"""
Initials·
~"4iA(WA) (0012).03
Page 3 of 15
•
.
Fonn 3048 1/ 01
ExhibitB
Page 3 of20
Page 3151
'
of record. Borrower warrants and will defend generally the title to the :Property against all claims and
demands, subject to any encumbrances of record.
·
THIS SECURITY INSTRUMENT combines uniform covenantS for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
.
UNIFORM COVENAI\'TS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest; Escrow ltems, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument sbaU be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under tile Note or tbis
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the foUowing forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may .return any payment or partial payment if the payment or partial payment~ are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufiicient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in tbe f11ture, but Lender is not obligated ro apply such payments nt the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring·
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return. them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lemler shall relieve Borrower from. making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender: shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges. second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the exti!Jlt that, each payment can be
paid. in full. To the extent that any excess ·exists after the payment is applied to the ful1 payment of one or
more Periodic P.ayments, such excess may·be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurajJce proceeds, or Miscellaneous Proceeds to principal due under
,the Note shall not extend or postpone the dµe date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (die "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender und.er Section 5; and (d) Mortgage Insurance
premiums. if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
)rem..• At origination or at any rime during the ..,. of the Loan,
lhat Communily
11-""(Dire
Initials;
G\-SA(WA) (0012).03
Page.4 ot 15
•
Fonn 3048 1/ 01
ExhibitB
Page4 of20
Page 3152
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shalJ be an Escrow Item, l:Jorrower sball promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower Shaq pay Lender the Funds for Escrow Iteim unless Lender waives
&rro\\rer's obligation to pay the Funds-for any or all Rq:row Items. Lender may waive J3Qrrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. Jn. the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and; if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make !lµcb p;iym~nts and to provide receipts shaJI for all purposes be deemed to
be a covenant and agreement. contained in this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall ·then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke ·the waiver to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold F1mds in an amount (a) sufficient to permit Lender to apply
the Fundci at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future EscrQw Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumenta,lity, or entity (inclµding Lender, if lender is an institlltion whose deposits are so insured) or ira
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow ltems, unless Lender pays Borrower inte.rest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds .. Borrower and Lender can at,rree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
.
lf there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the exce~ funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, apd Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon paymegt in full of all sums
by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender. ;
4. Chatges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property whi.ch can attain priority over this Security Instrument, l~sehold payments or
ground rents on the Property, if any, and Community .Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
as
secured
-
-6A(WA) (0012).03
~ge3 5of 15
Fonn 3048 1/ 01
ExhibitB
Page 5 of20
Page 3153
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the•lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
S. Property Insurance. Borrower sh_all keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, pazards included within the term "extende~ coverage," and any
other hai.ards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the, amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any fonn of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
r
CS®-6A(WA) (0012).03
Page 6 of 15
Fonn 3048 1/ 01
ExhibitB
Page 6 of20
Page 3154
bold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided ·that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is compl.eted. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the SQle obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such: insurance proceeds shall be applied in the order provided fo~ in
Section 2.
If Borrower abandons the Property,. Lender may file, negotiate and settle any .available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property; insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid Wider the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, · and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds f9r the repairs and restoration in a single payment or in a series of
progress payments as the work· is completed. If the insurance or condemnation proceeds are not sufficient
to· repair or restore.the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misl~ding, or inaccurate information or statements .to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
Initials:
-
-6A(WA) (0012).03
Page 7 of 15
~ t!J.
f ·~
t
Fonn 3048 1/ 01
ExhibitB
Page 7 of20
Page 3155
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b} there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain{ priority· over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b} appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, cha:nge locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take acti~n under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It i,s agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9. '
Any amounts disbursed by Lender tinder this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires
title to the Property. the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing. ·
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender µte amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use an4 retain these
payments as a non-refundable loss .reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable. notwithstanding the fact tJiat the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or ~ings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a .condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for imch termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
· Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party ·to the Mortgage
Insurance.
·
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties th~t share or modify their risk, or reduce losses. These agreements
are on tenns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available (which may include funidsobtained from Mortgage
Insurance premiums).
.
'(
•
fee
lnltials:X'
--6A(WA) (0012).03
Page 8 of 15
·YJ<ra .
;--:---
Fonn 3048
1/01
ExhibitB
Page 8 of20
Page 3156
As a. result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any afftliate of any ol the foregoing, may rec.-eive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage lmrurance, in
exchange for i.haring or modifying the mortgage insurer's risk; or reducing losses. If such agreement
provides that an affiliate of Le.nder takes a share of the insurer's risk in. exchange for a share of the
premiums paid tQ the insurer~ the arrange~ent is often tenned "captive reinsurance.,. further:
(a) Any sucl1 agreements will not; affect tl1e amo11nts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not Iner.ease the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
Cb) Any such agreements wm not affect the rights Borrower has - if any - with respect to tlle
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insura11ce terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
terminption.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
· If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property. if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Misceltaneous Proceeds. lf the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by tbjs Security Instrnment,
wbeth.er or not tben due, with the excess, if any, paid to Borrower. S\lch Miscellaneom; Proc;eeds shall be
applied in the order provided for in Section 2.
In. the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, .jf any, paid to Borrower.
' .
_In the event of a partial taking, destru.ction, or loss in value of the Property in which the fair market
value of the Property immediately before· the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secqred by this Security Instrument immediately before the partial
taking. destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Misce1laneous Proceeds
multiplied by the following fraction: (a) ·the total amount of the sums se<..-ured immediately before the
partial taking, destruction, or loss in ~alue divi~ l;>y (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking,. destruction, or loss in value of the Property in which the fair market
value of the Property immedtately before 'the partial taking, destruction, or loss in value is less Olan the
amount of the sums secured immediately before the partial taking. destruction, or loss in value, unless
Borrower and.Lender otherwise agree in 'Yriting, the Miscellaneous Proceeds shall be applied to the sums
.secured by this Security Instrument whether or not the sums are then due.
If the Property ·is abandoned by .Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the n.ext !le!ltence) offers to maJre an award to settle a claim for damages,
Borrower fails to respond .to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument. whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellanoous Proceeds or the party against whom Borrowe.- has a right of action in
regaro to Miscellaneous Proceeds.
--BA(WA) (0012).03
Page 9of 15
( tjf.
lnitials-~_11t.:
Form 3048
1to1
ExhibitB
Page 9 of20
Page 3157
Borrower shall be in. defauJt if any a~tion or proceeding, whether civil or criminal, is begun that, in
Lender's judgment:. could result in forfeiJure of lbe Property or other material impairnlellt of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Imtrument. The proceeds or
any award or claim for damages tllat are attn'butable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not Qperate to release the liability of Borrower
or any Successors in Interest of Borrower: Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13, Jc,,int and Several Liability; Co-signers; Successors and Ai;signs Bound. Borrower covenants
and agrees that Borrower's obligations and· liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's right'> and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements Qf this Security Instrument shall bind (exC(.,.opt as provided in
Section 20) and benefit the.successors and assigns of Lender.
14. Lo;m Charges.. ~oder may charge Borrower fees for services performed in connection· with
Borrower's default, for the purpose of PT?tecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of.express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as ~ prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this S~curity Instrument or by Applicable Law.
If the Loan is subject to a law which set.'> maximum loan charges, and that Jaw is finalJy interpreted so
that .the interest or other loan charges collected or to be collected in connection with the Loan exceed the
pennitted limits, then; (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and {b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a .refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
clirect payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
,
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrow~r in connection With this Security Instrument shall be deemed to
have beeJL given ID Borrower whoo mailed by fin;t class mail or
deliveml ID l!om>wet,
'i
wbcntX .
fnH!a :
--8A(WA) (0012).03
Page 10 of 15
'
Fonn 3048 1/ 01
ExhibitB
Page 10 of20
Page 3158
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Appli~able Law expressly requires otht;nVise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice ad~ by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specJ:fies a procedure for reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under th!s Security Instrument at any one time. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice require<l by this Security Instrument is also required \llltler Applicable
Law, the Applicable Law requirement
satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Constrnctfou. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in whic.h the Property is located, All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not'be constnted as a prohibition against agreement by contract. In
the event that any provision or clause of th.is Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect ~ithout the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be gi\ien one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest jn Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests tran<iferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date io n purchaser,
If all or any part of the Property or any .Interest \in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. How!!ver, this. option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
,
·
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this
Security Instrument without further notice or deman(l on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If .Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days befor~ sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of
Borrower's right to rei»state; or (c) enuy Qf a jndgment e»forcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and th.e Note as if no acceleration had occurred.; (b) cures any default of any other covenants or
agreements; (c) pays all expenset1 incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under trus Security Instrument, and·Borrower's obligation ,to pay the sums secured by this Security
Instrument. shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as sele«ed by Lend.er: (a) cash,; (b) money order; (c)
will
(af.
~
-6A(WA) (0012).03
Page 11 of 15
Initial~'
Fonn 3048
1/01
ExhibitB
Page 11 of20
Page 3159
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Bqrrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration bad occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note aµd this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this:Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a cl~ss) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure g~ven to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances; pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene,· other flammable or toxic petroleum products. toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b} "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action. remedial action, or removal action; as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can 'cause, contribute to, or otherwise trigger an Environmentlll
Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spming,
or threat of
l,k~•• release
Initials ~
Q-6A(WA) (0012).03
®
Page 12 of 15
•
Fonn 3048 1/ 01
ExhibitB
Page 12 of20
Page 3160
release of any Hazardous Substance. and'. (c) any condition caused by the presence, use or release of a
Hazardous Substance which adve~ly affei;ts the value of the ProJ>(!rfy. If Borrower learns. or is notified
by any governmental or regulatory authority, or any private party. that any removal. or other remediation
of any Hazardous Substance affecting the P,roperty is necessmy, Borrower shall promptly mke all necessary
remedial actions in accordance with Environmental u.w. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup. .
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument {but not prior to
acceleration under Section 18 unless Applicable Law provides othenvise). The notice shall specify: (a)
the default; (b) the action required to Cl\re the default; (c) a date, _not less than 30 days from the date
the notice is given to Borrower, by whi~ the default must be cured; and (d) that failure to cure the
default on or before the date specified in the notice may result in acceleration of tJ1e sums secured by
this Security Instrument and sate of the Property at public auction at a date not less than 120 days in
the future. The notice shall further info'.nn Borrower of the right to reinstate after acceleration, the
right ~o bring a co11rt action to assert the non-e.dstence of a default or any other defense of Borrower
to acceleration and sale, and any other matters required to be included in the notice by Applicable
Law. H the default is not cured on or before the date specified in the notice, Lender at its option,may require immedh1te payment in full of all s~ms secured by this Security Instrument without
further demand and may invoke the power of sale and/or any other remedies permitted by
Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title
evidence.
If Lender invokes tile power of sale, Lender shall give written notice to Trustee of the
occurrence of an event of det'a1Jlt and of Lender's election to cause the Property to be sold. Trust~
and Lender shall take such action regarding notice of sale and shalJ give such notices to Borrower
and to other persons as Applicable Law may require. After the time required by Applicable Law and
after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property
at public auct.ion to the highest bidder at the time and place and uoder the terms designated in the
notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale
of the Property for a period or periods permitted by Applicable· Law by public announcement at the
time and place fixed in the notice of sale. Lender or its designee may purchase the Property at any
sale.
Trustee shall deliver to the purc~aser Trustee's deed conveying the Property without any
covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie
evidence of tile truth of the statements made therein. Trustee shall apply the proceeds of the sale in
expenses o·f the sale, including, but not limited to, reasonable Trustee's
the following order: (a) to
and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) .any excess to the
person or persons legally entitled to it or to the clerk of the superior court of the county in wllich the
sale took place.
23. Reconveyance. Upon payment of all sums secured. by this Security Instrnment, Lender shall
request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes
evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property
an
without warranty to the person or perso~ legally entitled to it. Such person or persons shall pay any
recordation costs and the Trustee's fee for preparing the reconveyance.
24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint
a successor trustee to any Trustee appointed hereunder who has ceased ro act. Without conveyance of the
Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee
herein and by Applicable Law,
.
~
ilJltiald( · ~•
--6A(WA)(0012).03
Page 13 of 15
r---
Foim 3048 1/ 01
ExhibitB
Page 13 of20
Page 3161
25. Use of Property. The Property is not used principally for agricultural purposes.
26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in
any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys'
fees," whenever used in this Security Instrument, shall include without limitation attorneys' fees incurred
by Lender in any bankruptcy proceeding or on appeal.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE UNDER WASHINGTON LAW.
. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrowe~ and recorded with it.
~
Witnesses:
Chr ~
Lan~
(&ml
-Borrower
_...;;::=--t!i'I-L-=-+'l""i----+-1'-""--"'L.>...jr;.,<.L---
(Seal)
-Borrower
(Seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ (Seal)
-Borrower
-Borrower
(Seal)
-~orrower
- - - - - - - ~ - - - - - (Seal)
-Borrower
(Seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ (Seal)
-Borrower
-Borrower
____________!
-
-6A(WA) (0012).03
Page 14 of 15
Fonn 3048 1/ 01
ExhibitB
Page 14 of20
Page 3162
STATE OFWASHING.JeN. J
-~ · '
Countyof
On this day personally ~
before me
} ss:
Chn~~pl\ar &. lM&of\
(J,IY\~-eJ.l\ ~,<.S lrv,
to me known to be the indivi~d_ described in and who e~
the within and foregoing instrument,
and acknowledged that he/she/· _ey s gned the same as his/her~ee and voluntary act and deed, for the
uses and purposes therein men ne'a.
/4l /l _ ·'1A N _
GIVEN under my hand and official seal this
day of (.JGIO~ (ft.)U\f
.
J
1
~1:M4,
l1n~
My Appointment Expires on
.\
s=1 ;>iU
MICHELLE L. GROSHONG
Q
lnlllals: \ .
~A(WA) (0012).03
l!)
.
Page 15 of 15
Fonn 3048 11 01
ExhibitB
Page 15 of20
Page 3163
Date: October 09, 2;006
File No.: 4228-911672 ( TC)
EXHIBIT 'A'
LEGAL DESCRlPllO.N:
lOT 89, Pl.AT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 19 OF
PLATS, PAGES 32 AND 33, RECORDS OF SNOHOMISH COUN'TY, WASHINGTON.
SITUATE IN THE .CQUNn' OF SNOHOMISH, STATE OF WASHINGTON.
Return to:
Richmond Monroe Group
82 Jim Linegar LN
Branson West, MO. 65737
ExhibitB
Page 16 of20
SPS#
Page 3164
MIN:1O0488910099127945
ADJUSTABLE RATE RIDER
(LIBOR Six-Month lndex (As Published in The Wall. Street Journal)~Rate Caps)
2 YEAR RATE LOCK, 5 YEAR INTEREST ONLY PERtOD
TBJS ADJUSTA.8LE RATE RIDER is made this 6th
dny of October, 2006
,
and is incorporated into and shall be deemed to amend and supplement. tbe Mortgage, Deed of Trust, or
Security Deed (the "Security Instrument") of the same date given by the undersigned ("Bor,rower") to secure
Borrower's Adjustable Rate Note (the "Note") to
New Century Mortgage Corporation
·
("Lender") of the same date and covering the property described in the Security Instrument and located at:
111914167th DRIVE NE, Artingtan, WA 98233
(Property Address)
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST
RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE MAXIMUM RATE
BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenimts and agreements made in the Security
Instrument1 Borrower .and Lender further covenant and agree as follows:
A.
INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for nn initial interest rate of
changes in the interest rate and monthly payments as follows:
4.
7.275 %. The Note provides for
INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may chang~ on the first day of November, 2008
,
and on d1c same day of every 6th month thereafter. Bach date on which my interest rate could change is
called an "Interest Rate Change Date."
(B) The Index
Beginning with the first Interest Rate Change Date, my interest rate will be based on an Index plus a
margin. The "Index" is the averdge of interbank offered rates for six-month dollar deposits in the London
market ("LIBOR"), as published in The Wall Street Journal "Money Rates" Table. The most recent lndex
figure available as of th.c first business day of the month immediately preceding tbc mooth in which the
Interest Rate Change Date occurs is called the "G'urrent Index."
If the Index is no longer available,· tbe Note Holder wm choose a new index that is based upon
comparable infonnation. The Note Holder will give me notice of this choice.
NCMC
fixed/ ARM Six Month LIBOR
Interest Only Rider(Multistate)
~-441 (OSIOOS)
PIJ8C1 afJ-
Return to:
Richmond Monroe Group
81 Jim Linegar LN
Branso~
SPS#-
ExhibitB
Page 17 of20
Page 3165
(C) Calculation of Changes
On each Interest Rate Change Date, the Note Holder will calculate my new interest rate by adding
Six And Five Hundredth{s)
percentage points (
6.050 %) to the
Current Index. The Note Holder wilt then round this figure to the nearest one-eighth of one percentage point
(0.125%). Subject to the limits stated in Section 4(D) below, this amount wm be my new interest rate until
the next Interest Rate Change Date.
.
(i) Interest-Only Period. The "Interest-only Period'' is the period from the date of this Note
through November 1, 2011, called the nAmortization Start Date." During the Interest-only
Period, my monthly payment\; will only pay the interest I owe. During the Interest-only Period,
the Note Holder will calculate the amount of my monthly payment to be one-twelfth (1112th) of
one ( 1) year's interest at the then applicable interest mtc. The result of this calculation will be th.c
amount ofmy monthly payment until changed.
(ii) Amortization Period. Beginning on the Amortization Date my monthly payments will
include principal. Starting on the Amorti;;,.ation Start Date and continuing until the Maturity Date,
on each Interest Rate Change Date the Note Holder will calculate the amount of the monthly
payment that would be sufficient to fully repay the remaining unpaid principal in equal monthly
payments by tbe Maturity Date at the new interest rate, assuming, for purposes of each
calculation,. that the interest rate did not change again. The result of this calculation will be tb.e
new amount ofmy monthly payment until the next Interest Rate Change Date.
(D) Limit on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be b'Tcater than 9.275 % or less
than 7.27S %. Thereafter, my interest rate will never be increased or decreased on any single Interest Rate
Change Date by more than one and one half percentage points (1.5%) from the rate of interest I have been
paying for the preceding month. My interest rate wilt never be greater than 14.27S % or less than 7.27S %.
(E) Effective Date of Changes
My new interest n1te will become effective on each Interest Rate Change Date. I will pay tbe amount of
my new monthly payment beginning on the first monthly payment date after the Interest Rate Change Date
until the amount of my monthly payment changes again.
(F) Notice of Changes
The .Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount
Qf my monthly payment at least 25 days before the effective date of any change. The notice will include
infonnation required by !aw to be given to me and also the title and telephone number of a person. who will
answer any question;.] may have regarding the notice.
f
11. GOVERi~G LAW - SECURED NOTE
The Note is governed by federal Jaw and the law of the juri$dietion in which the property encumbered by the
Security Instrument (as defined below) is .located. In addition to the protections given to the Note Holder
under the Note, a Mortgage, Deed of Trust or Security Deed (the "Security Ins1roment''), dated the same date
as the Note protects the Note Holder from possible losses which might result if I do not keei;, the promises
which I make .in the Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of all amounts I owe under the Note. Some of those conditions
are described as follows:
NCMC
.Filed! AIWSix Mootb UBOR
•fomm Only R.:idtl' (Mlil11ii.ue)
RE-441 (051005)
Page2of3
ExhibitB
Page 18 of20
Page 3166
B.
TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER.
Unifonn Covenant 18 of the Security Instrument is amended to read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower
is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate
payment in full of all sums secured by this :Security Instrument. However, this option shall not be exercised
by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand on Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this
Adjustable Rate Rider.
Christopher E Larson
~
-Borrower
-Borrower
-Borrower
-Borrower
-Borrower
-Borrower
-Borrower
-Borrower
(Sign Original Only)
NCMC
Fixed/ ARM Six Month LlBOR
Interest Only Rider (Multistate)
RE-441
(051005)
Page3 of3
ExhibitB
Page 19 of20
Page 3167
MIN:100488910099127945
PREPAYMENT RIDER
'ADJUSTABLE RATE LOAN
This Prepayment Rider is made this 6th
day of October
2 00 6
, and is incorporated into
and shall be deemed to amend and supplement the Promissory Note (the "Note") and Mortgage, Deed of Trust or
Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure
repayment of Borrower's Note to
New century Mortgage Corporation
·· (the "Lender").
To the extent that the provisions of this Prepayment Rider are inconsistent with the provisions of the Note and/or
Security Instrument, the provisions of this rider shall prevail over and shall supersede any such inconsistent
provisions of the Note and/or Security Instrument.
In addition to the covenants and agreements made in the Note and Security Instrument, the Borrower and Lender
further covenant and agree as follows:
S. BORROWERS RIGHT TO PREPAY
I have the right to make prepayments of principal any time before they are due. A payment of principal
only is known as a "prepayment". When I make a prepayment, I will ten the Note Holder in writing I am
doing so. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under
this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments
unless: the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of
my monthly payments after the first Change Date following my partial prepayment.
Ifwithin 2 year(s) from the date of execution of the Security Instrument., I make a full
prepayment or, in certain cases a pardal prepayment, and the total of such prepayment(s) in any 12-month
period exceeds TWENTY PERCENT (20%) of the original principal amount of tltis Joan, I will pay a
prepayment charge in an amount equal to the payment of six (6) months advance interest on the amount by
which the total of my prepayment(s) within that 12-month period exceeds TWENTY PERCENT (20%) of the
original principal amount of the loan.
BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this
Prepaym
' aer.
NCMC
Prepay Rider - ARM (Multi state)
RE-103
Page I of I
(080106)
ExhibitB
Page 20 of20
Page 3168
1
EXHIBIT C
Page 3169
4J
Clo~ing Instructions
RETURN LOAN DOCUMENT$ TO:
New Century Mortgage Corporation
11236 SE 6th.St, Ste 200
Bellevue, WA 98004
425-946-3000
Ac;count Manager Name: Brook Deatherage
Escrow:FIRST AMERICAN 11TLE
,
II
Loan Number:
Transectlon Name: Lan;on
Document Date:
10/08/2006
Funder Name:
Title:
PIRST AMERICAN TITLE
2917 PACIFIC AVENUE
Everett, WA 98201
(425)322-2009
TIiie Officer:
SNOHOMISH
TIUe Number:
4228-911672
•
202 E BURKE ST
ARLINGTON, WA 98223
(360)386-4000
Escrow Offlcet: TRUDY J. CRAIN
Escrow Number:4228-811672
Borrower: Christopher E Larson
:
Vesting: Christopher E Larson, A Manted Man ~
His Sole and Separate Property
!
·Property Address:
First Payment Date: 12/01/2006
Last Payment Date: 11/01/2036
Loan Term: 360
Interest Raie: 7.~75
11914167th DRIV~E~ ~ ~ n , WA 98233
~y
Coun~
Interest Payment Amount:
pf, ·
VJ $ 1,321.63
Loan Document El<plratlon Date: 11/11/2006'
Loan Approval expiration Date: 10/06/2006
Wo enclose the dQouments Indicated below. Please return all documents and copies as Indicated complete with tho
Borrower's slgnature(s) and acknowledgment as Indicated, DELIVER ONE COPY OF THE PROMISSORY NOTE,
SECURIJY INSTRUMENT RIDERS DISCLOSURES. AND OTHER SPECIFIED DOCUMENTS TO THE
BQRROWER<S) AFTER FORMS ARE COMPLETED AND SIGNED BY BORROWERCS) THE TOTAL
CONSIDERATION IN THIS TRANSACTION, E)SCEPT. FOR OUR LOAN FUNDS, AND APPROVED SECONDARY
FINANCING, IF ANY, MUST PASS THROUGH YOUR ESCROW IN THE FORM OF CASH. po NOT RECORD OUR
SECURIJY INSTRUMENT !E YOU HAVE KNQWLEQGf OE A CONCURRENT OR SUBSEOUENT ESCROW TI:fAT
WILL TRANSF~ SUBJECT PROPERTY UPON:COMpL.ETION OF THIS TRANSACTION
Do not make any amendment&, erasures, strikeouts, white outs or
alterations to the documents without Lender's prior approval:
NOiE: Ortglnel and Certify 3 copies
,
SECURITY INSTRUMENT: Conform and Certify 2 copies
RtDER(S) to NOTE and SECURITY INST,'RUMENT: Conform and Certlf'y 2 copies
ADDENDUM to NOTE and SECURITY INSTRUMENT: Conform and Certify 2 copies
LENDER'S INSTRUCTIONS: Signed by Borrower and Closing Officer/Agent
ADDENDUM TO LENDER'S INSTRUCTIONS: Signed by Closlng Officer/Agent
DISCLOSURES (Reg. Z, Good falth/llem!zat1on, Fair Lending, Servicing Transfer)
OCCUPANCY AGREEMENT
COMPLIANCE AGREEMENT
W-9 CERTIF.lCATION
30 OAY LETTER
IRS 4506 FORM
FLOOD NOTICE
NAME AFFIDAVrr
CERTIFICATION & AUTHORIZATION
ARM DISCLOSURE
1
HAZARD INSURANCE REQUIREMENTS
LOAN APPLICATION, Borrower to sign
LOAN APPROVAL CONDITIONS ATTACHMENT
INITIAL ESCROW ACCOUNT NOTICE
IMPOUND AUTHORIZATION
DISCLOSURE STATEMENT
PAYMENT LETTER
· INFORMATION FO~ GOVERNMENT MONITORING
BORROWER NOTICE
NOTICE OF ASSIGNMENT, SAL:e OR TRANSFER:
Closlng Agent to provide one copy to borrower and
return signed copy to Lender.
IN ADDITION TO THE DOCUMENTS NAMED ABOVE, FURNISH THE FOLLOWING INDICATED ITEMS WHEN
REQUESTING LOAN FUNDS. YOU MAY REQUEST LOAN FUNDS WHEN ALL CONDITIONS HAVE BEEN MET.
m
B
Certlfled copy oforlglnal Escrow/CIOslng lnstrucUons together with any/all Amendment(s) thereto.
Certified copy of the purchase agreement. deposit receipt together with any/all Addendum thereto
Estimated Closing Slatement/HlJD-1: 2 Certifled copies
First Lien Latter: Signed by title offleer assuring our 1st Lien Position In this transacilon.
Closing Protection Letter: Signed by title: officer assuring our IOan funds WIii be used in accordance with our
Instructions
water Stock Certificate showing Lender as first Pledgee, If apptlcable.
D
NCMC
Clo:Jlui.lnSU110IIOM
1\B-155
(091506)
U:NDER'S INSTRUCTIONS TO CLOSING AGENT
Pos:el ofl
SPS LARSON 0001
ExhibitC
Page 1 of23
Page 3170
-
--
•.
DOCUMENT CQMPLETJON EXECUTION AND DISIBIBUTION
•
For a purchase tranaaotlon, the closing must be In conformity with the final orlglnal sales 9ontract. as amended, with
respect to sales price, down payment, parUes and terms as approved by Lender. For a refinance transaction, the
closing egenl must review the date of the transaction and cancellaUon -date on the Notice of Right to cancel prior to
the Borrower signing the document. Provide each Borrower and each parson having ownership Interest In the secured
property with 2 copies of the completed, executed documant for his/her records. IF A BORROWER OR OWNER
INDICATES A DESIRE TO CANCEL THIS TRANSACTION, DO NOT FUND THE LOAN. CONTACT LENDER
IMMEDIATELY FOR FURTHER INSTRUCTION!:!,
All documents must b e ~ exRctly as the nar;ne of the Borrower Is typed under the signature line. Try to use blue
Ink to dlstlngulsh original elgnal\lras on documEnta. All forms bearing a notary eeotlon must be notar1zed by the
Closing Agent. If a typed Loan Application form
Included with loan documents, II must be signed by the Borrower.
Do not make any amendments, erasures, s lkeouts, white outs or alterations to the documents without
Lender's prior approval. If approvod, additions and/or strikeouts must be Initialed by ell p~les required to sign the
document. A non-tmed spouse must sign the security Instrument, Good Feith EsUmate, RegulaUon z disclosure and, In
a refinance transaction, the Notice of Right to qancel. A Powar:gf-Attorney must be approved by our legal counsel
prior to closlng. Please ellow at least 3 days for review of the orlglnal Power-of-Altomiay document by our legal counsel
prior to closing. ~
on the Security Instrument, Title Insurance Policy and Conveyance Deeds must be consistent .
. Any variations must be approved by Lender prior to loan closlng.
YOU ARE NOT AUTHORIZED TO REQUEST LOAN FUNDS UNTIL ALL ESCROW CONDITIONS HAVE BEEN
SATISFIED OR WAIVED WITH LENDER'S PRIOR KNOWLB:>GE. WE WILL CONSlDER ANY REQUEST FOR
LOAN FUNDS TO BE AN ASSURANCE BY CLOSING AGENT THAT ESCROW IS PREPARED TO CONCLUDE
THIS TRANSACTION WITHfN 24 HOURS.
SETTLEMENT STATEMENT/HUD-1
llemlze all debts end disbursements In ecoordance With RESPA settlement statement format requirements on a
HUD-1 or HU0-1A form. Forward 1 certified copy of .the-Estimated Closing Statement When loan funds are requested
end 2 certified copies of the Final Settlement Statement/ HU0-1 within 24 hours foUowlng disbursement of loan funds.
Send the copies to the Lender at the address designated on page three.
TITLE INSURANCE
Should loan proceeds be disbursed, Lender WIii require an ALTA Title Polley Issued at closing and containing the
followlng Endorsements: 100, 116, 8.1 and P:1-lil.-:;;c:-:-c=~=~:-::-:;-::-----.--,,--......,---.,,.,..,......,.--..,..,.-· TIUe Polley
llabllity must be In the amount of our loan with on:effectlve date as of the date our security Instrument ls recorded. The
named Insured Is NewCentuQt Mortrge Q?monatinn
and/or assigns.
The Polley must be free from encumranoe except Items: of prellmlnary tllle
report/commitment doted n9127/2QQ6
• All general and speolal texes due and payable must be paid prior to or
through this transaction. Secondary Financing [iJ Is approved In the amount of $ 54 50n no
.
Is NOT
approved by Lender.
D
TABLE CLOSING: Contact Lender before 4:00 pm and request a Funding Authorization number before closing this
transaction. The Funding Authorization number Is your assurance that Lender has authorized disbursement of It's loan
funds. Return all signed loan documents to Lender within 24 hours following the closing date.
ESCROW CLOSING: Return original signed anc;i certified copies of loan documents for Lender review prior to your
request for loan funds. Loan documents must be· received by Lender at least 24 hours prior to the scheduled funding
date.
••,·.
.:·,
inn1111uiHimn
1
NCMC
Closing lnSlnlctlcn,
RB-155
(091506)
...... .
LEN0ER'S INSTRUCTIONS TO CLOSING AGENT
Poso2ot3
SPS LARSON 0002
ExhibitC
Page 2 of23
Page 3171
•
LENDER:
AccountManage~go
Accow,t Executive:
Linda Ames
Broker:
First Pacific Martgage Co
Contact for Funds/Funding Authorization
New Centwy Mortgage Corporation
11238 SE 6th St, Ste 200
Bellevue, WA 98004
Attention: Brook Deatherage
Phone: 425-945-3000
*
Discount Fee
Origination Fee
.*
.
Flood Certification Fee
Processing Fee
Tax Service Fee
Underwritln~Fee
Processing ee
Settlement or Clos!ng Fee
Messenger Fee
* Appralsal Foo
1.500
(POC)
First Pacific Mortgage Co Inc
First Pacific Mortgage Co Inc
New Century Mortgage
New Century Mortgage
New Century Mortgage
New Century Mortgage
First Pacific M~
Co Inc
FIRST AMERI
ITLE
FIRST AMERICAN TITLE
$3,270.00
$625.00
111.20
$ 99.00
$78.00
$399.00
f696.00
842.60
$75.00
SALE ·p
$.00
f-0D
.oo
$.00
$.00
$.00
f-00
.00
$.00
CE
$.00
$,00
J-00
.00
100
00
$.00
$.00
$.00
LoAN AMOUNT
272,600.00
218,000.00
I
Less Interest @43.45
From:10/13/2006 To: 11/01/2006
Less Lender Foes from Loan
Proceeds
$887.20!
I
I
Less Net Escrowf
Impound Reserves .__ _ _ _ ___.$.aa.0;..;:0..,
!
Subtotal_!_ _ _$_2_1s
__,_28_7_.2_s...
Gross Escrow/Impound
Aggregate Adjustment
s aal
oal
e,~mated Choc:k/Wire Amount
Loan Proceeds
NCMC
Clo.ulnu lh$1:ntod~ns
IU!-JSS (091506)
Pago3 afl
216,287.251
SPS LARSON 0003
ExhibitC
Page 3 of23
Page 3172
.CROW
DISBURSEMEN.
·
LOAN NO:
New Centluy Mortgage Corporation
11236 SE 6th St, Ste 200
Bellevue, WA 98004
426-946•3000
ESCROW NO: 4228•911672
OROERNO: 4228·911672•TC
LOAN NAME: Larson
MONTHLY PAYMENT:
;:;D;.:O;.:C,:;Ulll"""'e"'n"-t.::D.::a.;.::le;.:.:...:1c.;;0;:.;I0..,6;.:./;:c20=-06:=..--=Fc..:U;::n.;.::d°"ln;=.:;;P.=a:=.;te:;.;: To Follow
~
1,321.63
FIRST AMERICAN TITLE
FIRST AMERICAN TITLE
HAZARD INS,
{ IMPOUNDS
202 e BURKE ST
2917 PACIFIC AVENUE
FLOOD INS
SUB,TOTAL
ARLINGTON, WA 98223
Everett, WA 98201
PMVMMI
To Follow
1,321.63
L.l>Lml'1""1&2:::t>1...,__ _ _ _ _ _ _ _ _ _ _.., U.:US...,.,'16-1":6"°""------------' TOTAL
ATTN: TRUDY J, CRAIN
ATTN: SNOHOMISH
Please flnd enclosed fUnda to be reloasad In COM9cllon with the abow referenced order and subJec:I lo Ille loffowln9 terms and condlllons and addlllonal
lnstruc"On5 from escrow:
Rererenca made 10 the Deed or trust recording on the ALTA TIiie Polley must show the lnslnlmen1 Number as wen aa Iha date of
r8COrdln9. Sand ALTA Tille Polley 1n duplicate dlmcUy lo lendorat 18400 Von Karman, Su1le 1000 Irvine, ca 82612
Wo are to be et no oxpensa In Illa transacUon. AU dlsbursemont checks ror
payment of unoocurad Bom>YA!r debt end rnedlanlo'a
Hens must be made payable lo Bon-owqr and o,vdllor.
°'"
PHONE ESCROW for your lnatruellons uJ)On receipt cl this order. If for any reason yvu cannot comply with our Instructions and record
the Daad of Trust within 24 hours or lhe date on our c:hock/wlro, caa Iha undersigned for furlher lnslrucllons,
II Ille CC&R'S co11taln a ro-enlt)' and/or revemlonary clau~o wo WIii require a 100.1:a endorcoment.
ALTAP0LtcY must c:onloln Endomementa 100,118, 8.1 and 111.5
with llablllly
In Iha amount or l>UI loan on properly desc,'lbed herein. LIABILITY SUBJECT ONLY TO; (Gan. & Spao. laxes) Fiscal Year PAY ALL DUE
Funds may bo usod lor account of tho Vaslooa, and you wfll record all Ina11uments wt,on you comply with the fOIIOWing:
1. losuc aald rann or pollcy showing IIUo vaalad as chown batow.
Z Issue said form of Polley free from encumbrances axc:opl Items 7 ~16
or prullmlnary 11ua Report
dated 09/27/2006
• Secondary financing In lhe amount of$ 64,600.00
has been approved.
Vesting: Chrlstopl,or E Larson, A Man-led Man as His sole and Separate Property
County:Snohomlsh
Address:
11914 167th DRIVE NE
Arlington, WA 98233
First Payment Date: 12101/2006
Int. Rate: 7.276
Last Payment Date: 11/01/2036
Term: 360 mos.
%
THE TOTM. CONSIDERATION ._, THI$ TRAN8ACTIDN EXCEPT FOR OUR LOAN AND APPR0\12:D SEGONOAf\Y FINNfctHG SP- >Ht, MUDT PASO rN THC P'OnM Of' OAGH THROUGH YOUR
eecROw. DO NOT nl:!COAD OUR Di!l:D OF must IF YOU HAVE: t<NQVl4.EDOI! OP A CONOURAENT OR auoaeOU:E9i'J eaCAOWTO oe. OPC!Neb OR cLO0tD UPON 00t.1Pl.tmON Of" i1tl8
ESCROW, WHlc:tt-L TRAMSPERWBJl?eTPROPORTY,
(Ootrowo,)
Discount Fee
(Uolor-)
Branch: 3333
Rep: Unda Ames
Sales Price
27'2 600.00
$,00
New Century Mortgage
Origination Fee
1.600
First Pautnc Mortgage Co Inc
Flood
Proco1111in9 Fae
Tax Service Foo
Underwriting Fee
l>rocosslng Fae
New Century
New Century
New Century
New Century
Fbut Paclffc
List Of POC Fees
Appraisal Foe
Broker
%
Loan Amount
$3,270.00
21R 000.00
$11,20
$399.00
$78.00
$399.00
$696.00
Sub-total:
$.00
.00
Aggregate Adjustment
Less Net Impounds: .
.oo
Less Per Diem Interest 43.45
~,
From:10111I2006
To 11/01/2006
:=:======e::::1:::2'=4~
I
$525.00
I
=======~sl
Less Fees Deducted by Lender: I-
887.201
::======::::::=::::::::::::!
Sub-Total: I
216,200.351
::======::::::::==:
PMI Premium:
I
.ool '
:=========:
I
Add Yield Premium ID Broker!
(Paid by Lender) (0.000%) .__------'•-o_,o
Two cartlflud cople& of Borrower"G and Sollor"a Sattlem.,nl Statoinenl
mulll be forwcwdod wltllln 24 houre after recordallon.
CHE!CICNwme TO 'l11E TITLE COMPANY
-CHARGE TO Si!U.ER
.
a..,ow l>iabllmlm""• (l'undlnll)
RE.:IP2
(070103)
-
By;-,--:,-:--------:,--=-------LENDER'S DISBURSEMBNT ORDER
NCMC
I
CHECKM1IRe: ..$_ _ _ _2_1_6.;..,2_0_0_.J_s_,!
Plls,,lofl
AUTHORIZED SIGNATURE
SPS LARSON 0004
ExhibitC
Page4 of23
Page 3173
10/06/2006 11:53 FAX
FIRST PACIFIC MORT6AG""'
fl~
NEW CENTURY
6JI!'
Wf-lOLESAL.E.
DOCUMENT ORDER REQUES'l'
MO~TG/\CiF:COIU'ORA110N
;!;~~,g:~~~;~:~:~,:~~WcJr~n¾'li=~;;n f:r(9~'t1ri~9pt
-- .....
··-.. ---0
11\e bo~rn ~nt1
8Qnow.er Nnmo. it.tf!!l~tsB.!.be6t1R§11JP.0Nc,__ _ _ _ ,._..,,.. _ _ LoanAn\Ount.
SuDJt.•~ AddrQ,001
l..11UA.lm.J:t..gljl:yg N's
lia 1st
Propc,ty Typu:
raw btacic to ycvr
.l.!!9...QDA~..........
2:l21::5VR ID
"rol"JTI/Progtam:
•
•_
ow-Ocouplod? 13Yn l:INo
Purchastt
Sil Refl
rlJ Ve5 0 No
t] :!nd
la lhht o Combo?
~001/003
•
)!l>SF'I
O PVD
O Condo
O IJml•
Cl soc,ond Homo
lnvo1lmon1
J,;t:18~16..1\~\J;D MAN ;.,s !lQLE AN .yl>~AATe: PRO.B
_\Q :::J.e:::Q½
Sl~nlng 11nH>;
rY"\
•
VR$11119;
Slyn"w O•l••:
FlrolP""""•mOu~
~.::.\:--..QI,;,_~- E.Um~lodl'undln9Dolo••:
10 ·
(C • Q_(a_
l 'U.t1qui.-.i,c.l fc.t ~o.tiiclHJcm,
•·For PLttehQO Tr1Lnt:iie11ono lr1 V'fET •otttcunen1 &U.leB, u11a aetu«,l srgnlng duta 0:11 "'• 4>eltmamd fundlno
~.!?r-.. ~ ••. - - - - · · . , ........ • ..
.
:
....
J
PR~~T•
rIt!
_ _ _ _ .., ••
l'wtdtMQ
g~~:~1~::~~:'v,11,mi, ,.. to
~JO
!!M.
O
1:IJ.itafl°\dJ
10ll::!7ffl(alt.l'MJ0.M)Tfrt.l!d!MJ
I
O
1mc,1ciµnnt)',.et~.ita: Eiafl)l1a
IE!.~~•~
E:; ~~~-; ~~~
_!_'l~ V!'1do·
•
t:l4f11'10Pfl<adBslNOI\
:r'M~
.
l.ndt OlQco\.Jn\
•
•
,v~ar
iZ
~Vear.
ClSYoOIII
Por;_)d~tmct tJ'NCl!NGultfnllr>&sCap I
Tl&KOB' Orir)'
O ln:i.ur.ancc, ~
_ _j
Faea ta 3N Pwty or Poe
~
ApprolsolPOC
.
!.J2..~.
Or
_.,_% ~ - - -
•
PeldloAppmJg,or
0,1a. Porm,:
Y5PtH6 bmo}: _!!8-f.!..% _$'-----1
$
App,olG~ Nwnu: _ _ _ _~
DarPnifJPllO
J .. - ..~.R.JIJ>-1------J.. ... _.
• Co:dltRapo,tPOC . . i . - - - l
Tnx SUIVIOl'fl!IC'
,J,_ .
,00 ~PdJ!perod(A(1.s1Cy...!__, ___ .
Urtc.knwri~ng ~••
Proe5Hlt,p Foe•;
Ooc:.Pc-epFl:I~•;
=9«.~Q~r•:
credllR"1l(N1-:
ApriUcalibl"I FoofNJai,J;
1
Cl Nonr.
rn\Onulftow...L.§2L
O lnrruttfl'IC'O o~_IY_ _ _l;I
-·----· . -------~.Dll.
PR~;:,•
50<:?.
0 VQ!I. ts(No
lJ11d01wrttS11SJ r-e-oi
PruOOt-fJtn~ f=OG
lJli•H~::-:H
:ltlYrFlllOOWSth4Y111e1rlO&oalUllll
'dvenO·;;;-~..,. OR ~ ,
Fo111110 MCMO
Points:
Yr6 Ito
O~odlllita___,rti
-'---+------ - - - - - - - 1
J ____
(ln~flcNtlJI
Othcu"· - - - - - - " ' - - - - - - I
O\ho~ ________
s_ . . --~ O t h e r - : - - - - - - · - • - - .. _
C,ot'l"panVt-.:ame:
,---·-· .. .. ...
J..Qlu~ Q1.~,..~0-~..
1
H•REAtlV
..... ,____ ,.::::=.:::::::::.:.:.::::::::::::::::::::-:'.
flqR. t:Jg~~•------------
L~l!!!?;l;CondlllOnp• "'WILi.. Move LOI=: PTF IF"vau Ne®,....
Qe:::,
1.i/i?..% . • 1 ( < t Y ! ! ! l . ~ - - - - - - - - - - - - • - - - - - - - - - - - - - · · · · ,
j__ ·
• Nu commonro: --·
11J.·?e:...~------C!l1tn!!ile.
mCl-1:n,,,r:;,,
Bl'Olctt,Nam:;'(P,hatod)
thlsOaC\lme/llDr<Jerrrn>1cnyoorUnderwrllln9A~proyeJ?~
f
----·-·-
;,tv,v
.
"o.,7'i-
••· ..
·-·--···J
lB
u ..·
lo - ~
SPS LARSON 0005
Exhibit C
Page 5 of23
Page 3174
.
-
-
-..
G09D FAITH ESTIMATE - ITEMIZATION
Lender:
Date:
New CentuJy MortgQge Corporation.
11235 SE 6th St, Ste 200
Bellevue, WA 98004
Borrower: Christopher E Larson
October 06 , 2006
Loiin Number:
Property:
11914167th DRIVE NE
Arllngton, WA 98233
The lnfom,etlon provided below reflecte charges which you are likely to Incur at the settlement of your loan. The fees
listed ere estimates - the aclt.lol charges may be more or less. Your transaction may not lnvotve a fee for every Item
listed. The numbers listed beside the estlmafes generally correspond to the numbered lines oontained In the HU0-1 or
HUD-1A settlement statement which you will be receiving at settlement. The HUD-1 or HUD-1A setUement statement
wlll show you the actual cost for Items paid at settlement
D
D
Prall~lnary Estimate
Salas Price: $ 272,500.00.
Re erence
Number
801
803
816
820
822
826
827
1101
1116
Gil Final Disclosure
Redlsclosure
Loan Amount: $ 218,000.00
Index:
5.460
Margin:
6.050
ITEMIZATION OF PREPAID FINANCED CHARGES
Items Payable in Connection with Loan
Loan Origination Fee
Appraisal Fee
Flocd Certification Fee
Processing Fee
Tax Service Fee
Underwrltlng Fee
Processing Fee
Settlement or Closing Fee
Msssenger Fee
POC
Broker
Broker
Lender
Lender
Lender
Lender
Broker
Escrow
Escrow
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
3,270.00
525.00
11.20
399.00
78.00
. 399.00
696.00
842.50
75.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
901
Prepaid Interest ( 19
days) at
,7.276 % per annum
Lender
$
825.55
$
Total Prepaid Finance Charges
$
8,820.25
Dalo
Date
Date
Dato
Delo
NCMC
Good fbilb l!slima.a:tJtcmizodcm ofAmo\lntJ'i'nanccd
lU!.214 (102202)
-
SPS LARSON 0006
ExhibitC
Page 6 of23
Page 3175
I
GOCT- I H ESTIMATE - ITEMI-ON
Lender:
Date: October 6, 2006
Loan Number:
New Century Mortgage Corporation
Reference
Number
ITEMIZATlON OF AMOUNT FINANCED
903
904
Items Required by Lender
Mortgage Insurance Premium
Hazard Insurance Premium
Flood Insurance Premium
1108
Title Charges
TIUe Insurance
1201
Government Recording and Transfer
Recording Fees
900
902
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
658.20
110.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Amount paid to others on your behalf
Amount paid on your account (Reserves)
Amount·91ven lo.you dlrectly
·
$
Total Amount Anancad
Total Prepaid Finance Charges
Loan Amount
$
$
$
768.20
$
$
210411.55
211,179.75
6,820.25
218,000.00
~:i=:~~\.1~~ar:::.1~ir1e~=~lo~f. ~~flyb~:-::~i~::::~:h1d:::a=tt=:!'t~oo~LY~~°t~~'!~d~:; :~ ;:;:-;,~~~:1a~~tt:~:~
,:t,org..,, at doat
subject to ~ "
Furthe,, I fully undarstand lhot the loan orl_gl,....tlon fee. Interest role, term end monthly payment en, bused on my epplloaUon end mey be
rtor ID ofoea_. II: for
y reason, lhe loon for which I have oppn<?d doAs not close. I agree ID reimburse tho Lender for any end ell ~ats
E.
Date
Date
Date
Delo
Dalo
Date.
NCMC
Oood. Paith J?stima.t.onum):r.adoD ofAmo\11\& Financed.
RB-214
(10220:I)
SPS LARSON 0007
ExhibitC
Page 7 of23
Page 3176
10/06/2008 11,20 FAX
oa,•••·.
.
.
FIRU PACIFIC MORT;;,• • • .
iJ 001/002
.1-
w-~ms; ·
·- ·
m,.R11oucY ..........................................s
RECOllOU"IO. ............................................!\
· ''
$$~ ?:O
1tD. wJ), c.':,f'·
.
- '
IUJCONV£1YANC:B...................................... 5._ _ __
~ R•••• ..••.... ,,,,,, •• ~,, ..............................$....___ __
IISCllOWJIE"§S;
•a.osJNG1serrLBMSNrm......................s.AS lf ~-·~D
4 JtSAL l?STA'l'B CLOSlNO FJ38 ......................s~----..wms '.F61?-.. •.•.• ........ ................... ....... ...s
$= s4.;ts"
•coU1UEnm>a>IU!SSb4All.FES ....................
ttoOC SlONJNO !i8l!. ....................,...... ....... .S.__~---
~13-MAU..FEB .............................................S_ _ _ __
•C:-Jtl!CK PPJNTINO 'FSl!.. ............................S ' - - - - - \
j\ll.·•~
C
OTHE~i.4\-.!..,::,~ ..().l~(..\:?.,.._. .......s
10
04,i \')( {'
Alb
pttt-1 "()
onma...................................................s_____
SPS LARSON 0008
ExhibitC
Page 8 of23
Page 3177
41:
FEDERAL TRUTH-IN-LENDING DISCLOSURE STATEMENT
Fol" use with AdJusmblo Rate Mortg11gc Lollns
ll~ NEW CENTURY
~
MO.R.TGAGE'COIU'O~TION
Date: Oetqbar oe , 200s
-
Loan#
Borrower{s): Christopher e. Larson
Property 11914167th DRIVE NE
LocaJlon:
Arltngtqn, WA 98233
ANNUAL
PERCENTAGE RATE
FINANCE
CHARG,il
Tl&o oostotyow
orcdit os a yos,ly
rato.
'Tho dollar amount
d10 credit will eoat
you.
10.758%
$
0
:
No. of raymonm
Total of
Payments
Tho omow>I of orcdlt
provided to )'0\1 or an
your bahalf•.
TIie, omo1tntyou will
havo l"'id afler you
have DUdO all
$ 211.179.76
567.293.92
D
J>relirnioary
Your payment $chedule will be:
Amount
Financc,d
au
R~fsclosure
.. _......_
$
$
edA
~
768 473,67
Pinal
Wbcn Paym.Cl1ft aro J)lao
Auiow11cfra)'mcn11 :•
$
24
• payment• u aohcduled.
....~,,...
a-.
•
,m ,m
ll •::'P A ...
>A
• naa ., ..
JQQ
•
.....
•MA G4
'l ')n? 7A
"~
111umi
nL.1
m1im1·
I
I
D
This obligation has a demand feature.
Tltls la a variable-rate Loan, Disclosures were provided to you earlier.
Filing Fees$ 110.00
No;.•Filing lnsuronc1> $ NIA
Security: You iuu giving a security interest in the property located at
[iJ :1:18:J~ :IBZib DBlllE blE AdlDetaD WA 88233
Late Charge: If payment is 15 days late, YoU \\'ill be charged
Pl"epaymonl: If you pay off early, you
egmay
,may
OwUlnot
[x)wlll not
5.000% of1be payment.
have to pay a penalty.
be entitled lo a rcfbnd ofpartoftbe finance chorgc.
Assumption: Someone buying your home
~
cannot ussumc the remainder of1he mortgage on the original tonns,
.
may, subject to conditions, be allowed lo assume the remainder of the mortgage on the.original tenns.
See your eon1ract documents fur any additional infbrmation about nonpayment, default, any required repayment in full before
the, scheduled date, u.nd prepayment refunds ond penalties.
e menus an esdm:tte
PROPERTY INSURANCE: [Kl Property hHzard ins-uranoo to rcplaoe the cost of improvements with a loss payab1o clause to
the lender Is a required condition of this.Joan. Borrower may purchase this insurance from any company acceptable to tbe
lender. Hazard btsumnce D is 0() is not nvoilable through the lender at an estimated cost of
NIA
for a
N/A
year term,
Dato
Dotu
,.,. NOTB: Poymcmts shown 11bove do not include de~slts fur toxca, assessments, and property or flood insurancD.
:NCMC
Trulb In Le11dins- ARM
Rll-274
(052400)
Pll!l"lor2
-
SPS LARSON 0009
ExhibitC
Page 9 of23
Page 3178
-
-
•
DEFINITION Of' TRUTH-IN-LENDING TERMS
ANNUAL PERCENTAGE RATE
This ls not the Note rate for which the bo?TOWer llpplied. The Annual Percentage Rate (APR.) ls the cost of the loan In
percentage terms taking into account various loan chiirges of which Interest ts only ono such charge. Other c:hllrges which arc
used In calculntlon of the Annual Percentage Rate are Private Mortgage Insurance or FHA Mortgage Insurance Premium (when
applicable) and Prepaid Finance Charges {loan discount, origination fees, prepaid Interest and otber credit costs). The APR is
calculated by sprellding these charges over the life of the loan which results in a rate generally hlg)ier Chan !he Interest mte
Shown on your Mortgage/Deed of Trust Note. If Interest wllS the only Finance Charge, then !be interest rate and the Aruu,el
Percentage Rate would be Cbe same •.
PREPAID FINANCE CH.t\RGES
Prepaid Finance Charges are cenaln charnes made in connection with the loan and which must be paid up011 Ibo close of the
Joan. These charges are defined by the Federal Reserve Board in Regulation Zand the cbw:gcs 1JD1sl be paid by the borrower.
Non-Inclusive examples of such charges ore: Loan originution fee, "PoiJits" or Discount, Private Mortgage Insurance or PHA
Mortgage Insurance, Tax Servico Fee. Some loan cherges are specifically excluded from the Prepaid Finance Charge such as
apPralsal fees and credit report fees.
Prepaid P-mance Charges are totaled and then subtracted from Ute Loan Aruount (the face amount of the Deed of Trust/Mortgage
Note). Tho net flguri, is the Amount Financed ~s explained below.
FINANCE CHARGE
'Ibe amount of Interest, prepaid finance charge and certain insutllDCe premlW'IIS (If any) which tho borrower will be expected 10
pay over the life of the loan.
·
AMQUNT FINANCED
The Amount Financed is the Joan amount applied for. Jess the prepnid finance cbnrges. Prepaid fioWlCC chnrgcs can be found on
the Good Faith Bstimate/5eltlcment Statement (HUD-1 or lA). For example If the borrower's note IS for $100,000 and me
Prepaid Finance Charges total SS,000, the Amount Financed wouJd·be $95,000. The Amount Financed is the figure on which
the Annual Percentage Rote is based.
TOTAL OF' PAYMENTS
This figure represents the total of all paymen!S made toward principal, Interest and mortgage insurance (It aIJPl.lcable).
PAYMENT SCHEDULE
The dollnr figures In the Payment Schedule represent principal, interest, plus Private Mortgage Insurance (If applicable). These
figures will not reflect taxes and insurance escrows or nny tcmwmry buydown payments contributed by the seller.
PREPAYMENT PENALTY
Tho prepayment section of your Truth In Lending disclosure statement will show if your loan "may.. or "wlll:
nor• have a prepayment penalty. A prepayment penalty Is a charge that Is added to the payoff amount If a loan
is voluntarily paid In full prior to the expiration ,of the prepayment penalty tonn. Your lender offers loans with or
without prep~nt penalties. Plsaso discuss the options with your low-, officer and road your olosing
doa.iments carefully 1D meke sum you understand tho torms of your loan.
~ - 7 0 8 (0412).1)1
Ptee2 cf a
SPS LARSON 0010
ExhibitC
Page 10of23
Page 3179
-Letter to Closing Agent
10/06/06
Re:
Christopher E Larson
11914167th DRIVE NE
Arlington, WA 98233
A'ITENTION:TRUDY J. CRAIN
LOANNO:
IMPORTANT:
.
You arc not authorized to request loan fun& until all escrow conditions and amendments thereto have bean
satisfied or waived with Lender's prior knowledge, Our loan 1\mds are to be disbursed within 24 hours
receipt by the designated closing agent,
We will consider any request for loan funds to be an assurance by you that eserow is prepared to conclude
this transaction within 24 hours assuming good· funds are promptly transmitted by wire. Failure to adhere to
this instruction may othenvise render you accountable for payment of interest on loan funds at the Note rate.
IN ADDITION, you ara hereby notified that Ba11kers Trust Company, as ngent for certain lenders and a
certain lessor (in suol1 capacity, the "A.gent'!) has a security interest in the deed of trust or mortgage note, the
deed of trust or mortgage, and all other supporting documents for the above referenced 101111. Unless th.:
Agent otherwise instructs you, (i) if the mortgage loan is not funded within (1) business day after your
receipt of funds fi'om the Agent, said fonds are to be returned by you to: Bankers Trust C.Ompany, New
York, NY, ABA No. 021001033, Account No. 01419663, Re:New Century 11J1d (ii) all loan documents are to
be retumed
the second business day after settlement.
Date
NCMC
Letter ID Closing Agent lo go with DOC!
RB-280 (OSI 602)
Poge I ofl
SPS LARSON 0011
ExhibitC
Page 11 of23
Page 3180
New Century Mortgage Corporailt_
18400 Von Karman, Ste 1000
Irvine, CA 92612
WIRE -,QUEST FORM
Wholesale
BORROWER NAME:
DATE: October11, 2006
Christopher E Larson
------------
WIRE AMOUNT: 216,200.35
INTERMEDIARY BANK INFORMATION:
NAME:
--------------
ADDRESS: _ _ _ _ _ _ _ _ _ _ _ __
-----LOAN NUMBER:
Product- Combo
ABA#
BENEFICIARY'S BANK INFORMATION:
NAME: KEYBKWASHTAC
ADDRESS:
------------------------SEATTLE, WA
ABA#
125000574
B; NE FI CIARY INFOR~ATION:
NAME: FIRST AMERICAN TITLE
ACCT. NO. AT BENEACIARY'S BANK:4.:.;7:.;;9.:.;68:..:1.:.;08:..:4.:.;54.:.:5;___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
O~DER NO: 4228-911672-TC
FURTHER CREDIT INFORMATION:
Larson Loan
Funder Name:
HU0-1 Impound Certification
Jaml5on Johnson
Funder Signature:
Funding Authorization Number
898735
Printed by: Jamlso n Johnson
Printed on: 10/11/200812:19:48 PM
NCMC
Wire Requc:st Form
RB-293
(121302)
Page I on
SPS LARSON 0012
ExhibitC
Page 12 of23
Page 3181
Oct-11-2006
08:06 AM
5/7
. a t AmericQn Title
0MB Anmoval No, 2602-02GU
a. Type of Loan
A, Sallfamunf !>1otnmont
1-~- Loonl}'PO
First Amerfoaa Title Insurance Company
Estimated Statement
6,
Fllo flurnber 4228-911872
1.
Loa~ Nom~ur
8,
Mortg11ao lnsuranca C.>6e Numbor
c.
Nofo: n1,ronn(s t\lmbhedto Elw you ciGUlkln-ootd octll~ c;0111cmot1tC0tU;. Am:iwllll P~d lo1U1d by Iha &a111°montog1!11lff'Oehown. llem:i m0t1<.od•(Pocrworo pmd ou1gfdo1W:.eSoi1no: lhaya101h0Wn
hare ror lnfi:Jmiatlanel purpoacii. Md are notlf)9!udcdl11 the totm,
D.
Name of BoRowor: Cbr1stopller E. Lnrson
325 North Dunham Avenue, Adlnoton, WA aszza
e.
Nome of 6ollet: Tyson K, Buohncll, Atl~IR M. Bushnell
11914187th Drive
AJ!ington, WA 98223
F.
Name or Lendor; Newcuntu,y Mortgago Corpornllon
ms
'
11235 SE 6th Ststo 200
Bcllowe, WA 98004
13.
Pro pony Locllllon: 11814187th Drivo Nil, Arlington, WA 98228
"·
Bet11omontA9011t: !'Itel Amorioan Tille lne11mnce Company
Address; 2oz I! Burk& st, Atllngtoti, WA 90223
\l\l\\\\\\\\\\\\\\\\\\M\~\U\\1\1\\\\\
-
l!HUP
~
,.
Estlmalod SeUlomont Dole: 10/11/2008
Placo of Suttlemont Address: 202 E Burko St, At1h19to11, WA 98223
PrlntDato: 10J09J200B1 4113 PM
Dlobu1>e1n011I Date:
101. Oonlmot Sales Prloo
K. Summ•IY of Selle(s Transaction
400. Grocs Amount Due To S011or
401, Oonlraol Sales Prtce
102. P(:ruonof Proparty
402, Pcraonal Prcperty
103, SolUementc:llo'llCO to bormwoqllno 1400)
403. TCla.l Oepoiiltd
J. Summary ul Borrower's Trann;,cUon
100. Gross Amount Due-Fl'Qm Borrower
272,500.00
104,
404.
105.
AdJU~t.mcnlt for Items 11:dn by a,:ucrin ud1uinc0
405.
108, Cl\)'llov111 ti,08
107, COUO\Y raxe•
108, A.,:senrnent~
~06. Clly/lown lllxao
40'/, coun1ytaxo• '"' 11061x>Ol/011117@'12-'99AQl)'r
Adjustment• for Items poid by sellerfn •••once
539.0a
408. Assassllll!Ilfa
409. Associallon Duns 10/11/05 to 05131/[email protected],OO/yr
410.
109.
110.
111.
112.
411.
113.
114.
111.26
412,
115.
413.
414.
415,
120, Gross Amount Uuo Fru1n Borrower
420. Groi,u Amount Due To Sotror
200. AmounhJ Puld By Or In Bebolfaf Barl"QW.Or
500. llcduc1fons In AmOtJnt ouo10 ae11or
601. Excas. doposll (800 IIISl/tlOlloll$l
WZ, Soltlcmontcho<o•• (Una 1~00)
60a. EAioUng roan(o) \liken aubjecl lo
5-04. •royo1tolflmrncrtg1111e1oan-C1flmo1t9ag0Attn: PcyoIT
606, Payorr Of &econd motliJagC loan • Amen ran Gonora1 Fln1mco
506. Oloslng cost crecm rromoel\er
607, aam oat Mon or Hold By; Wu1de1TTicra Rem E•t•lo
201. UoJJ01>lloreE1mestrnoney
20~'- Princlµol arnount of ilaw loanl'H
203. ExMing loon(s) f.tlken uubjact
204.
205.
206.
207,
2715,160.27
21,8~6.10
191,518.54
19,7D2,38
9,500.00
500.00
5DH,
200.
?.O~.
Adj u$1Cnenl9 for Item• unpold by uoller
ll1V. Oll)'Rown !OX••
6()9,
Adjustments 1or items unpeid bysol!or
010. Cll)'llown laxes
611. Coun\y1oxos
612. As:iassmenls
211'.. Counlyt.oxwi
?.12, Ass..smonl:J
615.
514.
21~.
214,
215,
?.16,
615.
516.
a1r.
?.10.
518,
,m.
219,
2:{0, ·1 otal Pt11d By/ForBorrowor
519.
300. Cash AtSeUlamout rromrro eo,rownr
301. 610:n, :amount duD from Borrower (Une 12.0)
302, Lass amounls paid by/!or Borrower {Uno ;(;(VJ
I
801). Ca5h At SelUamont TolFrom 6olfar
601. BrOSHMOU"t due lo Soll or Olnc 420)
802. Lesstod\lctlone ln~mounls duo t_o S11U11r(llno 520)
303,
I
80'.l, coah (X To)( From) cii]rer
620. lotnl Roduotlon Amount ouoa~ lor
243,047.10
I
l
I
27ZS,15D.27
24'5,047.'TO
<I0,'10.S.'17
Toe HUD·1 SelUament Swlement which I have prepared 16 a true and accurate acwunl of this iranoaoUon. I Mve cause cl or will cause the fund$ to be
disbursed In aocordance wllh lhis stalemant.
Settlement ARent
Dale:
, ...
• RN1~1mn1Arnnnl:ilP n~fl\ftlPfalli:
PAGE 5f7 • RCVD AT 10/11/20069:08:10 AM [Pacific Dayll9ht Time)' SVR:RF-BOARD-03/5' DNIS:6750' CSID:360 3864001
'DURATION [mm-ss):02-14
SPS LARSON 0.013
Exhibit C
Page 13 of23
Page 3182
Oct-11-2006
08:06 AM
erat
Americon Title
6/7
FIie Na. 4228-911872
L SatJ.ll)ment Oho1noa
700. Total Sale&IBrokcr's Commission ha,od on price $272,[email protected]\li u so.DD
D[vllJ/on olOommTsolon Qlno 70or.. foU01110
101. $8,176.00 to John I.. ScollReal Eolalo
102.
703.
04.
;w,u17.001ow1ndor,rn,1eRea1 EOIDID
old o 8• ue,nen
Paid From
Borrowur-s
Palt1Fto1n
8olfor's
Punda ut
SeWDmiJnt
~unds ot
Sottto,nent
14A87.SO
ool F_.late)
Om• nems PavahT~Jn Connooliun with r.onn
001. Loon Otlglnnuon Foe
802. Loan Dis coun1
ew.
Aooratsol Fae
804. Cmtflt Ropo,t
005.
um\1ofo IOSD<1ctlon Fee
ooo. Mortaooe 1nsuJ11nco Applle;IOOn Prsm~m
007. Aesumnnnn 1-90
808.
aw.
810,
811,
812.
613,
ti,4,
Supplornental suIrvn~ry
ODO, Hems Raqulred Ill/ Lem:rorto be Palt:J n Advance
901. lnleresl
802.
803. Ha:7;ud lncuranou Premium for
004.
905.
S~ppl9menlol S~nu11y
100tJ, RQllDNCS Doi,oeltod with t..ondor
1001. HaZdrd IMurance
1002. Mortrmaolnsum.nco
1003. Clly Prapeny TSX8"
1004, cuunty PropartyTuxc.a
1005. Ann~I i!SSessmonls
1006.
1001.
1Wli. AD8teQOlOA000lln\1nn At111Js,1'Mlll
1100. Titlu Chilracs
1101. SellJGJnenl orcfo$!ng lee-Fl1>1AmertG<Jn 1111:l 1n,u1encocomponv 11,000.00 Sli10$TOX! $OG.QU
542,50
1102. ~actcrUlloooorch
1103, Tltleexamlnotkln
mu,
ilUa lns:urnnco Blnd1Jr
1105. Oocument Fee
1106. Nolary Ftle
1107, Attomay Fee
(incluelr.s abo11u ilt:!m numbelll!)
110B. TIiie 1MUl'iU1"'-Scc :nlJ)pk:fm:ntoJ page fcrbrci,ftdown Gf incfMduel fee! ond peyccs
1109.
821,02
loud•••-··
11 o. OWnetsco\le
1111. Messonger/C
P1omtvm:$76G-00$010$ToX!~.02
-PlmtAm,:n1c;u1 TrtJq ma.1ronca car11panv'5u.oosarosT;oo S4.2o
1112,
1113,
n14.
'115,
1118.
1117,
1200.
1201.
1202.
1203.
12(M.
1205.
1200.
1300,
G0\lllrlJPlOnt nocord DR and TransforCIUlrJJ0D
Reoordlng feas:
"Cityloounlv tw</slemps: Deed S4a50.6D MMg;,gD io.oo
SfEte lnX/slemp::1;
tREET1 EJectronJcTechnologyFea~SnohDmi!h CountyTreesuror
'1,860.50
5.00
AddfUon.11 Setll2montOl1.1rges
loNorthWlit.tPostCroatngOel\\(lr
sspUD Service
Snrtngs Communfly
cui
~26.0D
'nhl'NI
~OD.25
(150,16
1~06.
13U7.
-
13116.
1s·10.
1,.
,.,..
1512.
1314,
tiUPJ!llliRDnta SUhtrmny
21,S:ZG.~8
1400. TotQf SotllomenlCharsee (enter on llneo 10s. eeoUon J and CO2, seouon K)
PAGE 617 • RCVD AT 1011112006 9:08: 10 AM [Pacific DayllghtTlmeJ' S\IR:RF-BOARD-0315' DNIS:6750 1 CSID:360 386 4001
• DURATION [mm,ss):02-14
SPS LARSON 0014
Exhibit C
Page 14 of23
Page 3183
Oct-11-2006
41fot
08:07 AM
American Title
7/7
FIie No.
Supplomontal P1190
4228-911872
HUD-1 settlement Swtement
First American Title Insurance Company
Loan No.
Estimated statement
Sefflsntcnt Dalo:
Borrower Name & Address: Christopher E. Lamon
325 North Dunha,nAvonue,Arllngron, WA98223
Seller Noma & Address: Ty$on K. Bu&lmell, AIJsta M. Bushnell
111114167th Orlvo NI! Arlington, WA 9B223
Paid From
Pal~Frcm
Sectlen L. Se.1trementCharge9 c::on11nued
Sellefs
BorroWQr',i
fund811t
.9
r-unde11t
SelUomont
f&mtint
821.02
4 B50.50
section K. Summant of&eUer"s Tmnonclion oontlnuM
Sblier Chnmas
-400. Gro&B Amount UueTo souor
SellerCrudrls
!JOO. RetfucOon, lnA1nount Dua to Seller
504.
1B1,B1B,54
SuppJomcnllll Summary
D)PrlnclpalB.,.,...
°C11imof1DBlleALln: l'IIYoUDcpL
185,076.29
lnlllteaton Payoff Loan 00/01/06 to 11/0'l/06@$0.0UOOOO/dRt
5,012-'!B
1.11\DCh:ngo
E'.ucrow uverdmft
Ft1AP10m!Um
1G1,4o
t,79.87
226,44
:i.oa
Fex/Stalcmcnt Fee
ueilnquency EIQl011S8i
27.00
Tho followin11 6oellon I• ro~tatotl from tho Soltlomont Statomcnt Pago 1
tiOO. cooh AtSewemont TotFron, Solfor
auv. Cn•hAtSoLU.m•m FromJNPorrower
301, Orcu:.s ilmount duo trorn Sorrower tnne 120)
C01- Groes Amount due~ Saller (lrna 420)
I
I
302. Liess umo1.1nts pnl~ i,ymJr eortovwt (Une2ZO)
603. Casn V\ 'l'o) • from •QtJner
I
3Da.
I
~01. Los-s reductlonc In timoun(& duo to 6oller(lln& 520)
I
I
275,11i0.27
245,047.10
a:U,10t:P."J7
l hove carofuUy rovlowod tl1e hUD,1 SeUlomont Stotomanta.nd to U10 bm.l of my knowtlHfgo and t:n1Jlof, HIs a truo and accurate eLalcmantof all rocolpt.1 and
tH;liil>utlons. rnadll on my acc:puntorbyma ln thts transftcllan. Ifruthurctrtffy thnt t hewe rooolv11Jd a oopy of tho HUD-1 SelUent1ml St!tcment
SELLER(S):
.x::..
Tyson K.
c;::::?/z;e
Bushnell
~
f1h· s:i·,L u. 13JliJJtua1tJJ
Alisia M. Bushnell
/
.. -.
Flrst~rlcan TIiie insurance Comp.:m:)<.
By .
j ./ A,-..,1
lrudy-.J,.Jaali?" .r
=;i
J
.....__/
\
PAGE 7f7 ARCVD AT 1011112006 9:08:10 AM [Pacmc Da~l9ht Time]' SVR:RF,BOARD-0315 1DNIS:6750 • CSID:360 3864001
'DURATION (mm,ss):02•14
SPS LARSON 0015
Exhibit C
Page 15 of23
Page 3184
'
tAAonroval No, 2502-0266
·i:
B. Type of Loan
1-5. loen Type Conv. Unlns.
A. Settlement Statement
First American Title Insurance Company
'5,
Estimated Statement
Filo Number 4228-911672
7.
Loan Number 1009912794
B,
Mortgoge Insurance Caso Number
Noto: Thls form Is fumls.Jled to g/vo you a st.atemenl or ecluol sotUcment costs. Amounts pal~ lo ond by tha GO\lfcmant agent aro shown, Itome ma1ked •(POC)" WfW'8 pold ouh;lda Ihle cl<>&IO{I; they 3r9 shown
C.
here for 111ro1matlona1 purposoa end are not lnt:luded In tho totals.
o.
Name of Borrower: Christopher E. Larson
325 North .Dunham Avenue, Arlington, WA 98223
E.
Namo of Seller: Tyson K, Bu•hnell, Allsla M. Bushnell
11914167th Drive NE Arlington, WA 96223
F.
Namo of Lender: New Century Mortgage Corporation
11235 SE 6th St Ste 200
Bellevue, WA 98004
G.
Property Location: 11914167th Drive NE, Arlington, WA 98223
H.
Settlement Agent: First American TIUe Insurance Company
Address: 202 E Burke St, Arlington, WA 98223
;
I.
E&tlmated Sc!ttlement Date: 10/11/2006
Place of Settlemont Address: 202 E Burke St, Arlington, WA 98223
Print Date: 10/09/2006,4:13 PM
DlsburGoment Dato:
J. Summ;uy of Borrowor's Trnnsacllon
1(10. Gross Amount Dua From Borrower
101. Conlracl Sates Pllee
K. Summary or Snllor's Transaction
400, Gross Amount Dm, To Sollor
272,500.00
103. Selllement charges lo bonower (line 1400)
401. Contract Sates Price
402. Personal Proporty
102. Personal Property
7,910.60
1103, Tolel Deposits
104.
404.
105.
405.
AdJu&tments for Items paid by eeller In advance
'""AdJuutments for Items paJd by seller In advanco
106. Clty/lown taxes
107. County taxes 10/11/06 lo 01/01/07 @$2399.40/yr
406. City/lown taxes
539.04
108. Assessments
109. Assocledon Dues 10/11/061005/31/07 @$175.00/yr
110.
111.23
111.
112.
113.
114.
115.
120. Grosa Amount Due From Borrower
415.
281,060.87
200, Amounts Paid By Or In Behalf of Borrower
201. Deposit or eamesl money
202. Plinclpal amount of new loon(s)
203. Existing loan(s) taken subject
204. Closing Cost Cred!l lrom seller
205, Funds rrom 2nd from New Century Mortgage CorporaUon
407. County taxes
408. Assessments
409.
410.
411.
412,
413.
414.
4ZO. G roes Amount Due To Seller
500. Reductions In Amount Due to Seller
500.00
218,000.00
9,500.00
53,092.23
501. Excess deposll (soe 1ne1ructions)
502. Sott1ernent charges (line 1400)
503. Existing loan(s) laken subject
504. Peyotfofflrslmortgage loan
505. Payoftofsor.ond n,ortgoge loan
209,
606.
507.
508.
509.
Adju&tmonts for Items unpaid by &Oller
Adjustmanb; for Items unpaid by solh:r
210. Clty/lown laxes
211. County taxes
510. City/lawn taxes
511. County taxes
212. Assessments
512. Assessments
213.
21~.
513
514.
215.
216.
217.
218.
219,
515.
516.
617.
516.
519.
206,
207.
208.
220~ Total J'aid ByJFor Borrower
300. Cash At Settlement From/To Borrower
301~ Gross amount duo from 801rower (lino 120)
~02. Loss :unounl& paid byifor Borrov.ror (line V.O)
303. Cash ( From) (X To) Oorrower
281,082.23
520. Total Reduction Amount Duo Seller
600. Cash At Settlemunt To/From Saller
2B1,OGO.87
281,Of.12.2:S
31.38
601. Grose amount duo 10 Seller (line 420)
I
602. Le:ss roductlon& In amounts due to Soller (llne 520)
I
603.
I
The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be
disbursed In accordance with this statement.
Date:
SettlementAQent:
SPS LARSON 0016
Exhibit C
Page 16 of23
Page 3185
• see Supplemental Page for details.
L. Settlement Chernes
700. Total Sates/Broker's Commission bssod on prtco
-Division of Commission (line 700) es follows
••
,
FIie No. 4228-911672
Paid From
Paid From
Sotuement
Settlemont
Dorrowor's
r-unde et
701.
Solter's
Fundoal
702.
703. Commission paid at Set1Jement
704.
800. ltoms Pavablo In Connection with Loan
601. Loan Orioination Fee
002, Loan OJscount
u03. Appralsat Foe - Heartland Appraisal SeNk:os
525.00
804. Credit Report
805. Lende(s Inspection Fee
l = c o Application Pramoum
•
• Now Century Mortgage CorporaUOn
399.00
399.00
.11.20
78.00
505.00
3,270.00
809. Processing Fee • New Century Mortgage Corpomtion
810.
811.
812.
813.
Flood Oelermlnalion Fee-New Cenlury Mortgage ColJ)Orat1on
Tax Service Conlmct - New Contury Morti}age Corpora lion
Processing tea. Flral Pacmc Mortgage
Loan Fee- Firat Pacific Mortgage
814.
Supplemental summt1ry
900, Items Reauired bv Lander to bo Paid In Advanoe
901. Interest 10/11/08 to 11/01/06 @$43.450000/day - Now century W,orlgage Colporatlon
902.
..
912.45
256.00
903, Har-ard lnsur:ance Premium for to First amer1can Caselty
904.
905.
Supplemental Summary
1000, Rcsorvos Dopo<od with lender
1001.
1002.
1003.
10U4,
Hazaill Insurance
Mol1gage Insurance
Clly Property Taxes
Counl)' Property Taxes
1005. Annual assessments
1008.
1007.
1008.
1100.
1101.
1102.
:
Aggrogale Acoounting Adjustment
TIiie Charaos
seltloment or closing foe-FlrslAmerlcan TIUe Insurance Company $1,000.00 Sales Tax: $85,00
Abslmct ar Ute search
542.50.
1103, Title examt~atton
1104. TIUe Insurance Btnder
1105. Ducument Fee
1106. Nolary Fee
1101. Attorney Fco
(Includes above Item numbers:)
· 1106. Title Insurance - See supplemenlal pago for breakdown of Individual fees and pe~e:os
Includes above Item numbers:
558.20
1109. lendefs coverage $216,000.00 Premium: $514.00 Sales Tax: $44.20
1110. O,,ne(s coverage $272,600.00
1111. Messenger/Courier Svc Handling~ First American noe Insurance Company $60.00 Salos Tax: $4.25
54.25
1112.
1113.
1114.
1115.
1118,
1117.
1200. Government Ro cord inn and Transfer CharAH
11u.oo
1201. "Rec:ordinA fees: uood $45.00 Mo~gage $65.00 Release $0.00
1202. Clly/county lax/stamps:
1203, Slate tax/slamos:
120<1.
1205.
1206.
1300, Additional scttlomant Chames
13<l1. SUl\'01' lo
13U2. Post Inspection lo
200.00
1303. iransrer Fee toRslr,bowSpr!ngs Community Club
1304.
13U5.
1306.
1307.
13U8.
1309.
1310.
1311.
1312.
1313,
1314.
Supplemental Summa{Y
1400. Total SotUemant Charges {enter on llnes 103, Sect1onJ and 502, Section K)
7,910.80
See Supplemental Pago for delell.,,
SPS LARSON 0017
Exhibit C
Page 17 of23
Page 3186
•
Supplemental Page
HUD-1 Sottlement statement
First American Title lnsur~nce Company
Estimated Statement
FIie No.
42:ZB-911672
111111
Settlement Date:
Borr0\\19r Namo & Addreaa: Christopher E. Larson
325 North Dunham Avenue, Arlington, WA 98223
Soller Name & Address: Tyson K. BushnoU, Alisia M. Bushnell
119141671h Drive NE Arlington, WA 98223
Paid From
llorrowe(s
See11on L SeHlamant Ch•fll"" conUnuad
558.20
HOB. 8uontomontol Sum•~••al ALTA 1992 EXT Lon,=•~Polla,- FbslAm•=-·n, Tllo lruiu""""' Cc,mmm,v•• $514.00:Sal.. Tax: S44.20
1201. Suppktmentcl Sum
1'10-00
el Jlaeo,n =ermntv Deed-First· Fl,ol Amellcan Tltla lnsumnoe C,=norr,
bl RecoJtl Dead of TN61·Fl111t • Flrt1lAmeri<:an TIie lnSWDnco Comoarr,
Paid fn,m
Sellu'a
Funds at
Sotttamont
Funds at
Settlom11nt
558.20
""·OD
65.00
I have o• rofully ,.vlowod tho HUD·1 Sotllomont Stotomont and to Iha bmotot my knowledge an~ belief, ill• a true a...i ooourata ototomontololl raoolpls and
dlntrlbutlono modo on my account or by mo In tbfs trant:actlon. I furffter GOrflfy thill I have rcicolvod a copy of th& HUD-1 sotttsmont statemenL
SPS LARSON 0018
ExhibitC
Page 18 of23
Page 3187
~
WHOLESALE FUNDING CONTROL
Borrower(s/
Christopher e l;aan1on
Date t-unde<I
Propay
_,A
Addross, City, Stale, Zip
...................... ,c ..,c
r-100 f _Owner Occupied j Non.owner Occupied
--"· IIYl
In
.
Loan Program
,~v,
I lnter9St Rate
Loan AliloUnl
_.,._ ..._ __ " "
:7
Broker: first Pacific: Mortgage
I
I
Matgln
~.,.I!
co tnc
.,,..n
~ • A n n , - n ..
%··············> Wt.II..
·11.··u._-_ _ _-1
%··············> ~-=-=~---~
%··············> i.=£..::3=27.:.0=.·=oo~--l
%··············> 3 270.00
LOAN UND•N<~ wu ..... 5 ... ..,..,,
Home ~
Branch 1--..,..------1
Broker "-.nn
Total
1.600
··-··· ----~·.,.
"''·--··--
na11s@
$
!an
A,.,.
I..-....
Review Appraisal Amt.
rAnn11
333313333 • Bellevue IBeglon 1Q)
A/E
lioda Ames
Branch# .,3..,3...,3"'3'--_ _ __._ Source# WhQ(esal@
APR 10.766
1st Pmt Date 12ID1/0§
P&I $1 ;,21 ea
Loan.status .Qocs Out
Risk AA•.
Census Tr. 0535 05
DEBIT
18,000.00
---• .. T
n ""
romc--•
43 4fi
-
LTV
t•"•n"
Branch
16821 SE McGH!i),ray Blvd #ZOZ
Loan Amount
Orialnallon Fee
Ratios
.,.,,.,..,
Ll)an PUIP()SO
, 41fft ..
f"ftftA
, ender
Lonner
Tax Service
Processlna
Aocraisal
Credit Reoort
Redraw
Dooument
Flood Search
Underwritlna Fee
"7D
nn
" " ' " ftft
Lender
Lender
"""'""'
\1\\1\~I\\\~
l'IIND
Funds Due Broker
lmnounds
CK#
Total lmoounds
,._!:\9Qre9ate Analysis Adiustment:
Net lmcounda
nn
nn
Jil.111.eml:JLe.dlL-. _ _ _ _ _ _ _ _ _ __
--- ---
Purchase ·Price:
Yield Premium:
TITI
'2.IC.
"nn
-
~ • U H ~ ~ ~ · lt.ll"'\~-
1\lll~r- Cl INn~ n.l
i\\\\\\\
- - - - ~r
IC
QTAJ PEBtTSf
1....-------'------.L..------d•!
APPROVED BY _ _ _ _ _ _ _ DATE _ _ _ __
Yield Premium: Amount:
FUNDER Jamison ,loboson
DATE _____
Yield Premium Check No.:
WIRE AMOUNT 218 2D0 35
TIiie
Name: FIRST AMERICAN TITLE
FUNDING FIGURES CALLEO OUT TO
Title Co Address: 2917 PACIFIC AVENUE Everett, WA 98201
Tille Co Phone Number: (425)322-2009
Co
Pogo I ofl
SPS LARSON 0019
ExhibitC
Page 19 of23
Page 3188
First.an Title In$uranco Company
202, E
_r,it
Arlington, WA 98223
Phn - (360)386-4000
Fax - (866)526-0612
WIRING INSTRUCTIONS
PAYABLE TO:
First American Title Insurance Company
BANK:
KEY BANK COMMERCIAL DIVISION
PO BOX90
SEATTLE, WA 98111-0090
ACCOUNT NO:
479681064545
ROLITTNG NUMBER:
125000574
PLEASE REFERENCE THE FOLLOWING:
CUSTOMER NAME:
CHRISTOPHER E. LARSON
FILE NUMBER:
4228-911672 (TC)
ATTENTION:
TRUDY J. CRAIN
PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American Title
Insurance Company . PLEASE NOTIFY TRUDY J, CRAIN AT (360)386-4000 WHEN
YOU HAVE TRANSMITTED YOUR WIRE.
FAX NUMBER: (866)526-0612
ALL WIRES WILL BE RETURNED IF THE FILE NUMBER
AND/OR NAME(S) ARE NOT INCLUDED
Page 2 of 2
r
SPS LARSON 0053
Exhibit C
Page 20 of23
Page 3189
-
-
fl~
NEW CENTURY
" - MORTGAGE"CORPORATION
First Lien Letter
10/06/2006
Date:
Commitment Number: 4228-911672
Loan Number:
Borrower Name(s):
Christopher E Larson
TIiie Company:
FIRST AMERICAN TITLE
In connection with property covered by the captioned Title Insurance commitment, the undersigned closing agent
hereby confirms that the above referenced mortga~e In the amount of $218 000.00 Is closed and New Century
Mortgage Corporation loan proceeds completely disbursed.
t only to those encumbrances shown in Schedule B of the
ents have been paid In full,
Name of company
NCMC
Flnt LiBII Letter
RE-396
(090803)
Paue I ofl
SPS LARSON 0054
Exhibit C
Page 21 of23
Page 3190
Oct-11-2006
08:06 AM
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Page 22 of23
Page 3191
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Page 23 of23
Page 3192
EXHIBITD
Page 3193
302702
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......
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11111111!~ IllII ml 11/11111~ 11111 ~111111~ 1111111111 ~11111111111
···.. Christopher E. Larson
' ... -··_H9°14,16~\tl,_Dnve NE
:~Arl.ington~ WA98223
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200610110832
2 PGS .
10111/2006 2·03pm $33 00
SNOHOMISH COUNTY ~ASHINGTON
..··
...\::_\~----- ·..
-:~"' ..,·:~: ; -.
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Filed for Record ,'it -~equest··~r: ::
·<.•. ,·
First Amencan Title·Insurarii::e Company
_
.. .-
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.-
..
.•'
--.. ,/,/ STATUTORY WARRANTY DEED
File No· 4228-9116i2 (ft:}
---
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............ • ...... .-
Date: October 09, 2006
.•
,·
Grantor(s): Tyson K. Bushhelt.ahd Allsia·._M. Bushnell
Grantee(s): Christopher e:,t.arso·n·· :~ . · : >
.
Abbreviated Legal. LOT 89, Pl.:AT:Of:-RAirjB~W SP,RINGS, VOL 19, P. 32-33.
Additional Legal on page:
···-,.._;···· __ ...---· __ ... · ___ ,.--
n
Assessor's Tax Parcel No{s):
l I
ooss1,~9.oo~.~~9~00 FIRST A l\1ERICAN':1 \ 1l
._
.-- ·..
,·
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ol a:
THE GRANTOR(S) Tyson K. Bushnell an~_.Atisl~ ..M:· ~.ush~ell, husband and wife for and m
cons1derat1on of Ten Dollars and other Goocl:"an(J.. ValL!ii.ble Consideration, in hand paid,
conveys, and warrants to Christopher E. l.a"J"son/~i m~rrled man as his sole and separate
property, the following described real estate/s1tuate~:.-,ri'""tt,e··.c;:ounty of Snohomish, State of
Washington.
' --·····-'. ·:
...
.·
.. •
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDIN{j TQ.T,liE''PLAT THEREOF RECORDED
IN VOLUME 19 OF PLATS, PAGES 32 AND 33, RECO°it'os·of .SNOHOMISH COUNTY,
.: -'
WASHINGTON,
/
.
'. ___ ,
...
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SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF
I
·\.
·._.: __ .. · ·..
WASttINGTON:: '
.
.t· ,.-·:·.· _. .- -· · _:\
SubJect To: This conveyance 1s subJect to covenants, cond1t1ons,.. r.~trict;1.ori~.-.afrd.. easements, 1f
any, affecting title, which may appear in the public record, including th9-se ~t-r6wn ori-c~ny recorded
plat or survey.
'· ·,--···· .. ··:_.·
·.
..··
·.. -·· .-··
·._
Tyson K. Bushnell
·...
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Page 1 of2
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Page 1 of 2
Page 3194
,, ... __ ... ··
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·. ··· ... ,· .•·APN· ·005514-000·089-00
.·'
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File No 4228·911672 (TC)
Statutory Warranty Deed
- conbnued
_..··.,
..-.~---- ...
Date 10/09/2006
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coJ~n·_oF,.. _-§nohom,~.
.•
:
I cerbfy--t~~"i° .kno~~ -~~~···hav~ satisfactory evidence that Tyson K. Bushnell and Alisia M.
Bushne~r~ the perspn{s)-who appeared before me, and said person(s) acknowledged that
he/she/~1~r:iel ~~IS.JA~.tC~{ll~ilt and acknowledged 1t to be his/her/ eir ree and voluntary act
for the uses a~d purpo~ mentioned m this instrument.
...... -·
.·
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Dated:
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Notary Pubhc m and for the State of Washington
. ,, .
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Page 2 of2
Page 3195
...... -· :-
EXHIBITE
Page 3196
ELECTRONICALLY RECORDED
201007160380
07/16/2010 02:46 PM
201007160380.001i
1
14.00
SNOHOMISH COUNTY, WASHINGTON
AND~ RECORDED MAIL DOCUMENT
AND TAX STATEMENTS TO:
BAC Home Loans Servicing, LP
400COUNTRYWIDEWAY SV-3S
SrMIVALLEY, CA 93065
ut-01511, 0
TS No. 07-0050425
SPACEABOVETHJSUNSFORRSCORDER'SUSE
·. · C~RPORATION ASSIGNMENT OF DEED OF TRUST
.
.
.
~
.
FOil VALUE RECEIVID, '.IlfE UNDERSIGNED HEREBY GRANTS, ASSIGNS AND TRANSFERS TO:
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOil MORGAN STANLEY ABS
C_APffAL I INC; TRUST 2007-DE2 MORTGAGE PASS-TRROUGB CERTIFICARS, SERIE$ 2007-HE2
AIL BENEFICIAL INTEREST UNDER THAT CERTAlN DEED OF TRUST DATED 10/06/2006, EXECUTED
BY: CHRISTOPHER E LARSON, A MARRIED MAN AS HIS SOLE AND SEPARATE
PROJ>ERTY,TRUSTOR.: TO FIRST AMERICAN TITLE, TRUSTEE AND RECORDED AS INSTRUMENT
NO. 200610110833 ON 10/11/2006, OF OFFICIAL RECORDS lN THE COUNTY RECORDER'S OfFICE OF
SNOHOMISH· COUNTY, IN THE STATE OF WASHINGTON.
DESCRIBING THEI.AND THEREIN: AS MORE FULLY DESCRIBED CN SAID DEED OF TRUST
TOGETHER wrrn TIIE NOTE OR NOTES TffERE[N DESCRIBED OR REFERRED ro, THE MONEY DUE
ANi> TO BECOME DUE THEREON Wl1ll INTER.EST, AND ALL RIGHTS ACCRUED OR TO ACCRUE
. UNDER SAID DEED OF TRUST/MORTGAGE.
ktm,i/"NI!>
·._ ~·
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••
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.cAL.lFC)RtM
VENTURA
On. JUL 1 5. 2010:, bem me _ _ _ _ _ _ _ _ , notary public, Dalimwlfappeared
,... · ,, ·, : .. '. . ·.
G :Hen,aJ!lfez
personally known to me (or proved~ me OD the basis of
•satisfacltlry:m.dence)-10,be the~s) whose name(s) Ware subscribed to within instnmumt and acknowledged
· to;me tbafheishe/~ ~
the slime in hls/ber/lheir authorized capaoity(ies), and that by his/her/their
s~s}9inhe illstnmleiit thepeoon(s), or the entity upon behalfof which the person(s) acted, executed the
. fusirument. . ..
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.
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Non-Order Search
Page 1 of 1
Requested By: bzuniga, Printed: 8/1/2017 9: 52 PJVI
Doc SN:2010 201007160380
Exhibit E
Page I of I
Page 3197
EXHIBITF·
Page 3198
GA~~ ~L on
RECORDER, SALT L1\KE COUNTY, UT/\H
830 SELECT PORTFOLIO SERVICIN(i
PO BOX 65250
LIMITED POWEROF ATTORNEY
SLC UT 84165
11063866
Book 10237 Pages 3222-3230
06/11/2014 12:00 PM 2f3. 00
KNOW ALL MEN BY THESE PRESENTS, that Deutsche Bank Nationar-rrnst Coiifpany;··a----··national banking association organized and existing under the laws of the United States, and
having its usual place of business at 1761 East St. Andrew Place, Santa Ana, Californic1; 92705,
as Trustee (the "Trustee") pursuant to Agreements listed on Exhibit A attached bd·eto (the
"Agreements"), hereby constitutes and appoints the Select Poiifolio Servicing, Inc. (the
"Servicer"), by and through the Servicer's officers, the Trustee's true and lawful Attorney-inFact, in the Trustee's name, place and stead and for the Trustee's benefit, in connection with all
mortgage loans serviced by the Servicer pursuant to the Agreements solely for the purpose of
performing such acts and executing such documents in the name of the Trustee necessary and
appropriate to effectuate the following enumerated transacti:ons in respect of any of the
mortgages or deeds of trnst (the "Mortgages" and the "Deeds of Trust" respectively) and
promisso1y notes seemed thereby (the "M01igage Notes") for which the undersigned is acting as
Trustee for various certificateholders (whether the undersigned is named therein as mortgagee or
beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by
any such Mortgage or Deed of Trust) and for which Select Portfolio Servicing, Inc., is acting as
the Servicer.
This Appointment shall apply only to the following enumerated transactions and nothing herein
or in the Agreement shall be construed to the contrary:
1.
The modification or re-recording of a Mortgage 01\ Deed of Trust, where said
modification or re-recording is solely for the purpose of conecting the Mortgage
or Deed of Trust to conform same to the original intent of the parties thereto or to
correct title errors discovered after such title insurance was issued; provided that
(i) said modification or re-recording, in either instance, does not adversely affect
the lien of the Mo1igage or Deed of Trust as insured and (ii) otherwise conforms
to the provisions of the Agreement.
2.
The subordination of the lien of a Mortgage or Deed of Trust to an easement in
favor of a public utility company of a government agency or unit with powers of
eminent domain; this section shall include, without limitation, the execution of
partial satisfactions/releases, patiial reconveyances or the execution or requests to
trustees to accomplish same.
3.
The c01iveyance of the prope11ies to the mortgage insurer, or the closing of the
title to the property to be acquired as real estate owned, or conveyance of title to
real estate owned.
4.
The completion of loan assumption agreements.
Exhibit F
Page I of9
Page 3199
5.
The full satisfaction/release of a Mortgage or Deed of Trust or full conveyance
upon payment and discharge of all sums secured thereby, including, without
limitation, cancellation of the related Mortgage Note.
6.
The assignment of any Mortgage or Deed of Trust and the related Mortgage Note,
in connection with the repurchase of the mortgage loan secured and evidenced
thereby.
7.
The full assignment of a M011gage or Deed of Trust upon payment and discharge
of all sums secured thereby in conjunction with the refinancing thereof, including,
without limitation, the assignment of the related Mortgage Note.
8.
With respect to a Mo1tgage or Deed of Trust, the foreclosure, the taking of a deed
in lieu of foreclosure, or the completion of judicial or non-judicial foreclosure or
termination, cancellation or rescission of any such foreclosure, including, without
limitation, any and all of the following acts:
9.
a.
the substitution of trustee(s) serving under a Deed of Trust, in accordance
with state law and the Deed of Trust;
b.
the preparation and issuance of statements of breach or non-performance;
c.
the preparation and filing of notices of default and/or notices of sale;
d.
the cancellation/rescission of notices of default and/or notices of sale;
e.
the taking of deed in lieu of foreclosure; and
f.
the preparation and execution of such other documents and perfo1mance of
such other actions as may be necessary under the terms of the Mo11gage,
Deed of Trust or state law to expeditiously complete said transactions in
paragraphs 8.a. through 8.e. above.
With respect to the sale of property acquired through.a foreclosure or deed-in lieu
of foreclosure, including, without limitation, the execution of the following
documentation:
a.
b.
c.
d.
e.
listing agreements;
purchase and sale agreements;
grant/warranty/quit claim deeds or any other deed causing the transfer of
title of the property to a paify contracted to purchase same;
escrow instructions; and
any and all documents necessary to effect the transfer of prope1fy.
2 of9
Exhibit F
Page 2 of 9
Page 3200
10.
The modification or amendment of escrow agreements established for repairs to
the mortgaged prope11y or reserves for replacement of personal property.
The undersigned gives said Attorney-in-Fact full po,ver and authority to execute such
instruments and to do and perform all and every act and thing necessary and proper to carry into
effect the power or powers granted by or under this Limited Power of Attorney as fully as the
undersigned might or could do, and hereby does ratify and confirm to all that said Attomey-inFact shall be effective as of June 3, 2014.
This appointment is to be construed and interpreted as a limited power of attorney. The
enumeration of specific items, rights, acts or powers herein is not intended to, nor does it give
rise to, and it is not to be construed as a general pov,1er of attorney.
Nothing contained herein shall (i) limit in any manner any indemnification provided by the
Servicer to the Trustee under the Agreement, or (ii) be construed to grant the Servicer the power
to initiate or defend any suit, litigation or proceeding in the name of Deutsche Bank National
Trust Company except as specifically provided for herein. If the Servicer receives any notice of
suit, litigation or proceeding in the name of Deutsche Bank National Trust Company, then the
Servicer shall promptly forward a copy of same to the Trustee.
This limited power of attorney is not intended to extend the powers granted to the Servicer under
the Agreement or to allow the Servicer to take any action with respect to Mortgages, Deeds of
Trust or Mortgage Notes not authorized by the Agreement.
The Servicer hereby agrees to indemnify and hold the Trustee and its directors, officers,
employees and agents harmless from and against any and all liabilities, obligations, losses,
damages, penalties, actions, judgments, suits,.costs, expenses or disbursements of any kind or
nature whatsoever incurred by reason or result of or in connection with any misuse by the
Servicer of the powers granted to it hereunder. In accepting this indemnity, the Trustee does not
waive, but rather expressly reserves, any other indemnities available under the Agreement.
Pursuant to the Agreement, the Trustee shall not be liable for the actions of the Servicer or any
Subservicers under this Limited Power of Attorney, The foregoing indemnity shall survive the
termination of this Limited Power of Attorney and the Agreement or the earlier resignation or
removal of the Trustee under the Agreement.
This Limited Power of Attorney is entered into and shall be governed by the laws of the State of
New York, without regard to conflicts of law principles of such state.
Third pa11ies without actual notice may rely upon the exercise of the power granted under this
Limited Power of Attorney; and may be satisfied that this Limited Power of Attorney shall
continue in full force and effect and has not been revoked unless an instrument ofrevocation has
been made in writing by the undersigned.
'
3 of9
Exhibit F
Page 3 of 9
Page 3201
IN WITNESS WHEREOF, Deutsche Bank National Trust Company, as Trustee for the affixed
Agreements listed on the Exhibit A, has caused its corporate seal to be hereto affixed and these
presents to be signed and acknov,1ledged in its name and behalf by a duly elected and authorized
signatory this 3rd day of June 2014.
Deutsche Bank National Trust Company,
as Trustee
Vo /Jop
,J!,;,4-/
By•
(B
l&/;
Name: Karlene G. Ben~to
Title: Assistant Vice President
Witness:
Name: ice atusian
Title: Associate
Address:
Deutsche Bank National Trust Company
1761 E. Saint Andrew Place
Santa Ana, CA 92705
4 of9
Exhibit F
Page 4 of9
Page 3202
State of California}
County of Orange}
On June 3, 2014, before me, Melinda A. Pilcher, Notary Public, personally appeared
Karlene G. Benvenuto, who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that she executed
the same in her authorized capacity and that by her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I ce1tify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
,
Witness my hand and official seal.
MELl~DA A. PILCHER
Commission tJ 2067159
Notary Pubflc • Callfornla
Orange County
M Comm. Ex Ires Ma 4
5 of9
Exhibit F
Page 5 of9
Page 3203
I.
Pooling and Servicing Agreement, dated as of June 1, 2006 (as amended, restated,
supplemented, or othe1wise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Select Pmtfolio Servicing, Inc., successor servicer to Bank of America, N.A.,
successor servicer to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing
LP, as Servicer, Wells Fargo Bank, National Association, as Servicer and Custodian, HomeQ
Servicing Corporation, as Servicer, New Century Mortgage Corporation, as Servicer, NC Capital
Corporation, as Responsible Party, WMC Mortgage Corp., as Responsible Party, Decision One
Mo1igage Company, LLC, as Responsible Party, LaSalle Bank National Association, as
Custodian and Deutsche Bank National Trust Company, as Trustee, related to the Morgan
Stanley ABS Capital I Inc. Trust 2006-HES Mortgage Pass-Through Certificates, Series
2006-HES.
2.
Pooling and Servicing Agreement, dated as of September 1, 2006 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Select Portfolio Servicing, Inc., successor servicer to Bank of America, N.A.,
successor servicer to BAC Home Loans Servicing, LP f/k/a Countiywide Home Loans Servicing
LP,, as Servicer, Wells Fargo Bank, National Association, as Servicer and Custodian, New
Century Mo1tgage Corporation, as Servicer, NC Capital Corporation, as Responsible Party,
WMC Mortgage Corp., as Responsible Party, Decision One Mortgage Company, LLC, as
Responsible Pa1ty, LaSalle Bank National Association, as Custodian and Deutsche Bank
National Trust Company, as Trustee, related to the Morgan Stanley ABS- Capital I Inc. Trust
2006-HE6 Mortgage Pass-Through Certificates, Series 2006-HE6
3.
Pooling and Servicing Agreement, dated as of October I, 2006 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Select Portfolio Servicing, Inc., successor servicer to Bank of America, N.A.,
successor servicer to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing
LP, as Servicer, NewCentury Mortgage Corporation, as Servicer, NC Capital Corporation, as
Responsible Party, WMC Mortgage Corp., as Responsible Party, Decision One M01tgage
Company, LLC, as Responsible Pmty, Wells Fargo Bank, National Association, as Custodian,
LaSalle Bank National Association, as Custodian and Deutsche Bank National Trust Company,
as Trustee, related to the Morgan Stanley ABS Capital I Inc. Trust 2006-HE7 Mortgage
Pass-Through Certificates, Series 2006-HE7
4.
Pooling and Servicing Agreement, dated as of November I, 2006 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Wells Fargo Bank, National Association, as J\1aster Servicer, Securities
Administrator and Custodian, Saxon Mortgage Services, Inc., as Servicer, Select Portfolio
Servicing, Inc., successor servicer to Bank of America, N.A., successor servicer to BAC Home
Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP,, as Servicer, New Century
Mortgage Corporation, as Servicer, NC Capital Corporation, as Responsible Party, WMC
Mortgage Corp., as Responsible Party, Decision One Mortgage Company, LLC, as Responsible
Party, LaSalle Bank National Association, as Custodian and Deutsche Bank National Trust
6 of9
Exhibit F
Page 6 of9
Page 3204
Company, as Trustee, related to the Morgan Stanley ABS Ca pita I I Inc. Trust 2006-HE8
Mortgage Pass-Through Certificates, Series 2006-HES
5.
Pooling and Servicing Agreement, dated as of November 1, 2006 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Select Portfolio Servicing, Inc., successor servicer to Bank of America, N.A.,
successor servicer to BAC Home Loans Servicing, LP f/k/a Countiywide Home Loans Servicing
LP, as Servicer, New Century Mortgage Corporation, as Servicer, NC Capital Corporation, as
Responsible Party and Deutsche Bank National Trust Company, as Trustee, related to the
Morgan Stanley ABS Capital I Inc. Trust 2006-NCS Mortgage Pass-Through Certificates,
Series 2006-NCS
6.
Pooling and Servicing Agreement, dated as of January 1, 2007 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Saxon M01tgage Services, Inc., as Servicer, Select Portfolio Servicing, Inc.,
successor servicer to Bank of America, N.A., successor servicer to BAC Home Loans Servicing,
LP f/k/a Countrywide Home Loans Servicing LP, as Servicer, NC Capital Corporation, as
Responsible Party, Decision One Mortgage Company, LLC, as Responsible Pmty, LaSalle Bank
National Association, as Custodian and Deutsche Bank National Trust Company, as Trustee,
related to the Morgan Stanley ABS Capital I Inc. Trust 2007-HEl Mortgage Pass-Through
Certificates, Series 2007-HEl
7.
Pooling and Servicing Agreement, dated as of February 1, 2007 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Saxon M01igage Services, Inc., as Servicer, Select Portfolio Servicing, Inc.,
successor servicer to Bank of America, N.A., successor servicer to BAC Home Loans Servicing,
LP f/k/a Countrywide Home Loans Servicing LP, as Servicer, Wells Fargo Bank, National
Association, as Servicer and Custodian, New Centmy Mortgage Corporation, as Servicer, NC
Capital Corporation, as Responsible Paity, WMC M01igage Corp., as Responsible Party,
Decision One Mortgage Company, LLC, as Responsible Party, LaSalle Bank National
Association, as Custodian and Deutsche Bank National Trust Cotppany, as Trustee, related to the
Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass-Through Certificates,
Series 2007-HE2
·
8.
Pooling and Servicing Agreement, dated as ofFebrnary 1, 2007 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc,, as Depositor, Saxon M01tgage Services, Inc., as Servicer, Select Portfolio Servicing, Inc.,
successor servicer to Bank of America, N.A., successor servicer to BAC Home Loans Servicing,
LP f/k/a Countrywide Home Loans Servicing LP, as Servicer, NC Capital Corporation, as
Responsible Party, Wells Fargo Bank, National Association, as ~ustodian and Deutsche Bank
National Trust Company, as Trustee, related to the Morgan Stan~ey ABS Capital I Inc. Trust
2007-HE3 Mortgage Pass-Through Certificates, Series 2007-HE3
7 of9
Exhibit F
Page 7 of 9
Page 3205
9.
Pooling and Servicing Agreement, dated as of April 1, 2007 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer, Securities
A-dministrator and Custodian, Saxon Mortgage Services, Inc., as Servicer, Select Po1ifolio
Servicing, Inc., successor servicer to Bank of America, N.A., successor servicer to BAC Home
Loans Servicing, LP f/k/a Count1ywide Home Loans Servicing LP, as Servicer, WMC Mortgage
Corp., as Responsible Pa1iy, Decision One Mortgage Company, LLC, as Responsible Party,
LaSalle Bank National Association, as Custodian and Deutsche Bank National Trust Company,
as Trustee, related to the Morgan Stanley ABS Capital I Inc. Trust 2007-HES Mortgage
Pass-Through Certificates, Series 2007-HES
10.
Pooling and Servicing Agreement, dated as of May 1, 2007 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer, Securities
Administrator, Servicer and Custodian, Saxon Mo1tgage Services, Inc., as Servicer, Select
Portfolio Servicing, Inc., successor servicer to Bank of America, N.A., successor servicer to BAC
Home Loans Servicing, LP £'k/a Countiywide Home Loans Servicing LP, as Servicer, WMC
M01tgage Corp., as Responsible Party, Decision One Mortgage Company, LLC, as Responsible
Paity, LaSalle Bank National Association, as Custodian and Deutsche Bank National Trust
Company, as Trustee, related to the Morgan Stanley ABS Capital I Inc. Trust 2007-HE6
Mortgage Pass-Through Certificates, Series 2007-HE6
11.
Pooling and Servicing Agreement, dated as of September 1, 2007 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer, Securities
Administrator, Servicer and Custodian, Saxon Mortgage Services, Inc., as Servicer, Select
Po1tfolio Servicing, Inc., successor servicer to Bank of America, N.A., successor servicer to BAC
Home Loans Servicing, LP f/k/a Countiywide Home Loans Servicing LP, as Servicer, LaSalle
Bank National Association, as Custodian and Deutsche Bank National Trust Company, as
Trustee, related to the Morgan Stanley ABS Capital I Inc. Trust 2007-HE7 Mortgage PassThrough Certificates, Series 2007-HE7
12.
Pooling and Servicing Agreement, dated as of January 1, 2007 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Select P01ifolio Servicing, Inc., successor servicer to Bank of America, N.A.,
successor servicer to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loaps Servicing
LP, as Servicer, Saxon Mo1tgage Services, Inc., as Servicer, NC Capital Corporation, as
Responsible Party and Deutsche Bank National Trust CompaJ?y, as Trustee, related to the
Morgan Stanley ABS Capital I Inc. Trust 2007-NCl Mortgage Pass-Through Certificates,
Series 2007-NCl
8 of9
Exhibit F
Page 8 of 9
Page 3206
13.
Pooling and Servicing Agreement, dated as of April l, 2007 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer and Securities
Administrator, Saxon Mortgage Services, Inc., as Servicer, Select Po1ifolio Servicing, Inc.,
successor servicer to Bank of America, N.A., successor servicer to BAC Home Loans Servicing,
LP flk/a Countrywide Home Loans Servicing LP, as Servicer, and Deutsche Bank National Trust
Company, as Trustee, related to the Morgan Stanley ABS Capital I Inc. Trust 2007-NC2
Mortgage Pass-Through Certificates, Series 2007-NC2
14.
Pooling and Servicing Agreement, dated as of February 1, 2007 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Saxon Mortgage Services, Inc., as Servicer, Wells Fargo Bank, National
Association, as Servicer and Custodian, Select P01ifolio Servicing, Inc., successor servicer to
Bank of America, N.A., successor servicer to BAC Home Loans Servicing, LP f/k/a Countrywide
Home Loans Servicing LP,, as Servicer, First NLC Financial Services, LLC, as Responsible
Party and Deutsche Bank National Trust Company, as Trustee, related to the Morgan Stanley
Home Equity Loan Trust 2007-1 Mo1·tgage Pass Through Certificates, Series 2007-1
15.
Pooling and Servicing Agreement, dated as of March 1, 2007 (as amended, restated,
supplemented, or otherwise modified from time to time), among Morgan Stanley ABS Capital I
Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer, Securities
Administrator and Servicer, Saxon Mortgage Services, Inc., as Servicer, Select Portfolio
Servicing, Inc., successor servicer to Bank of America, N.A., successor servicer to BAC Home
Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, as Servicer, First NLC
Financial Services, LLC, as Responsible Party and Deutsche Bank National Trust Company, as
Trustee, related to the Morgan Stanley Home Equity Loan Trust 2007-2 Mortgage Pass
Through Certificates, Series 2007-2
9 of9
Exhibit F
Page 9 of 9
Page 3207
I
'
•
EXHIBIT G
Page 3208
NOTICE OF DEFAULT
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24, ET. SEQ.
To: Christopher E. Larson , A Married Man .as His Sole and Separate Property, and Angela R.
Larson
THIS NOTICE IS ONE STEP IN A PROCESS THAT COULD RESULT IN YOUR
LOSING YOUR HOME.
You m~y be eligible for mediation in front of a neutral third party to help save your home.
CONTACT A HOUSING COUNSELOR ORAN ATTORNEY LICENSED IN
WASIDNGTON NOW to assess your situation and refer you to mediation if you might
benefit. Mediation MUST be requested between the til!le you receive the Notice of Default
and no later than twenty days after the Notice of Trustee Sale is recorded.
DO NOT DELAY. If you do nothing, a notice of sale may be issued as soon as 30 days from
· the date of this notice of default. The notice of sale will provide a minimum of 120 days'
notice of the date of the actual foreclosure sale.
BE CAREFUL of people who claim they can help you. There are many individuals and
businesses that prey upon borrowers in distress.
REFER TO THE CONTACTS BELOW for sources of assistance.
SEEKING ASSISTANCE
Housing counselors and legal assistance may be available at little or no cost to you. If you
would like assistance in determining your rights and opportunities to keep your house, you
may contact the following:
The statewide foreclosure hotline for assistance and referral to housing counselors
recommended by the Housing Finance Commission Telephone: Toll-free: 1-877-894HOME (1-877-894-4663). Web site:
~://Ww\1'1.dfj ,~~,gQYLc.on~umers/homeQSV.11~rship{p_Q_m:_purchase counselor:s :foreclosure.htm.
The United States Department of Housing and Urban Development Telephone: Toll-free: 1800-569-4287. Web Site:
http:.//www:hud.gov/offices/hsg/.sth/hcc/fo/index.cfm?webListAction=s~arch&searchstate::::WA&filterSvc
:'&f2
The statewide civil legal aid hotline for assistance and referrals to other housing counselors
and attorneys Telephone: Toll-free: 1-800-606-4819. \Veb site: htt~//uwjusticezorg/wlJat-clear.
1
ExhibitG
Page 1 of8
Page 3209
A. Deed of Trust and Property Description:
You are hereby notified that the Beneficiary has declared you in default on the obligation
secured by a Deed of Trust dated October 6, 2006, executed by Christopher E. Larson, A
Married Man as His Sole and Separate Property, and Angela R. Larson as Trustor(s), to
secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., SOLELY AS A NOMINEE FOR NEW CENTURY MORTGAGE
CORPORATION, A CORPORATION as original Beneficiary recorded October 11, 2006
as Instrument No. 200610110833 of official records in the Office of the Recorder of
Snohomish County, Washington and which Deed of Trust encumbers the following
described real property:
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 19 OF PLATS, PAGES 32 AND 33, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF
SNOHOMISH, STATE OF WASHINGTON
Commonly known as: 11914 167th Drive NE, Arlington, WA 98233
B. Declaration of Default. The beneficiary declares you in default for failing to make
payments as required by your note and deed of trust.
C. Itemized account of the amounts in arrears: Delinquent monthly payments
beginning with the March 12, 2012 payment. The amount indicated below as the "Grand
Total" is good through January 12, 2018.
Payments
$110,728.25
Escrow Advances
--~------------ - ·-- --- - $42,198.82
Interest On Advances:'
$3,575.58
Payment to Accrue
$1,605.98
Loan Level Advances
$2,061.00
Grand Total
$160,169.63
-----··---- -----·----'---D. Itemized account of all other specific charges, costs or fees that grantor or
borrower is or may be obliged to pay to reinstate the deed of trust before the
recording of the notice of sale.
Trustee's Fee
Postage (estimated)
Service/Posting of the Notice of Default (estimated)
$900.00
$60.00
$75.00
2
ExhibitG
Page 2 of8
Page 3210
Document Recording (estimated)
$14.00
TOTAL CHARGES, FEES AND COSTS
$1,049.00
E. Amount required to cure payment defaults before Notice of Sale records: The
estimated amount necessary to reinstate your Deed of Trust.and the obligation secured
thereby before the recording of the Notice of Trustee's Sale is the sum of paragraphs C
and D above in the estimated amount of $161,218.63 PLUS the amount of any monthly
payments, late ~hargcs, and advances which may fall due after the date of this Notice of
Default.
·
Payments and late charges continue to accrue and a,lditional advances may he made.
TJ,e sums stated above are estimates 011/v. Before attempting to reinstate the loan, call
us at 1-855-676-9686 to learn the exact amounts of monetary defaults and actions
required to cure possible other defaults.
For Reinstatement/Payoff Quotes, contact North Cascade Trustee Services Inc.
Reinstatement monies in the form of a cashier's check may be tendered to:
North Cascade Trustee Services Inc.
ATTN: REINSTATEMENT/PAYOFF DEPT.
901 Fifth Avenue, Suite 410
Seattle, WA 98164
Phone: (855)676-9686
Payment must be in the full amount by cashier's check, and mailed to the undersigned.
Personal checks will not be accepted.
In addition, grantor or borrower must timely cure all other defaults, if any, before the note
and deed of trust are deemed reinstated.
F. Effect of failure to cure: Failure to cure all alleged defaults within 30 days of
mailing/personal service of this notice may lead to recordation, transmittal and
publication of a notice of sale and the Property may be sold at public auction no less than
120 days from the date of this notice, or no less than 150 days in the future, if the
borrower received a letter under RCW 61.24.031.
G Effect of recording, transmitting, and publication of the notice of sale: The effect
of the recordation, transmittal and publication of a notice of sale will be to (i) increase the
costs and fees and (ii) publicize the default and advertise the Property for sale.
H. Effect of sale of the Property: The Trustee's sale of the Property will deprive the
borrower, grantor, and any successor in interest of all their interest in the Property.
3
ExhibitG
Page 3 of8
Page 3211
I. Recourse to courts: The borrower, granter, any guarantor or any successor in interest
has recourse to the courts pursuant to RCW 61.24.130 to contest the default(s) on any
proper ground.
J. Contact Information for Note Owner and Loan Servicer:
The owner of the note is Deutsche Bank National Trust Company, as Trustee, in trust for
the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2,
Mortgage Pass-Through Certificates, Series 2007- HE2
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007HE2, whose address is:
3217 S. Decker Lake Dr.
S~lt Lake City, UT 84119
The loan servicer for this loan is Select Portfolio Servicing, Inc., whose address and
telephone numbers are:
3217 S. Decker Lake Dr.
Salt Lake City, UT 84119
1-800-258-8602
Dated: .December
U, 2017
North Cascade Trustee Services Inc.
As duly appointed Successor Trustee
By Heather Berthiaume
This is an attempt to collect a debt and any information obtained will be used for that purpose. If you have
received a discharge of the debt referenced herein in a bankruptcy proceeding, this letter is not an attempt to
impose personal liability upon you for payment of that debt. In the event you have received a bankruptcy
discharge, any action to enforce the debt will be taken against the property only.
File No: 60243-00328-NJ-WA
North Cascade Trustee Services Inc.
Phone: 1-855-676-9686
Fax: 888-690-8838
4
ExhibitG
Page4 of8
Page 3212
NOTICE REQUIRED BY THE
FAIR DEBT COLLECTION PRACTICE ACT
15 U.S.C. Section 1692
December 19, 2017
To:
RE:
Angela R. Larson and Christopher E. Larson
Property located at 11914 167th Drive NE, Arlington, WA 98233
I.
You are hereby notified that this trustee is attempting to collect a debt and any
information obtained will be used for that purpose.
2.
As of January 12, 2018, $354,709.51 is owed on this account, including interest.
Because of interest, late charges, and other charges that may vary from day to day, the amount
due on the day you pay may be greater. Hence, if you pay the amount shown above, an
adjustment may be necessary after we receive your payme~t, in which event we will inform you
of any additional amounts due. For further information, write the undersigned or caH (855) 676._
9686.
3.
The original creditor to whom the debt was owed was MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS A NOMINEE FOR NEW
CENTURY MORTGAGE CORPORATION, A CORPORATION. You have 30 days from the
receipt of this letter to request the address of the original creditor from us if you wish to do so.
The current creditor is Deutsche Bank National Trust Company, as Trustee, in trust for the
registered holders of Morgan Stanley ABS Capital I Inc. Trust2007-HE2, Mortgage PassThrough Certificates, Series 2007- HE2 Deutsche Bank National Trust Company, as Trustee, in
trust for the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage
Pass-Through Certificates, Series 2007- HE2, with an address of 3217 S. Decker Lake Dr., Salt
Lake City, UT 84119.
4.
The debt will be assumed to be valid by North Cascade Trustee Services Inc.
unless WITHIN THIRTY DAYS AFTER THE RECEIPT OF THIS NOTICE, you dispute the
validity of the debt or any portion thereof. This does not relieve you of the requirement to timely
respond as indicated in the documents accompanying this notice.
5.
If you notify North Cascade Trustee Services Inc. Attn: Heather Berthiaume,
within thirty days after the receipt of this Notice that the debt or any portion thereof is disputed,
then North Cascade Trustee Services Inc. will provide a verification of the debt, and a copy of
the verification will be mailed to you by North Cascade Trustee Services Inc.
6.
Requests should be addressed to North Cascade Trustee Services Inc. Attn:
Heather Berthiaume, 901 Fifth Avenue, Suite 410, Seattle, WA 98164 or by calling Heather
Berthiaume at 206-939-4159.
60243.00328-NJ-WAFail' Debt Notice
ExhibitG
Page 5 of8
Page 3213
If you have received a discharge of the debt referenced herein in a bankruptcy proceeding,
this Jetter is not an attempt to impose personal liability upon you for payment of that debt.
In the event you have received a bankruptcy discharge, any action to enforce the debt will
be taken against the property only.
60243•00328•NJ•WAFair Debt Notice
ExhibitG
Page 6 of8
Page 3214
FORECLOSURE LOSS MITIGATION
Re:
----
Loan Number:
....... ,, .....
Borrower Name:
CHRISTOPHER LARSON
Address:
11914167TH DRIVE NE, ARLINGTON, WA 98233
Beneficiary:
Deutsche Bank National Trust Company, as Trustee, in trust for the registered
holders of Morgan Stanley ABS Capital I Inc; Trust 2007-HE2, Mortgage PassThrough Certificates, Series 2007-HE2
The undersigned beneficiary or authorized agent for the beneficiary hereby represents and declares under the
penally of perjury that:
1)
2)
•
,D
The beneficiary or beneficiary's authorized agent has contacted the borrower under, and
has complied with; RCW 61.24.031 and the borrower did not request a meeting.
The beneficiary or beneficiary' s authorized agent has contacted the borrower as required
under RCW 61.24.031 and the borrower(s) designated representative requested a meeting.
A meeting was held in compliance
3)
4)
5)
with RCW 61.24.031.
0
The beneficiary or beneficiary' s authorized agent has exercised due diligence to contact
•
The borrower has surrendered the secured properly as evidenced by either a letter
confirming the surrender or by delivery of the keys to the secured property to the
•
RCW 61.24.031 does NOT apply because:
the borrower as required in RCW 61.24.031.
beneficiary, the beneficiary' s authorized agent or to the trustee.
The property is not owner occupied as the principal residence of the borrower(s).
The undersigned instructs the trustee to proceed with non-judicial foreclosure proceedings and expressly
authorizes the trustee or their authorized agent to sign the notice of default containing the declaration re:
contact required pursuant to section 2 of Chapter 292, Laws of 2009 (WA).
Dated:
By:
Select Portfolio Setvicing, Inc. as authorized agent of Beneficiary
Tina Martin, Document Control Offi~'"
ExhibitG
Page 7 of8
Page 3215
DECLARA Tl ON OF OWNERSHIP
Re:
Loan Number:
- ; CHRISTOPHER LARSON
Under penalty of perjury, the undersigned hereby represents and declares as follows:
I am employed as Document Control Officer for Select Portfolio Servicing, Inc. I am duly authorized to make
this declaration on behalf of:
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
1)
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007- HE2
Hereby known as beneficiary.
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
2)
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007- HE2
is the actual holder of the Promissory Note evidencing the above-referenced loan.
3)
The Note has not been assigned or transferred to any other person or entity.
4
Beneficiary understands that the trustee foreclosing the deed of trust securing the above-referenced
loan will rely upon this Dedaration before issuing the notice of trustee's sale.
)
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007- HE2
Tina Martin, Document Control Officer
ExhibitG
Page 8 of8
Page 3216
EXHIBITH
Page 3217
When recorded return to:
Quality Loan Service Corp. of Washington
C/O Quality Loan Service Corporation
411 lvy Street
San Diego, CA 92101
TS No.:
APN No.:
Grantee:
Grantor:
WA-18-813156-BB
00551400008900
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Quality Loan Service Corporation of Washington
Deutsche Bank National Trust Company, as Trustee, in trust for the registered
holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage PassThrough Certificates, Series 2007- HE2
APPOINTMENT OF SUCCESSOR TRUSTEE
WHEREAS, CHRISTOPHER E LARSON, A MARRIED MAN AS ms SOLE AND
SEPARATE PROPERTY was the original Grantor(s), First American Title was the original
Trustee, and Mortgage Electronic Registration Systems, Inc., as nominee for New Century
Mortgage Corporation, its successors and assigns was the original beneficiary under that certain
Deed of Trust dated 10/6/2006 and recorded on 10/11/2006 in SNOHOMISH County, Washington
under Auditor's File No. 200610110833.
Said Deed of Trust encumbers the real property fully described as follows:
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 19 OF PLATS, PAGES 32 AND 33, RECORDS OF SNOHOMISH
COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF
WASHINGTON
And more commonly known as 11914 167TH DRIVE NE, ARLINGTON, WA 98233
WHEREAS, the undersigned, who is the present Beneficiary under said Deed of Trust, desires to
appoint a new Trustee in place and stead of said original Trustee, or Successor Trustee, thereunder,
WA0OI.A003
12/17
Exhibit H
Page 1 of2
Page 3218
NOW THEREFORE, . the Beneficiary appoints Quality Loan Service Corporation of
Washington, whose address is 108 1st Ave South, Suite 202, Seattle, WA 98104, as Successor
Trustee under said Deed of Trust.
BENEFICIARY
Deutsche Bank National Trust Company, as Trustee, in
trust for the registered holders of Morgan Stanley ABS
Capital I lnc. Trust 2007-HE2, Mortgage Pass-Through
Ce1tificates, Series 2007c. HE2, by Select Portfolio
Servicing, Inc., as attorney;in-fact
AA n:;~ ·-jwf'\._,
By:
42
Name:
DESTINY TAY R .
Title:
pccument Control Officer
Select Portfolio Servicing, Inc.
c; / /7 / i ~
Date:
STATE OF UTAH
)
COUNTY OF SALT LAKE )
\3:
~
.t>tj
,a
in the year of 20jt_, before me
notary
public,
personally
appeared
~
Document Control Officer
. of Select Portfolio
Servicing,inc., proved on the basis of satisfactory evidence to be the person whose name is subscribed
to this instrument, and acknowledged that he/she executed the same. Witness my hand and official
seal.
On this
day of
Jessica Parkinson
'[fas-t\~~\b('
a
~'
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.. .,.,_ ..... ~ , • ~ • - , - , - ' • ~ - d
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WA001.A003
12/17
Exhibit H
Page 2 of 2
Page 3219
· EXHIBIT I
Page 3220
ELECTRONICALLY RECORDED
201806080418
06/08/2018 01:17 PM
3
101.00
SNOHOMISH COUNTY, WASHINGTON
WH'EN RECORDED MAIL TO:
Quality Loan Service Corp. of Washington
C/0 Quality Loan Service Corporation
411 Ivy Street
San Diego, CA 92101
co
....
"'2'
0
co
0
(D
0
....co0
N
TS No.: WA-18-813156-BB
SPACE ABOVE THIS LINE FOR REC'ORDf:R'S LISE
APN No.: 00551400008900
Title Order No.: 140101547-WA-MSI
Deed of Trust Grantor(s): CHRISTOPHER E LARSON, Angela Larson
Deed of Trust Grantee(s): Mortgage Electronic Registration Systems, Inc., as nominee for-New Century
Mortgage Corporation, its successors and assigns
Deed of Trust Instrument/Reference No.: 200610110833
NOTICE OF TRUSTEE'S SALE
Pursuant to the Revised Code of Washington ·61.24, et seq.
I.
NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned
Trustee, will on 10/12/2018, at 10:00 AM Outside The North Plaza Entrance to the Snohomish County
Courthouse, located at 3000 Rockefeller Ave, Everett, WA 98201 sell at public auction to the highest and
best bidder, payable in the fonn of credit bid or cash bid in the fonn of cashier's check or certified checks from
federally or State chartered banks, at the time of sale the following described real property, situated in the
·
County of SNOHOMISH, State of Washington, to-wit:
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 19 OF PLATS, PAGES 32 AND 33, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
More commonly known as: 11914 167TH DRIVE NE, ARLINGTON, WA 98233
which is subject to that certain Deed of Trust dated 10/6/2006, recorded 10/11/2006, under Instrument No.
200610110833
records of SNOHOMISH County, Washington, from CHRISTOPHER E LARSON, A
MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, as grantor(s), to First American Title,
as original trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc., as
nominee for New Century Mortgage Corporation, its successors and assigns, as original beneficiary, the
beneficial interest in which was subsequently assigned to Deutsche Bank National Trust Company, as
Trustee, in trust for the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2,
. Mortgage Pass-Through Certificates, Series 2007- HE2, the Beneficiary, under an assignment recorded
under Auditors File Number 20!007160380
II.
No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of
the obligation in any Court by reason of the Borrower's or Grantor's default on the obligation secured by the
Deed of Trust/Mortgage.
III.
The default(s} for which this foreclosure is made is/are as follows: Failure to pay when due the
following amounts which are now in arrears: $172,507.41.
Exhibit I
Page 1 of3
Page 3221
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of$217,209.38,
together with interest as provided in the Note from 2/1/2012 on, and such other costs and fees as are provided
by statute.
V.
The above-described real property will be sold to satisfy the expense of sale and the obligation
secured by the Deed of Trust as provided by statute. Said sale will be made without warranty, expressed or
implied, regarding title, possession or encumbrances on 10/12/2018. The defaults referred to in Paragraph Ill
must be cured by 10/1/2018 ( 11 days before the sale date), or by other date as permitted in the Note or Deed of
Trust, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before
10/J/2018 ( 11 days before the sale), or by other date as permitted in the Note or Deed of Trust, the default as
set forth in Paragraph Ill is cured and the Trustee's fees and costs are paid. Payment must be in cash or with
cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after
the 10/1/2018 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of
any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if
any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults.
VI.
A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower(s) and
Grantor(s) by both first class and certified mail, proof of which is in the possession of the Trustee; and the
Borrower and Grantor were personally served, if applicable, with said written Notice of Default or the
written Notice of Default was posted in a conspicuous place on the real property described in Paragraph I
above, and the Trustee has possession of proof of such service or posting. The list of recipients of the
Notice of Default is listed within the Notice of Foreclosure provided to the Borrower(s) and Grantor(s).
These requirements were completed as of 12/22/2017.
VII.
The Trustee whose name and address are set forth below will provide in writing to anyone requesting
it, a statement of all costs and fees due at any time prior to the sale.
VIII.
The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the
Grantor of all their interest in the above-described property.
IX.
Anyone having any objections to this sale on any grounds whatsoever will be afforded an opportunity
to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130.
Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee's sale.
X.
NOTICE TO OCCUPANTS OR TENANTS - The purchaser at the Trustee's Sale is entitled to
possession of the property on the 20 th day following the sale, as against the Grantor under the deed of trust (the
owner) and anyone having an interest junior to the deed of trust, including occupants who are not tenants.
After the 20 th day following the sale the purchaser has the right to evict occupants who are not tenants by
summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a
tenant with written notice in accordance with RCW 61.24.060.
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME.
You have only 20 DAYS from the recording date of this notice to pursue mediation.
DO NOT DELAY. CONT ACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN
WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may
help you save your home. See below for safe sources of help.
SEEKING ASSISTANCE
Housing counselors and legal assistance may be available at little or no cost to you. If you would like
assistance in determining your rights and opportunities to keep your house, you may contact the following:
The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the
Housing Finance Commission: Toll-free: 1-877-894-HOME (1-877-894-4663) or Web site:
http:!iwww.dfi.wa.gov/consumers/homeownership/post purchase counselors foreclosure.htm.
Exhibit I
Page 2 of 3
Page 3222
The United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287 or National
Web Site: http://portal.hud.gov/hudportaliHUD or for Local counseling agencies in Washington:
http://""ww.hud.gov/otlices!hsg/sth/hcc!fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc
The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys:
Telephone: 1-800-606-4819 or Web site: http://nwjustice.org/what-clear.
Additional disclaimers provided by the Trustee: If you have previously been discharged through
bankruptcy, you may have been released of personal liability for this loan in which case this letter is
intended to exercise the noteholders rights against the real property only.
Trustee's Mailing Address:
Quality Loan Service Corp. of Washington
C/O Quality Loan Service Corp.
41 I Ivy Street, San Diego, CA 9210 I
(866) 645-77 I I
Trustee's Physical Address:
Quality Loan Service Corp. of Washington
I08 Ist Ave South, Suite 202
Seattle, WA 98104
(866) 925-0241
Sale Line: 916-939-0772 or Login to: http://wa.gualitvloan.com
Trustee Sale Number: WA-18-813156-BB
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of
Ca~~(Jt"''
I ;-epo
County o f : i , ;
Ju 0 6 2018
----,,=-••----~
))
11
A. _
Davis
On
pefore me, _ _ _Katherine
____
_ _ _ a notary public, personally
appeared-:l}Offi~ NC-t..,...J!oVI
, who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of
foregoing paragraph is true and correct.
Ll \: 6vvJ~Z1
that the
(Seal)
Signature
Katherine A. Davis
Exhibit I
Page 3 of 3
Page 3223
EXHIBIT J
Page 3224
-
-
NAME AFFIDAVIT
-
10/06/2006
DATE:
LOAN#:
BORROWER:
STATE OF
COUN1YOF
Christopher E Larson
~
WA
SS:
537-74-3673
..stcagit"~-
I CERTIFY UNDER PENALTY OF PERJURY THAT I AM THE PERSON NAMED BELOW AND THAT
THE SIGNATURE BELOW IS MY TRUE AND CORRECT SIGNATURE.
Christopher E Larson
(Print Name)
.,~cj--
CHRIS E LARSON
(Print Name)
Signature
LARSON CHRISTOPHER
(Print Name}'
~ature
(Print Name)
Signature
(Print Name)
Signature
&t:L
~/
,L.__ ~
and that Christopher E Larson
are one and the same person.
Subscrib.ed and sworn (affirmed) b ~
re fe Jv, this
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NCMC
Name Affidavit
RE-288 (082103)
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, Paga 1 of 1
8 '?-JD
lVIIGHt:Llt l. GROSHOrfG
-
SPS LARSON 0020
ExhibitJ
Page 1 of 1
Page 3225
EXHIBITK
Page 3226
,.-.
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8
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.--··\vHEN RECORDED MAlL TO
1111111 lllll 1111111111 11111 111111111111111 11111 111111111111111 IIII IIII
201811210432
-- ., ·'SelecfPortfoho Serv1cmg, Inc
. · .. 32'i°J S decker Lake Dr
'--.--···_.sait ½ake_9!;>-, ur 84119
.... ,... --··,.-·····
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3 PGS
11/21/2018 3 09P.m $101 00
SNOHOMISH COUNTY, ~ASHINGTON
i
...·. ··... ,··
•.
_.....
.. ..--··
\ ··' -·.-·.... -
··•...
TS No •WA~l8~813'i56-BB, ),.
SPACE ABOVE THIS LINE FOR RECORDER'S U~E
Title Ord·er·'No ,.l401Ql_54:f-WA~MSI
Trustor CH~iST,OPH¢itE'·~ARSON, A MARRIED MAN AS HIS SOLE AND SEPARATE
, PROPERTY\--···
. .·' .
Deed ofTrust Instrum£ri~Reference No 2006IO] 10833
Deed ofTrust bo~k1pagi;" (1f.-app11c~~le)
..
Notice of Sale Instrumenti~efer~nciNo ::i0.}806080418
·._
.
·... ..--·---.. ...__ ..... ·
_
_
',,."'.r~YS'f'~E~S DEED UPON SALE
\'
APN 00551400008900
..-· ........ ' -..
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.-··-..
·· .. ___.
.. ·...
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_
....
TRANSFER TAX $0.00
The GRANTOR, QUALITY L~A'N SER-~ICF;--Cb~PORATION OF WASHINGTON, as current
Trustee, (whereas so designated m tfi~-E>~~d_.o(Trust hercup~er more particularly described or as duly
appomted Successor Trustee) under th·at,Deed of Trust..111· cons1derat1on of the premises and payment
recited below, hereby grants and conveys, without _tep~esent11t1orr-.or warranty, expressed or 1mplled, all
nght title and mterest to Deutsche Bank N,o-onal __ Tt'~st)Cofflpany, as Trustee, m trust for the
registered holders of Morgan Stanley ABS Cap1taf'J J11c,.Tru~t 2007-HE2, Mortgage Pass-Through
Certificates, Series 2007- HE2, as GRANTEE:, to· ali re~i-property (the "Property"), situated m the
County of SNOHOMISH, State of Washmgton, descr1hed,·:isdollows. __
LOT 89, PLAT OF RAINBOW SPRINGS, ACCOR~~~~/ TO THE P{AT THEREOF
RECORPED IN VOLUME 19 OF PLATS, PAGES.3i••·AND.-·33;.. ·RECORDS OF SNOHOMISH
COUNTY, WASHINGTON. SITUATE IN THE COV'Ni\•···QE., SNOHOMISH, ST ATE OF
WASHINGTON
/
.. · ·. ·
·.
·.. ......
.J····
RECITALS
·---···· ...,.·
·•'
_
This conveyance 1s made pursuant to the powers, mch.i~ing=:the-·•jj~;~;, 9f sale, conferred
upon the current Trustee by that certam Deed of Trust:-betw~f1 _CHR;ISTOPHER E
LARSON, A MARRIED MAN AS HIS SOLE AND .SEPA,Ri\T[__ :Nt'QPERTY, as
ongmal Grantor, to First American Title, as ongmal trustee;-'ang .. M9rtgagt_1!'.lectromc
Registration Systems, Inc., as nommee for New Century Mortgage Cor.pora,t1on, its
successors and assigns, as original Beneficiary, dated I 0/6/2006 a~d _recoi:d-t\d 1p]l 1/2006
as Instrument No 200610110833 of the Official Records m the offfce-o'f the,-Recor.der of
SNOHOMISH, Washington
<_, . . -.-_:.-•· · · -._
2
The Deed of Trust was executed to secure, together with other undertak1~g!{th(P..a~~~,t-,.~_f- -.
one or more promissory note(s) ("Note") in the sum of$218,000.00 with 1i=l(erest tbe'redn, _:
according to the terms thereof, and other sums of money which might bec~me'_,du·e' and.;·••.,
payable under the terms of said Deed of Trust
-~,, .
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ExhibltK
Page 1 of 3
Page 3227
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The Deed of Trust provided that the Property 1s not used prmc1pally for agncultural or
farmmg purposes and the current Trustee has no actual knowledge that the Property 1s used
prmc1pally for agricultural or farmmg purposes
_
'· .. · .•·
;
... •4
That a Default occurred m the obhgat1ons secured and/or covenants of the Deed of Trust
/. ...·· \ .... •·•"'''•referenced m paragraph one (1), as set forth m the Notice ofTrustee's Sale described below,
· •,·· ·'. / ...--··,.and that the Trustee of record, transmitted the Notice of Default to the required parties, and
; ; · _;' th~t a_c9py·o.f said Notice was posted or served m accordance with law
·.... -· .. -- .. --·· ·-·
·-.
··--....... 5...--.·.·.Til~ curr~:~tf:Ustee has been instructed to exercise the power of sale m accordance with and
, ..,·· u.nde/lhe· ie.levant"terms of the above referenced Deed of Trust and the Washington Deed of
·_.• /'f r~i;t-Ac~ \ ..:(-:.\::-~.6 :Thafbecacise t~ - defaults specified m the "Notice of Default" were not cured, the Trustee
o'i rJ~e6rd,. m'c:ompJtj'!ncc with the tenns of the Deed of Trust, recorded on 6/8/2018 m the
SNOHOMISH County, Washmgton recorder's Office, a "Notice of Trustee's Sale" of the
Property 1.n~trunjent_~o ~9 I ao6080418
,as
!._
7
= .... ·-.
• -. __ ..- .--···...•....... -~·:
The Trusfee of recor;.1t"i'ixed·the place of sale as outside the North Plaza Entrance of the
Snohomish 'fo~n"fy Coii.~ttio1,1se, 3000 Rockefeller Avenue, Everett, WA 98201, m the
State of Wash1n.g1:oo;"ip.µbl~~-Pface, at 10:00 AM In accordance with the law caused copies
of the statutory '1Not1ce of:r.ritst~'s Sala:' to be transmitted by mail to all persons entitled
thereto and either pos1ef{_·.or seryed _pr·1or the statutory mm1mum number of days before
the final sale, furthei-;-~e Tr,usfe~·ci"fre.cord caused a copy of said "Notice of Trustee's Sale"
to be publtshed m a ·1egal__ .newsP.ap"er m each county m which the property or any part
thereof 1s situated, once b(;twc~n··ihe th1rty•fi~j}·a~ twenty-eighth day before the date of the
sale, and once between the·-fourteenth an.~ rhe sevepth day before the date of the sale, and
further, mcluded with the Nottce, wh1_cl'l'was _tra~m1t\ed to or served upon the Deed of Trust
grantor or his successor in interc~1.,--a~'N9-t-1te of.Foreo:losure .,
·...
.
_.;
......
......
.·
During foreclosure, no action by t~. Bcnefic1~r-y1_.!.tt~uccessors or assigns was pending on
an obhgatmn secured by the Deed of Trust·····_-.· ...·~·
·· ....
to
8
~
9
:
All legal requtrements and all prov1s1ons of sai_d pee:"d q,fTrust have been complied with, as
to acts to be performed and notices to be g1·v~~. ·as P!J>~tdetl· m ~hapter 61 24 RCW
........... ·.... · .~ .... .._
.....
10 That because the defaults specified m the "Nouce,ofTriiste~•~ ~'ale" were not cured at least
ten days prior to the date scheduled for the Trusi.ec•~-.S~le itnd _satd obl1gat1on secured by
said Deed of Trust remained unpaid, on l l/l6/20"t-8~J~-~·:·.d~tt(of ?A-le, which was not less
than 190 days from the date of default m the obhgat1on secur~;-·tl).c·G~NTOR then and
there sold the Property at public auct10n to the foreclo!IJng bineficiary;'t~e highest bidder
therefore, as a credit bid for the sum of $274,500.00 The·f?.r-eclo~1ng}ene~i:;1ary instructed
the GRANTOR to vest this Trustee's Deed mto GRANTEE\... ······ .. ___., ..... _........ _
~
..··
.-
•
'
••
This conveyance IS made without representations or warranties of any kmd~.-e~-presseq.or''1i"iiphed By
recordmg this Trustee's Deed, GRANTEE understands, acknowledges and agrefs thar'tlw'Property was
purchased m the context of a foreclosure, that the current Trustee made no reprcsent~tto'ns t~·G_l3,AN_TEE
concerning the Property and that the current Trustee owed no duty to make d1sclo1;ur~'fo·'(;RAN'rl;.E
concerning the Property, GRANTEE relying solely upon h1s/her/thctr/its own due dlligen.ce q1vestigat1~n
before electing to bid for the Property
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Page 2 of 3
Page 3228
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'·..__ ,__ ,---·· lt.1.·~1tness thereof, QUALITY LOAN SERVICE CORPORATION OF WASHINGTON, as
_...••{i.R"AN.TOR, has this day, caused its name to be hereunto affhcd by its officer thereunto duly authorized
- ,• ·'by 1ts"rorporat1on by-laws
.
,
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\ _____ . -·_.QtiAl)TY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A
:··· DEBt-AN'i>'ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE .
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rs'No · WA-1is.1-JJ.s6~BB
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QUALJTY LOAN SERVICE CORPORATION OF
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A notary pubhc or-rith~ oifJCei-co~pletm~_th1s certificate venfies only the 1dent1ty of the md1v1dual
who signed the docmllenfto wh1clfth1s ~erh.ficatc 1s attached, and not the truthfulness, accuracy, or
val1d1tyofthatdocum~nt .... ·-._ ·.. ·__.,_...\\./
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personally appeared
satisfactory evidence to be the person(s) whose na!:Oe(s) 1s/.ate. subs~nbed to the w1thm mstrument and
acknowledged to me that he/she/they executei;l.--trie sa,tne'm !)i's/h~i/the1r authorized capac1ty(1es), and
that by h1s/her/the1r s1gnature(s) on the mstrurrient tlie_person(s),-or the entity upon behalf of which the
person(s) acted, executed the instrument
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I cert>fy ondec PENALTY OF PER.JURY ondec the law/ofa.)~-~~t•"jof
foregoing paragraph 1s true and correct
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Page 3229
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20/9 JI
VL 23
2
.
• Judge's Civil Motions Calendar
4
lYeW~fhe ~BafM.1~ ~tion for Summary Judgment
19-2-01383-31
RQ
3
SNf1~9p,,vp1/fN~Jff! Heanng Date: ~epte~ber 9, 2019
Request
.d,,lJl·t/SlJ
6142479
3
4
t"'
....
CLt?,ff
Co. W!.isr1
Hearmg Time: 9:30am
With Oral Argument
;, Ill I 111111111111111111111111111111111111
5
6
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF SNOHOMISH
8
9
10
CHRISTOPHER E. LARSON, a married man
as his separate estate; and ANGELA LARSON,
a married woman,
CASENO. 19-2-01383-31
Plaintiffs,
11
V.
12
13
SNOHOMISH COUNTY, et al.
Defendants.
14
REQUEST FOR JUDICIAL NOTICE
IN SUPPORT OF DEFENDANTS'
MOTION FOR SUMMARY
JUDGMENT
15
16
17
I.
18
RELIEF REQUESTED
19
Pursuant to Evidence Rule 201(b)(2), Defendant Deutsche Bank National Trust
20
Company as trustee for Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass
21
Through Certificates, Series 2007 (hereafter "Deutsche Bank") requests judicial notice of the
22
following documents submitted in support of Defendants' Motion for Summary Judgment:
23
24
I 00047/001374/02269287-2
25
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANTS' MOTION
FOR SUMMARY JUDGMENT-I
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
701 PIKE STREET, SUITE 1560
SEATTLE, WA 98101
PHONE: 206/492-2300
Page 3230
1.
2
3
4
5
Deed of Trust recorded October 11, 2006 under Snohomish County
Auditor's File No. 200610110833; a true and correct copy is attached as Exhibit 1.
2.
Assignment of Deed of Trust recorded July 16, 2010 under Snohomish
County Auditor's File No. 201007160380; a true and correct copy is attached as Exhibit 2.
3.
Notice of Default referenced in Plaintiffs' Complaint pursuant to RCW
6
61.24.030(8) contained within the Trustee's foreclosure file; a true and correct copy is
7
attached as Exhibit 3.
8
9
10
4.
Appointment of Successor Trustee under Plaintiffs' Deed of Trust recorded
May 22, 2018 under Snohomish County Auditor's File No. 201805220502; a true and
correct copy is attached as Exhibit 4.
11
5.
Notice of Trustee's Sale, referencing Plaintiffs' Property to be sold at public
12
13
14
15
auction October 12, 2018, recorded on June 8, 2018 under Snohomish County Auditor's
File No. 201806080418; a true and correct copy is attached as Exhibit 5.
6.
Trustee's Deed Upon Sale referencing Plaintiffs' Property sold at public
16
auction November 16, 2018, recorded on November 21, 2018 under Snohomish County
17
Auditor's File No. 201811210432; a true and correct copy is attached as Exhibit 6.
18
7.
Statutory Warranty Deed in Favor of Christopher E. Larson, signed by
19
Tyson K. Bushnell and Alisia M. Bushnell on October 9, 2006, recorded on October 11,
20
2006 under Snohomish County Auditor's File No. 200610110832; a true and correct copy
21
is attached as Exhibit 7.
22
23
24
100047/001374/02269287-2
25
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANTS' MOTION
FOR SUMMARY JUDGMENT-2
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
701 PIKE STREET, SUITE 1560
SEATTLE, WA 98101
PHONE: 206/492-2300
Page 3231
8.
Notice of Trustee Sale, referencing Plaintiffs' Property to be sold at public
2
auction December 5, 2008, recorded on August 29, 2008 under Snohomish County
3
Auditor's File No. 200808290497; a true and correct copy is attached as Exhibit 8.
II.
4
AUTHORITY AND ARGUMENT
5
A court may take judicial notice of facts and documents if they are capable of accurate
6
and ready determination and their authenticity cannot be reasonably questioned. ER 201 (b);
7
Berge v. Gorton, 88 Wn.2d 756, 763, 567 P.2d 187 (1977). Further, when the plaintiffs
8
9
10
Complaint alleges the existence of, or fact contained within, specific documents, but does not
physically attach those documents, the Court may nevertheless consider such documents.
Jackson v. Quality Loan Serv. Corp., 186 Wn. App. 838, 844, 347 P.3d 487 (2015) (citing
11
Rodriguez v. Loudeye Corp., 144 Wn. App. 709, 189 P.3d 168 (2008)); In re Stac Elecs. Sec.
12
13
14
Litig., 89 F.3d 1399, 1405 n. 4 (9th Cir. 1996).
Judicial notice of Exhibits 1 through 8 is appropriate because they are true and
15
correct copies of official records of the Snohomish County Recorder's Office, whose
16
authenticity is capable of accurate and ready determination. ER 201(b); Castillo-Villagra
17
v. INS, 972 F.2d 1017, 1026 (9th Cir. 1992).
18
judicially noticeable because they are referred to in the Complaint or form the basis of
19
Plaintiffs' claims, and their authenticity is not believed to be in question.
20
21
22
III.
Further, some of these documents are
CONCLUSION
In consideration of the foregoing points, authorities, and arguments Deutsche Bank
respectfully requests this Court take judicial notice of the attached instruments and
23
documents in connection with ruling on its Motion for Summary Judgment.
24
I 00047/001374/02269287-2
25
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANTS' MOTION
FOR SUMMARY JUDGMENT-3
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
701 PIKE STREET, SUITE 1560
SEATTLE, WA98l01
PHONE: 206/492-2300
Page 3232
1
2
DATED this
22 day of_·~-------~' 2019.
3
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
4
1?~f-n___
5
Delian P. Deltchev, WSBA No. 36908
Ann T. Marshall, WSBA No. 23533
701 Pike Street, Suite 1560
Seattle, WA 98101
Phone: 206-492-2300
Email: [email protected]
Email: [email protected]
Co-Counsel for Defendant DEUTSCHE BANK
NATIONAL TRUST COMPANY as trustee for
Morgan Stanley ABS Capital I Inc. Trust 2007-HE2
Mortgage Pass Through Certificates, Series 2007.
6
7
8
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10
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13
14
15
16
17
18
19
20
21
22
23
24
I 00047/001374/02269287-2
25
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANTS' MOTION
FOR SUMMARY JUDGMENT-4
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
701 PIKE STREET, SUITE 1560
SEATTLE, WA 98101
PHONE: 206/492-2300
Page 3233
DECLARATION OF SERVICE
1
2
I hereby declare under penalty of perjury of the laws of the State of Washington and
i1"1;; <J~
3
the United States of America that on this
4
caused to be delivered a copy of the foregoing in the manner indicated:
5
6
7
8
9
10
11
12
13
14
15
16
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18
19
20
21
22
23
Scott E. Stafne, WSBA No. 6964
STAFNELAW
239 N. Olympic Ave
Arlington, WA 98223
Attorney for Plaintiffs
Robert W. McDonald, WSBA No. 43842
QUALITY LOAN SERVICE
CORPORATION OF WASHINGTON
108 1st Ave South, Suite 202
Seattle, WA 98104
Attorneys for Defendant Quality Loan
Service Corporation of Washinf!ton
R. July Simpson, WSBA No. 45869
Alicia 0. Young, WSBA No. 35553
Assistant Attorneys General
OFFICE OF ATTORNEY GENERAL OF
WASHINGTON
7141 Cleanwater Drive SW
P.O. Box 40111
Olympia, WA 98504-0111
Attorneys for Defendants State of
Washington, Governor Jay lnslee, and
Attorney General Robert Ferguson
Lyndsey M. Downs, WSBA No. 37453
Geoffrey A. Enns, WSBA No. 40682
Deputies Prosecuting Attorney
SNOHOMISH COUNTY PROSECUTING
ATTORNEY
Robert Drewel Bldg./Admin. East
3000 Rockefeller Ave, M/S 504
Everett, WA 98201
Attorneys for Defendants Snohomish
County; Snohomish County Auditor
Carolyn Weikel,· Snohomish County Clerk
of
,
2019, I
[X] By United States Mail
[ ] By Legal Messenger
[ ] By Email:
[ ] By CM/ECF E-Service
[X] By United States Mail
[ ] By Legal Messenger
[ ] By Email:
[ ] By CM/ECF E-Service
[X] By United States Mail
[ ] By Legal Messenger
[ ] By Email:
[ ] By CM/ECF E-Service
[X] By United States Mail
[ ] By Legal Messenger
[ ] By Email:
[ ] By CM/ECF E-Service
24
100047/001374/02269287-2
25
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANTS' MOTION
FOR SUMMARY JUDGMENT-5
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
701 PIKE STREET, SUITE 1560
SEATTLE, WA 98101
PHONE: 206/492-2300
Page 3234
2
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6
7
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16
17
Sonya Kraski; and Snohomish County
Examiner of Titles & Legal Advisors to the
Registrar Jane Doe
Sara J. DiVittorio, WSBA No. 33003
Deputy Prosecuting Attorney
SNOHOMISH COUNTY PROSECUTING
ATTORNEY
Robert Drewel Bldg./Admin. East
3000 Rockefeller Ave, MIS 504
Everett, WA 98201
Attorney for Defendant Snohomish County
Judges Appel, Bowden, Dingledy, Ellis,
Fair, Farris, Judge, Krese, Kurtz,
Langbehn, Larsen, Lucas, Okrent, Weiss,
and Wilson
D. Jeffrey Courser, WSBA No. 15466
STOEL RIVES LLP
760 SW Ninth Ave, Suite 3000
Portland, OR 97205
Attorneys for Defendants Deutsche Bank
National Trust Company; Morgan Stanley
ABS Capital I Inc. Trust 2007-HE2; Select
Portfolio Servicing, Inc.; and Mortgage
Electronic Recording System, Inc.; and
Co-Counsel for Defendant Deutsche Bank
National Trust Company as trustee for
Morgan Stanley ABS Capital I Inc. Trust
2007-HE2 Mortgage Pass Through
Certificates, Series 2007
Signed this
-Z'J ~
of
[X] By United States Mail
[ ] By Legal Messenger
[ ] By Email:
[ ] By CM/ECF E-Service
[X] By United States Mail
[ ] By Legal Messenger
[ ] By Email:
[ ] By CM/ECF E-Service
J~- '. 2019 at Seattle, Washington.
~
18
19
Kari-ie Blevins, Legal Assistant
AFRCT,LLP
20
21
22
23
24
I 00047/001374/02269287-2
25
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANTS' MOTION
FOR SUMMARY JUDGMENT-6
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
701 PIKE STREET, SUITE 1560
SEATTLE, WA 98101
PHONE: 206/492-2300
Page 3235
· EXHIBIT 1
Page 3236
200610110833.001
'i
1111111111·1111111111
1t•11:
Re(um To
~ew Centi.I%}' Mortgage
CQrpo:r:at1.on
18400 Von Karman, Ste, 1000
Ir.v1.ne, CA 92612
Assessor's Partel or Account Nilmbet OO.SS14-000-089,-QO
AbbnWiated Legal Descnpt1on LO'l' 89, PLAT or MINBOW SPRINCiS, VOL. 19, P 32-33.
[lilclude lot, block aod pla1 or sectioli, IOWIISbip and range)
FIRSr AMBQICAN TI'l'LE
Trustee
Full legal descr,puon located on page U
Add1tlOl!lll Grantees l~ated on page
..;..__......,_ _ _ _ _..;__ISpace Abo¥< Tho Liar For Rttord1111D•t•i------------
DEED OF TRUST
00/ 6.?
M~945
FIRST AMERIC~N
DEFINITIONS
Words used m multiple secuons of this document are defined ~ow and other words are defined m
Secn<ins 3, 11. 13, 18,. 20 and 21 Certain rules regarcbng tiie usage words used m this document are
also provided in Section 16
(~) "Security Instrument" means thlS document., whtch LS dared Oetober fi, 2006
together with all Riders to lh1$ document
or
~) "Borrower" 1il Cht1.atopher B Larson., A Marr1.ed Han ••• Hae Sol.a and sepuate
P.r.operty
·
Bonower ,s dle trustor under Uus Security ln.~rument
(C) "I.ender" 1s New Century Mortgage Corporat1on
WASHINGTON-Single Famdy.fcnnle Maenmldle Mac UNlRlRM IHSTRUMENT M™. MER5
- -..-4.\(WA) (0012) 03
- ~ 1 of 15
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Fotrn
2794
:t048 1/ 01
CM·
\IMP MORTOA_GE !ORMS - (800)521-7291
Non-Order Search
Pag~ l of 20
Doc: SN:2006 200610110833
Page 3237
Requested By: bZUlllga, Pt:lnted: 8/1/2017 9:52 AM
200610110833.002
Lcnderu a <:o.rporation
organized and ex1stmg under lhe Jaws of Cal:i.forni.a
Lcnder'saddress1s 18400 Von~•~• Su,i.te 1000, Irv1ne, .CA 92612
(D) "1hrstee" 16 l!'IRST AM&RICA!i TITLE
(E) ilMERS" 1s Mortgage Electron1c Registrallon Systems, Inc MERS 1s a separate corporation that 1s
solely as a nommee for Lender and Lender's SUQ:CSSO~ and asstgll$ MERS ls the benefldary
11nder this Security Instrument. ME~S IS organized and existing.under the Jaws of Delaware, and has an
;illdress. arid telephone number of PO Box 2026, Flint, MI 48501,2026, tel (888) 679-MERS
(F) "Nde" means the prom1$$0ry note ~1gned by Borrower and datc:d Octotier 6, 2006
The Note slates dial Borrower owes l..eiider TWO BDNDRED l!lIGJi'.l'DN THOUSAND ~D 00/100
Dollars
(U S $218,000 oo
) plus interest Borrower has protn1sed to pay lblS debt m regular Penod1c
Payments alxl to pay the debt m fill! not lat~ than 11/01/2036
(G) "Property" means the property that 1s described below under the be!l(l1ng "Transfer of Rights m the
~Illig
J>roi,erty •
.
'
(H) ''Loan" meaM the debt e v t ~ by the Note, plus m~si; any prepaymeJlt cbaf'lles and late charges
due uJ)der the Nott, and all sums due under flus Secnnty lnslrumcnt. plus interest
(I) ";!Wen" meJ1ns all Riders to this Sccunl)'. Instntmeat lhat are executed by Borrower the following
Riders veto be executed by Borrower [check box ai. applicable]
:§,.·.
·. .',A.dJO.sta.ble Rate
,.Balloon Rider
VA Rider
Rider
§.
Condom1.mum... R1d.er
· Planned Umt Development Rider
l:hweeldy ~ t Rider
~
S·econd..
...
H(?mc. Ruler.
l-4 Family Rider
Other(.s) [specfy)
Prepayment lb.dor
(J) "ApJllcable Law" means all ,controlling apphcable fedml, slate and la<;.al statutes, regulatmns,
ordinances and adnull!Sl@Ove rulC11 and qrdCB (that have the effect of law) as well as all apphcable final,
fl(m-appeilable JUdictal opm1ons
(K) ''Community Assl!Cladon Dues, Fees, and ~sments" means all dues, fees, assessments and other
~ . that are imposed on Borrower or fhe Property by a condoouoium association. home()wners
assoc1ahon or similar orgamzat1on
(L) "Eie(tronic. Funds Transfer" mean.~ any transfer of funds, Olher l)tiln 'a transaction ongmatcd by
~k. cJra~ or s1rmlar paper tnslnlme:at, whtcb. 1s 1n11lated through. an eleclr:qruc termmal, telepl!omc
1Mtrument, computer, or magnetic tape so as to order. 1ostruct, or autbonze a financial mst11Ut1on ro debit
or ci'!:dit :iii acci>uilt Such tetm includes, but 1s not limited to, po11it--0f-,sale ttansfers, automated teller
maclnne •~nsacttons, traf!Sfets ,muaaed by acltj,hone, wire 1ransfers, and automated clearinghouse
cnnsfers
(M) t•~row Items" means those items that are descnbed ID Se!:f1on 3
(N) "M&ceUaneous Proceeds" means any compensanon, settlement, award or damages, or proceeds paid
by an, thud pany (ot~ thari ~urance proceeds paid under lhe c;ovmgca,descnbed Ji! Section 5) for (1)
dattuige to, or destruction of, the Property, {11) condemnation o r ~ talnng of all or any part of the
Property. (111) conveyance m lieu of condemnit101i, or (1v) misrepresemmons of, or onnssso~ as 10, the
valu1rand/or condition of the Property
(0) "Mottgage Insurance" ri1eans IMllf.lnce pi'O(cct1ng Lemler against the nonpaymcnl or. or uefault on,
the Ulan
(P) "Ptrl~dlc Payment" means lhe regularly scheduled amQWlt due for (1) pn!li;tpal and mterest under the
N'oic, plu.~ (u) any a,,nounts uli!fer Sectaon 3 Of this Security Instrument . rt·.·.··...
,-,;,,. ..
Initials , .
-~(WA){0012}03
Non-Order Sei!rch
Doc: SN:2006 200610110833
Page2ol 15
Page 2 of 20
Page 3238
··
.-9 4
- . r.
7
,
··
Fonn3041 1101
llequested f!y; bzuniga; Printed: 8/U2017 9:~2 AM
200610110833.003
of record Borrower warrants and wtll defend generally the utle to the Property against all ct.aJms aiw
d"'1lll!nds, sub;ect to any encumbrances or record
THIS SECURITY INSfRUMENT combines unifonn covenants for national
U$C
and non-un1fonn
covenants wllh lnrutcd vanattons by ;unsd1ct1on to cpnsutute a umfonn secunty 10st111ment covenng real
property
UNJFORM COVENANTS Borrower and Lender covenant and agree as follows
1.. Paym~t of Prlnclpal, loterest; .Escrow 1tell1$, Prtpaymeat Cb'1'ges, and Lisee Charges.
Borrower shall pay when due the principal of, and utterest on, die debt evidenced by the Nore and any
prepayment charges and late charges due under the Note Borrower shall also pay fund$ for EsCT!>W Items
pursuant to Section 3 Payments due under the Nore and tlns Secunty ~ment shall be made Ill U S
currency However, 1fany check or other mstrument received by Lender as payment under lh.e No<e or this
Securrty· Instrument is returned to Len!1er unpaid, Lender may require that any or all sl)bsequent paymenrs
due under the Nate and this Secunty Instrument be made in one ot more of the following fonns; u
selected by Lender (a) cash, (b) money order, (c) certified check, bank check, treasurer's clteck or
cashier's check, provided any such check 1s drawn upon an 1nst11Ut1an whose deposits: are insured by a
federal ag,enc)', 1ns1rumentality, or entity, or (d) Electronic Fonds Transfer
Payments are deemed n:ce1ved by Lender when received et Che lcxallon c!esignated in the Nole or al
such other Jocllhon as may be. designated by Lender m 2C®rdance with lhe noj.,cc prov~ops .1n ~hon 15
Lender may rehlm any payment or partial payincnt 1f the payment or partial J!8YIDCnls ate 111.11iftiC1ent to
bn11g the Loan current Lender may accept any payment or partial payment 1nsuff1C1enl 10 brmg .14e. Loan
culTCfll, wuh0ut waiver o( any nghts hereunder or preJwhce to ,ts nghl$ to ~efuse S11Clt payment or partJal
payments in the future, .bui Lender .1s not obhgated to apply sueh payments at tbe tune .such payments. arc
aa:epted Jf each PenQdic Payment IS applied as of its scheduled due dale,. lhCll ~
l1ecd not pay
mten:st on unapphed funds Lender may bold such unapphed funds until Borrower mal(es paymCflt co brmg
Ille Loan cunent If Borrower does not do so Within a reasonable penod or tnne, .Lend~ shall either apply
such funds or return !hem to Borrowet Jr noi applied earlier., such funds wall be applied to Ille outseandmg
pr111c1pal balance under !he Note. 1mmed1ately pnor I<> Coreclosu~ No offset or claam wbJ.cb :Borrower
might have now or in the fuhlre aga111.u Lender shall relieve Borrower from malong paymen!S due under
the Note and this Secunty Instrument or perfonmng the covenants and agreements gcured by tfus Security
lnsttumertl
l, Application of Payments or Proceeds. Extt')>t as otherwise descnbed m this Section 2, all
payments ateeJJted and applied by Lender shall be applied m the followmg ord~ or pnonty (a) interest
due,under the Note, (b) pnnc1pal due under the Note, (c}amounts due under Section .3 Such pay~ts
shall be applied to each Penod1c Payment m the order in which ll bccamedue Any remaining amounrs
sbalLbe applu:d first to. late charges, second to any other amounts due under tins Sec,inty Instrument, and
then to .mluce the J)nnc1pal. balance of the Note
If Lender receives a payment from Borrower for a delinquent Penod1c Payment \\'h1Ch includes a
sufficient a111QUnt to pay any late charge dlie, the payment may be apphed to Ille dehnquent pay~nt !l1ld
the late charge If more th.an one Penodic Payment 1s outstanding, ~er may apply 1IDY payment received
from Bonowcr to the repayment or the Penodtc Payments 1f, and to Che extent ~
~. paytJ1ent can be
paid in fldl To the txtent tba1 any exc,ess existS .after the payment is appl~ 16 the full p ~ of one or
more Per1od1c Payments, such excess lllllY .be applied (o any late charges dt.ie Voluntary prepaymeiltS shall
be applied first to any pnpayment charges and then as descnbed i n ~ NC>te
Any .appllcat1Q.n of payments, 1nsura~ proc~s. or MiscellaneQ!!Ji P ~ to pnnc1~
UJider
the Note ~I not extend or p,stpoile the due date, or dlai1ge the amount, of~ Pcnodie Payments
3, Fumfs for Escrow Item~. Borrower !jh~I pay 10 ~
on die day P!'l'illd1c Payments are due
v.nder the Note, until lhe Note is paut m full, a !illrn (the "Funds") to provide for payment of amounts due
for (a) taxes ud ~en~ and other 1t~ w,h1ch can 1111a10 pnqnty over tb,s, $ecUnty I~trumem ·~ i!
lien or encumbrance. on the Property, (b) leasehold paym~ts or grquitcl renl$ Oil~ Property, If any, (c)
premiums for any· and all insurance required by Lender under St\Ct1on :S, and (d) Morcgage l11Sllra11te
pt!:nuums, 1f aoy, or any sums payable .bY Borrower to Lender 111 h~ of the paYftlent of 11,(c>~g~ge
Insurance premiums 1n accordance with ~ pi:ov1swns of Sect1011 JO . ~
items ~ called "Escrow
due
Jtenis..:• Al. ortgt··· nation or at any time during the t ~ of.the Loan,·•~.
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(Q) ''RESPA" ~ns Ille Real E~te Settlement Procedures Act (12 lJ SC Section 2601 el 5eq) and its
1mplem.ent1ns regulat1oa, Regulauon X (24 CF R Part 3500), as they m,gbt be amended from t'1me to
<ulie, or all)' add1t1onal or @ccessofleg1slat1on or r~till!tton Chat govenis.the smne subJect matter As used
in this Security Instrument. "RESPA" refers to all requirements and .restnct1ons dial are imposed ni regard
to a "federally related moqgage loan" even 1fthe Loan doe5 not qualify as a ~federally related mortgage
loan• under RESPA
(R) ''Suceessor in Interest. or Borrower" irtelim any party that has. taken title to the Propm:y, whether or
not that' party has assumed ~ r ' s obltgattons under the Note and/or On~ Secuo!Y (~runic~
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Securuy Instrument is MERS {solely as nominee for Lender and Lender'&
successors ind asS1gns} and the i;µcces$0fS and assigns of MERS T!11s Sect!nty Instrument SCCl!tes to
Lender (1): the repayment of lbc Loan,. and all renewals, en~1011S and mod1ficat10~ or the Note, and (11)
the performance ofBorrower's covenants and agreements under this Sea11'1ty Instrument and the Note For
tins purpose, ~rrower utcvocablt grants and conveys 10 Trustee, m trust, with power. of sale, the
followmg de.1enbed )mJ~ ~
:. . , tJu;
. Ci:iunt:y
(Type of ·Rca11d1ng IunsdJCtJoli)
of
. . . ,.,.
·.m
•:>n c:ih .
fNamcofRtCOl'Chn& JunrdicllOnJ
See Legal De4cnptJ,on Attached liereto and ~de a Part Hereof
Pal'\;el ID Number oossu-ooo-OB9•00
11914 167tb DIUVB NE
which cun:ently bas the address of
f~I
Arlington
ICilyJ ,
Washington 98233
(Zip CoclcJ
("Pl'OJ!j!rty Address")
TOGETHER wrtH all the improvements now or hereafter erected on ihe property, a~ 8,1.1
eMemenbi, appurtenances, and fixfures now or herc.tfter a paJ1 of tbe prqpetty All replaceillents and
.a(!d1t1om shall also be covered by lh1s Security lmtnuncnt All of the foregoing 1.s referred to ,n th.is
Sec~inty ln,strwnti:tt $S ·lhe: •Property • Bo~ t1~stand$ and agrees dial MERS bolds onJy legal tatie
10 the interests granted by Borrower 1n this Security lnsinamen1, but; if neces.wy ti> comply wilh law or
custom, M~S (as nommee for Lender and. Lender's successors and assigns) has the nght to ~erclSC any
Of all o( those 1ntc;rt!sls,_ m<;l!Jd1ng, but .l!Of ltQUted: Jo. th.e nght to foreclose.
sen the Property; and to
fak!,l ariy aetlon. ~
or· Lemler 111chid1ng, but not :1t1n11ed 10, releastng and canceh~ th~ Securtl)'
Instrument
Bl)RROWER C-OVENAN'l'S that Borrower 1s lawfully se1~ of lbe estate hereby conveyed and bas
ana
the. .r,gb.Ho. p ..
t
and
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Assoc1auon Dites, Pees, and AssessmtnlS, 1f any, be escrowed by BorroWCJ, and such dues, fees and
assessments shall be an Escrow ltem &mower shall promptly fiuntsh to Lender all notices of amoonts to
be paid under dus Section Pc>rrower shal/ pay Lender the Funds for Escrow Items ~nless Lender waives
JJorrower's obhgalllm to pay the Funds for any or all EscrQw ltems. ~
may wa.ive Borrower's
obligation to pay to Lender Funds for any or ail Escrow Jrems II any time Any such. wani.er may only be
m wnting ln the event of such waiver, Borrower sbali pay direclly, when and where payable, die amount,
due f11r w Escrow Items for which pll)'meilt of funds bas been waived by Lender and, 1( Lender req111.r~.
shall furmsh to Lender receipts evidenang suqi pa}'DlCml wtthm such time penod as Lender may require
Borrower's obhgat1on 10 make such payments and to provide receipts shall ror all purposes be deemed to
be a covenant and agreement contatned m dus Sci;urtty 1:nstrument, as the phrase "covenant and agreement•
1s used m Sectton 9 If Borrower 1s obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the arnqunt due for an ~ w Jtem, Lender may exen:1se 1L<1 ngbts under Seclion 9
and pay such amount and Borrower shall then be obligated Ullder Section 9 to repay to Lender any such
amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given m
aca>rdall(:e With Section 15 and, upon such revoca1100. Borrower shall pay to Lender all F\inds, and m
sucb amounts, that an: lhen requned under lhJS Section 3
'
Lender may, at any tnne., collect and hold Fun4 in.an amount (a) suffie,ent to ~11 Lender to apply
the Funds at tile llr,ie spi;cdit,'d under RESPA, and (b) not to c-xceed the maximum amount a lender can
requJie under RESPA Lender shall ei;t1mate the ~
or Funds due on the basis of current data and
~sonable estnnates of expenditures of future Escrow Items or otherwise m accordance with Applicable
Law
The Funds shall be held m an 1nst1t11t10n wJiose deposits are insured by a fede~ agency.
mstnnnentalny, or cnnty {utcludmg Lender, tflender ,s an mstttution whoi;e deposits are &oJIIS1Jred) or m
any Federal Home Loan Bank Lender shall apply tlie Funds to pay the Escrow Items no later than the time
spcclfil;d ilnder RESPA Lender shall not cbarge JlolTQWCt for holding and applymg the Funds, ~ually
analyzmg the C$Clow account, or venf'yi,ig die Escrow Items, unJess Lender pays Borrower interest on die
Funds and Applicable Law penmts Lender to make such a charge Uriless an agreement ts made 111 llintmg,
or Applicable Law requues interest to be p11:td on the.Funds, Under shall not.be requ1n:d IO•pay Bom;,we,r
any mterest or earnings on the Funds Borrower and Ltnder can agree m Wntmg, however, that mtetest
shall lie Nld on the Funds Lender shali give to Borrower, without charge, an annual accounlmg of the
Funds as requ1rtd by RESPA
lf there 1s a surplus of Funds held 1n escrow, as defined under RESl'A, Lender shall account to
Borrower for the excess fumk m accordance W!lh RESPA If there L~ a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Bono~ as reqom:d by RESPA, a!ld Borrower sh;ill pay to
Lender the amount necessary to 1J1ake lip the $ottage m accordance with RESPA. but m no more than 12
monthly payments If there ,s a defic1cmcy of Punds tlekl m escrow, as (Jefined UJlder RESP A. Lender shall
notify Borrower as required by RESPA, apd Borrower shall pay to Lender the amount necessary 10 make
up the defic•~ m ae<;ordance with RESPA, but 1n. m'.> more than 12 monthly payments
Upon payment tn fuJI of all sums ~red t,y this Secµnty lmtrument, Lender shall promptly refund
to Borrower :,my Funds held by Lender ,
·
4. Ch111:ge$; Lieus. J!Qrrow!!f shall pay all laXes, assessments, charges, fines, and 1mpos111ons
attributable to tbe Property which ~n atiam pnoncy over ihis Secunty In.\lrumcnt, leasehold payments or
ground rents on ~e ~ . t.f an:y, and Commumry Assoc1at1on Dues, Fees, .and Assessments, 1fany To
the extent that these tlem.'l are Escrpw Items, Qonower shall pay lltem 111 the manner provided m Section 3
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Borrower shall promptly dlsclwge any hen winch has pnonty over Uns Secunty Instrument unless
Borrower (a) agrees in writing 10 the payment of the obhgat1on &ecured by the hen 111 a manner aa:eptable
to Lender, but only so long as Bofl'Qwer .IS petfonnmg suc:b agreement, (b) contest5 th.e hen Ill good fatth
by, or defends agamst enforcement of the llen m, legal proceedmgs which m Lender's optruon operate to'
prevent the enforccmait of the hen wMe those- proceedings are pending, but only unttl such proceedings
are concluded, or (c} secures from the holder of die hen an ~
satisfactory to Lender subord111a11ng
the hen to this Security lnstrument If Lender detemunes !hat. any part of tbe Property 1.s subJ~ to a h~
whi~)I can a11a1n pnonty over this Sccunty Jnsirument, Lender may gave Borrower a notice identifying, the
lien W11Jun 10 days of the date on which !hat nouce .is g,ven. Borrower shall satisfy the hen or take one or
mpre of the actions set forth above in this Sec11on 4
Lender may requm: Borrower to pay a one-tune charge f!)r a rt!al estate tax venfica11on and/or
reporting semce us'ejl by Lender m connection with thJS Loan
5. Property Insurance. Borrower ~I keep tbe 1mprovelllffltS now ex,stmg or hereafter erected on
the Property insured tgalllSI loss by ftte, hazards mduded within the leJ'ln •extended. coverage," and .any
other hazards 111clud111g. but not hmll.ed to, earthquakes and flQOds, for which Lender requires msuram:e
nus insurance shaD be ma1111atne11 m die amounts (1nclull1ng deductible· tevels} and for the periods that
Lender rc:qum:s What Lender fflJlllf'CS pursuilnt to the preced111B sentenct,S can ~nge dunng the leI111 of
the Loan . The msurance earner prov1dmg the insurance shall be chosen by Borrowtr .subJecl to lender's
llght to disapprove Borrower's choice,. which nght shall not be .exercised urirrasonably lender may
requaoe Borrower to pay, in conneett0n w,lh this Loan, alher (a) a one-ume chmge for flood zone
determmalion, cert1fica11on and tr.ickmg SCIV1ces, or (b) a one-time charge ror Rood zone detemunat1on
and cert1ficat1on serv11:e:s and subse(J\!ent ¢barge$ each 11me remappmgs or similar changes occur wb1cb
reasonably might affect such delemunauon or cert1ficataon Barro~ .sba.11 !llSQ be responsillle for the
payment of any fees imposed by the Fedcnd Emeigency Mllllllgemcnt Agency m collJIC'C(101i with the
review ofaoy Hood zone detemunalJOn resul1u,g from an obJei;t1on by aorrower
tr B01TOwer falls .to maintain any of the coverages descnbed above, Lender may obtain , ~ e
coverage, at Lender's opllon and Borrower's expense Lender JS under no obhgat1on to puidJase any
particular type or amotlTIJ of coverage Therefore, such coverage shall cover Lender~ but m1gb1 or ni1ght
not protect Borrower, Bo.rrower's equity m the Propeny, ortlle CQnlentfl of the Propt:rty, agau~t any risk,
hazard or ltab1hty and might provide greater or lesser coverage than was previou.'iJy m effecl .Borrower
aclmowlcdges that die cost of the insurance rovezage so obralned might SJgnificaotly exceed tbe cost of
1gsurance that Borrower could have obtamed Any amounts disbursed by l,ender under tlus Section S shall
become add111onal debt of Borrower secured by this Secunty Instrument these· amounts shall bear uuen:st
at the Note rate from the date of d1.sbursement and shall be paYJble, wilh such mt~t. upon no11ce from.
lender to Borrower requcstmg payment
All 1nrurance PQltctes requm:d b y . ~ arul te!M!Wals of such pol.tc1cs i;haU be subJecl to Lender's
nght to disapprove sudl policies, sbal1 include a standard mortgage clause. and 5hall name Lender as
mortgagee and/or as an add1t1onal Jos..~ payee Lender shall have the nght to hold the pobc1es and renewal
eert1ftc111eS If Lender requires, Borrower shall prompdy give to Lender all n:ce,pts of paid prarnurM and
renewal not1i:es Ii Borrower obtalli$ any form of insurance coverage. not otherwise required by Lender,
fur damage to, or. destructu,n 9(, die Property, si!ch policy shall. andude a standard mortgage dausc 1111d
shali mamc Lender as mortgagee and/or as anadd111onal loss payee
In tile event of loss, Borrower sh.all gave prompt no11ce to the 1nsurani;e camer and Lender Lender
may make proof of lass 1r not made promptly by Borrower Unless Lend¢t and Borrower othenv1se agree
an wnung, any insurance proceeds, whether or not the UDdcrlymg 1MUrance was required by Lender, mall
be apphed to restoration or repair of the Property, tfthe restoo1t1on or repatr 1s economu:ally feasible~
Lender's secunty .1s not lessened During su~ n:pair and ~stpnillon period, µ:oder shall })ave the nght.tQ
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hold such 111surance proceeds until Lender bas had an opportunity to inspect such l'ropcrty to ensu~ the
WQrlt has been !:Qrnpletcd ~ Lender's sa11sfat1ton, prov1~ that such 1nspect1on shall be undertaken
promptly Lender may disburse proceeds. for the rcpam, and restoratJon in a sU1gle payment or ,n a series
of prQgress payments as the work 1s oomplcled Unlm an agreement lli made m wnttng or Applicable Law
requires interest to be paid. on such msurance proceeds, ~der sh.all not be requiml to pay 8QrroWet any
interest or earomgs on such proceeds Fees for public ad.JllSCei'II; or other third parues, retained by
Bonowcr Shall not be paid out of the 11\SUfllnce t)rocceds and shall be the .iQtc obhgat1on ofBorrower If
the reatorat1on or ~If IS not economically feasible or Lender'5 security would be
the
proceeds shall be applied to the sums secured by this Secunty Instrument; whedier .or not then due, with
the excess, 1f any, paid to Borrower Such insurance procecds shall be applied tn the order provided for an
:ressenc:d, msurance
Sectton2
it' Borrower abandons the Property, Lender may file, negouare and settle any available 111mrance
cla1111 lltd related matters Jf Bonower does not respond w1th1n 30 days to a 11011cc from Lender that the
utsurance catner has offered to settle a claim, th~ Lender 11111y neg9t1ate and settle the. claim. Tbc.JO"<lay
period will begin .when the notice is given In either event., <it tf Lender acqum:s Ille i'roperty under
Section 2'2 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rigbl~ to any msurancc
p~s . ~. an amoun1 not to exceed the amounts unpaid under the Note or dus Secunty
and
(b) any other of BotTOwer's ngbts (other than the nght to any refund or unwiled premiums paid by
Borrower) under all msurance policies covermg the Property, 1mo.l'ar as 511th nghts an: apphcable to Ole
coverage. of the Property l.¢lller may use the ~uram;e.procecds ~Cher to repatt orreslorc the Property or
to pay .amo\JlltS unpaid under the Nott .or tlus Secur11:y Instrument, whether or not the.a due
6. Occupancy, Borrower shall occupy, estabhsh. and use the Property as 'Borro.wer's pnnc1pal
rcstdence w1thm 60 days after the executmn of this Seamty Imcrument amt shall conturue t9 occupyr,ie
Property as Bon:ower's pnnc,pal residence for ~.t least one year after lhe date Qf ~pancy, unless Lender
otherwise agrees an vmt1ng, which consent shall not be unreasonably withheld, ot unless extenuating
•~1.
c,iaims~oes ex•~ winch are beyond Bol'TOWer's control
7, Preservatton, ~aiole11ance and Protection of the Property; lnsptttlons. Borrower shall not
destroy; dainage or 1mpa1r the Property, allow the Property to deteriorate or comnut waS(e on #ie
Property Whether or not B9rrower IS ~ufmg m lhe Property, Borrower sliall maintain the PropertY, Jn
older to prevent the Property from detenoratmg or decrca,mg 111 ~lie dl!e to its cond1tton Unless tt 1s
·detemulli!d pursuant to Secllon 5 that repair or restoranon 1s not eco~~Uy feasible, Borrower sti.dl
promptly repair the Prop:rty 1f damaged to avoid further <ktcnoranon or damage If msurance or
conderm!l!tlOn proceeds are paid m conncct,on wuh damage to, or the takmg of, lhe Property. Bonower
sbl!ll be n:spons1ble for l'epalllJlg or restonng llic Property only tf lender bas rele.tSCd proceeds. for ~
PUJJ>OSCS .Lender may d1Shurse proceeds for the J'CJ)a1rs ~· restora~ion 10 a single payment or in a series of
progress payments the work IS completN If the insurance or condcmnauon proceeds ~ i:tot sufficient
io repau or restore the Prope11y, Borrower: ,s riot relieved of Bortowcr's oohgat1on for the ci>mpletion of
such repair or restoration
Lelld~ or 11s agent may malce reasonable entncs upon and m s ~ or tJie Prl)pCl:ty If 1i has
reasonable cause, Lender may inspect the urtenor of the ,ny,toven,~1$ on the Property Lender shall give
B<irtower notd:e a1 the tame of or prl01' to such an mtenor mspection spcafymg such reasonable cause
a, Borro'f'r's Loan ~pplicatlon. Borrower shall be m default tf'. dunn,g .the Loan apphcallon
p~. Borrower Qr any persons or entitles actmg at. the direction of Jwrrowcr or "'1th Borrower's
knowledge or consi:nt gave materially false, m1slead1ng, or maccurate 1nfo,ma1tOn o r ~ to Lender
(or: faded to provuf(; Lender with matenal mformat1QJ1) 1il connecuon with the Loan Matenal
repfesent_ijbons .mcl11de, but are 001. )muted to, reprcserttattOnS contenung Borrower's occupancy of the
Property as Borro\Yt!T's pnncipa) residence
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9, Protecflon or Lender's '.Interest In the Property and Rights Oncler this Secuncy hutrument. if
(a) B01TOwer fails to perform the covenants and agreements coil1a1~ 1n this Seaint)' Instrument, (b) there
as a legal ptoccedtng that might significantly affect Lender's interest m die Propcny alid/or nghts under
Ibis Secunty Jnslnlinent (such as a proceedmg m bankruptcy,. probate, fur condemnauon or forfeiture, for
enforcement of a hen winch may attBUJ pr,onty over this Security .Instrument or to enfon-.e laws or
reglilanons), ot (c) Borrower has abandoned the Propeny, then lender may do anll pay ro, whattVer ts
reasonable or appropnate to protect Lender's interest m the Propei1y and nghts under .this Security
Jns1rumen!, 1nclud1ng prot~g anc!/or ~mg the Vl!lue of the Property, and securing and/or repamrig
!he Property Lender's actions can 1nchide, but are not lnn1ted to {a) paying any siuns'securcd by a hen
which has priority over this Secuflty lOBlromenl, (b} appearing ill court, and (c) paying reasonable
attorneys' fees to protect its interest 1n the Property and/or rights under•this Security Irt.Strument, mcllJdmg
1111 s~re:d postt1on 1.n a bankruptcy proceed11\!1 Securmg the Prwi:rty 111Clude:;, bµt is .!IOt ltm1tcc:I to,
entenng the Property to make repaars, change locks, replace or board up doors and w111dows, dr:am water
from pipes, ellf!llnate lil;!lld1ng or other code v1ola11ons. or dangerous oond1tiom, an4
utilities rum~
on or off Al,~(l!Jgb LmJer may lake acttO:n under dus Scthon 9, Lender~ not have to do so and 1s not
under any din,y 'ot obiaaatlOll to do so It IS agreed that Lender incurs no hab1ltt:y ror
talang any or all
actions authonzed under thts Section 9
Any amounts disbursed by Lender under this Scctron 9 shall tiecome addlt10nal debt of Borrower
secured by this Secur11Y lmlnllncnt lb~ amounts shall bear interest al the Note rate from (,be dale of
d1sbiirsement and shall Ile ra,yable, with .such tntercst, upon notice from Lender lo Borrower request1"3
·~re
"°'
payment
If this Secunty lnsttwnent 1s on a. leasehold, Borrower shall comply with all. the provmons of lhe
lease If Borrower acquues fee. 111le to the Property, lhe leasehold and the fee tide shall not merge unless
Lender agrees to the merger m wnung
l 0., Mortgage Jnsun111ce. If Lender .required Mort~ge Insurance as a oond111on oflllllk1ng the Loan.
Bonower sba11 paf lbe pmn1urm requ1red to niam.ra111 die Mortgage Jnsuiance m ~ t If, for any ffllsoii,
the Mcrtgage J~urau¢.coveragc requ•~ by Lender ceases to be available from the mortgage msurer that
previously provided such mmtance and Borrower was n:iqu1red to make sq,ararely desl8Mfcd payments
toward die prenuums for Mottgage lllSUJ'IDCe, Borrower shall pay the prern1Ull)S ~.nred to ol>(am
coverage subsianltally equivalent to the Mortgage Insurance previously m effect, at a i:ost substantially
cqmvaJcot to .the cost to .Borrower of the Mortgage Jnsura~ prev1ou~Jy .m effec1, from an allemale
mortgage msu~ selected by Lender If subsla!'ltially equivalent Mottgage tnsurance coverage is not
~va~le. Bonower shall coirtm.!Je lo pay to Lender lhe amount of lhe separately: designated payments that
were due when the llL'il,ltance coverage C!alSed to be in ef~I Limder 'Wtll aci:epl,
ind rdaln diese
payt,nenls as a oon-~blc l<>SS R,'Setve m lien of Mong~c J ~ :Slldl .lo.~ m,s,:rv~.shall be
non-refundable, oolWtthslandtng the fact .that the Loa1t is ultnnalely p11d an full. ind ~
~II not be
required to pay Borrower any mlelc:$1 or eammgs on such losr. rc:scrve Lender can no longer require. loss
rtSffl'C paymen~ 1f Moctg~ ln$uran.ce co~ge (m the amo1,1nt and for the .penod that Lender requires)
provided by in ~
selected by Lender again becomes ava1lable, i.s obta111ed, and Lender n:quues
stparatdy des,gnared-paymenis toward the pren11ums for Mortgage lnsutance If Lender required Mortgage
Insunmce as a condnion of ma!Qng the Loan and Borrower was n:quircd to 1118ke separately desJSnalcd
paymenis 11>ward the premumu for Mortgage I ~ . Borrower sb;ll1 pay the prermums requo:ed tQ
m11,mta1n Mort~ge ~nsutance tp effect, or to. provide a non-refundable .Joss reserve, unbl Lender's
req111rcmcnt for Mortgage Insurance ends in aa:ordancc With any written agn:ement between Borrower.and
lmtder .prov1d1~ ror BUCll tmmnallon or until 1ennmat1on 1s required by Applu:ableLaw Notlung tn lhts
Section 10 affects Bom>wer's obbganon t11 pay mtcrcst al the rate provtded 111 the N~
Mortgage Insurance rcunburses ~
(or ~
entity that pu~ lhe Note) for cert.a•n losses 1t
may incur 1( .~m>WCf does not repay 4te 1Pali, as agreed Borrower as not a party to the Mortgage
Insurance
Mortgage insurera evalQale their total nsk on all such tnsurance 10 fon:e from t,.tne IO tune, and may
enter Ullo agreements with other parties that share or modify their nu, or reduce los~ ~
agimnents
are on terms and conditions that are satisfactory to. the nt0i'tgage 1J1S11rer: and the ~¢1' parfy' (or parnes) to
th~ a ~ t s These agreements may require the mortgage insurer to make J)al'menls using any source
or 'fllncb dlat ~ mongage insurer may have available (which may 1nclllde
from Mongage
,Insurance pmruums)
,
......2794
use
Tined
'f , .
lmtima.t'
-~(WA)(CG,,12)~
Non-Order Search
SN:2006 200610110833
1'11~6al 15
Page 8 of 20
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Pfr
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Requested By:
11111
hzunlga, Printed~ 8/1/2017 !:i:52 AM
200610110833.009
As a result of these agrcemems, ~er. any purchaser or the. Note, another insurer, any remsurer,
any other entity, or any atT1.hate of any of the foregoing, may receive {directly or md1reclly) 8.lllOliiits that
<lenve from (or might be cbaractenzed as) a portion of Borrower's payments for Mortgage Insurance, m
exchange for shanng or mod1fymg the mortgage insurer's nsk, or reducing losses If 5!JCh agreement
provides that an affiluue of Lender takes a share of the insurer's risk: m exchange for .a $Ire of the
premiu~ pa,<! to die 1rwJrer, the anangcment iHiftl:n tcimcd •captive reinsurance • Further
(a) Any 111!=h agmmems_ wlll not affect the amounts that Borrower bas agreed to pay .for
Mortgage Insurance, or any other tenns or the Loan. Such agreements will not Increase the amount
Borrower WIil owe for Mortgage Insurance, and they well not entitle Bom,wer to any rel'Und.
(b) Any s.uch agl'.fflllent, wlU not aff~ the rights Borrower bas " If any • with respect to the
Mortgage Insurance under the Homeowners Protection Ad of 1998 or any other law. These rlgbts
may include the right to receive certain disclosures, to request and obtain cancellatton of the
Mqrtg\lge Insurance, to have the Mortgage Insuranc~ temitnated automatl1=ally, 1mlf/11r to r~~ve 1
refund of :aoy Mortgage Insuraaee premlam:s that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Mtscellancou.,; Proc~s are hereby
assigned to' and shall be paid to Lender
lf the Property l:t damaged, such. M1scellallCQUS Proceeds shall be l!l)phed to restoration or replUi' o(
the Property, 1f the restoration or .repair IS .economically feasible .and Le!ufer's security 1s Ml IC&Srned
Dunng such repair and n:storation period, Lender ~I have the. nghl to hold silcll Mascellaneous Proceeds
unfi.l Lciidcr has bad an opporo.ttuty t!) .mspect such Property to ensure the wo~ has been completed to
Lender's sansfiiclt0n, provided thal $UCh 1nspecl1011. shall be .undertaken p19ntplly . l.cndef may pay for Che
repairs and ~lorataon
a SlJ181C di:sbursemen( or In a sen~ of progress paymtn1$ as the Wi5rlc 15
completed Unless an ~
IS made m wtillll& or Applteable Law tequues 111teiest to be paul on sm:11
Miscelii'all£()tlll ~ . ~ s h a l l not be niqutred to pay BorrolVtlf any mtcrest or eannn~on. such
Miscellaneous Procefds If the reston11.1on or repair 1s not economically feasible or Lender's sccimty would
be lessened, the MtSCellafleQUS PrQ!:eCds shall be applied tQ tlle sums ~ured by tlus Scctlnty lnstrumcnt,
whether or not then du~. w11h !he excess. 1f any, paid to Borrower Such Mis.;ellaneous Proceeds shall be
aPJ>ltcd 1n !he aider provided for m Semon 2
In the event of a .total taking, destruction, or loss m value of the Property, ·the Miscellaneous
Prti\:eeds s))all be applied to the sums SCCUffil by tills Security l11.1tnunent, whether or !101 tl!en llue, with
the ex~. 1( any. piud to &rrower
In the everit of apartial caking, destrucllort. or- loss m value of the .Property in wbich Ille flllr nw:ktt
value of the Property munediately befote. the partial takmg, destrucUQn, or loss ui value IS equal w .or
greater than the amouru of the sums secu.red by dus Secunty Instrument 1nuned1ately before Qte p,amal
ta1C1ilg, destruction, or loss m value, unles.t Borrower and Lender otherwise agree m wrifllig, the SQRlS
secured by tlus Secunty Jmttumcnt sliall be reduced by the amount of °'e M1scellilneo1U1. :Proceeds
multtphcd by the followmg f~1on (a) .the cocal amount of the sums $CCmllld 1inmedtately be~ the
partial taking, destruc11on. or loss 1n value d1v1ded by (b) .the fair marke( varue of the Property
immediately before lhe partial ta.lang, destnJct1on. or loss m value Ar,;y balal!Ce shall be pa14 to Botro~
In lbe event of a parttal taking, destrµet1on, or Joss m value of the Property m wtuch !he fatr market
valUe of the Property 1Jllllu;d1atcly before ihc partud lakmg, destruc11°". or loss m value. Ill' less than the
amount of the. sums secured unmed111tely bcfo~ the patt1$1 takmg. destructton, or loss ,n vahle, ,unl.esl
Bonower aild Lender 01h~1se agree ,n wntmg, the Miscellaneollll Proceeds shall be l!PJ!lted to the sums
5CCiired by tJus Secuniy lns'irumem whether or not the sums arc then due
If the Property 1s abandQned by .Jo~r. c,r u. after· npt,i:e by Lender to Borrower that the
Opposmg Party (as defined m the next senrcnr.e) offen to make an award lo settk a elami for damages,
Borrower falls to respood to Lendor wnbm 30 d,a~ after the dace the nonce ls given, Lender is aulbonzed
to collect and apply die: M,~aneous . ~ e11her .to restoratl!Jn or repa,r of the Property or to the
sums~ by this Sccunty Instrument, whether or Jl!Jt then due "Oppos1jlg Party• means lhe
patty
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower bas a nght or:acuoo m
m
thud
regard 10 Miscellaneous P ~
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200.610110833.010
Borrower shall be m default rfany action or proceeding, .whether civd or cnm1nal, 1s· begun !hat, m
Lender's Judgment, could result m forfatu~ of lhe Property or other niatenal 1mpa11ment of lender's
mterest an the Property or nghis under this Secunty Instru1J1e11t Borrower can cu~ 51ICb a default and, tf
acceleration has occurred,. ~nslate as provided in Section 19, by causmg the action or proceedmg to be
di.~mL~~ W.ttb a rulmg that. ID under's Judgment, prec:ludes forfeiture of the Property or other material
unpa11J11C11t of Lender's~ t,i·~ PtOJX.'rt)' or nahts under this Secunfy Instrument The proceeds of
any aw,ard ·or claim for d.-imagg ~
are attnbutable nnlie 1mpaument of. Lender's tntm$t 1n the Property
are hen:by asstgncd and shall be paid to Lender
·
All M1scellaneoos Proceeds that are not applied to restoratmn or repair of the Pr~ shall be
applied in the order provided for 1n Sechon 2
12. Borruwer Not Released; Forbearance By I,ender Not a Waiver. Extensmn of the time .for
payment or modification of a11JOrt12a.11.on of lhe ~ums secured by .lli,~ Secunty l~ment gT3J1ted by Lender
10 Borrower or any Successor rn Interest of Bo~ shall not operate to release the llab1hty of Borrow~
or any S~rs m Interest of Borrower lender shall iloC be ~•Ted to cominence j>roceedu1gs aga1m1
any Successor m Int~ pf Borrower or t1J refuse to extend time for payment or 9(henv1se modify
amon12:auon ofrhe sunu secured by thtS Secunry lnstfiu!1enl by reason of any demand made by the ong1nal
Borrower or any SIJC(:CSSors m Interest of Borrower Any foibea(ance by Lender m exerctSJng any rtght or
remedy 1ncluifmg, 1141bout ltm1ta1tori, LelideT's atx;ept.ance of payments from thutl persom, ennues or
Successors m Interest qf Borrower or m amounts Jess dlan the amount then due, shall not be a waiver of or
preclude the ~ercrse of any right or remedy
.
13 Joint anti Several l.,labUlty; Co-signers; Succusor, and Assigns Bound. Borrower covenants
and agrees that Borrower's obhgatrons and hab1lity shall be JOmt and several However, any Borrower·who
co,s1gns thJS Secunty I ~ but does Jl()t execuce lhe Note (a •co-Signer") (a) 1s co-sagrung lh1s
Sc:cunty Instrument only to ni()Ogage, grant ~
ronvey 1hr: .co-stgnef's 1nteres1 m the Property under the
tenns of tlus Security Instrument, (b) JS not personall,Y i>bhgated to pay the sums secured by Uus Secumy
Instrument,· and (c) agrees that Lender and any other Borrower ~
agree to extend, modify. forbellr or
make any accommodations with regard to tbe terms C)f lh1s $ecunty Instrument or the Note without the
co-srgner'sconsent
SubJect to .the prov1a1ons of Seehon 18, any ~
10 IntereSt of Bonvwet wtio assumes
Borrower's obhgat1ons under lftJS Security Instrument tn wr1tmg, and is approved by Lender, .shall obtam
all of Bom>wer's ngbts and benefits under tins Secuncy JnstiuJttellt Borrower shall not be released from
Bonower's obhgauons amt bab1b1y under tins ~rity J~ment ullless Lender agrees to sudl release ,n
wnung The covmanis andagreemenrs pf this ~nty Insuument shall bind (except as provtded 1n
Section 20) and benefit the successors and assigns of l..etider
l.4. Loan Charges, Lender may chame Borrower rees for sernces performed m connect1011 with
BoJTIJwer's default, for the purpose of p,ote¢ng l.ender'a mtereat m the Property and nghl$ under tlus
Secunry Inslrurnetit, 11ic1ud1ng; bot not !muted co, attorneys' fees, prope11y mspect1on and vatuatioo fees
Jn,~ga,d to any other fees, flte absence of
autbonty 111 thu Secunty lnsll'llment tQ charge a spectfic
fee to Borrower sball not be constlUCd as~ prol11b1tton on:fue,clw't1ng or 1ud1 fl.'l: Lender may lii>I ~
fees lhtit are eXP.r$l)' prol11b1ted by tlus $:c:Unty l ~ e>,r ~yA.ppl~le Law
If the Loa.n IS subJect to a law whu:h sets, max1mlittl'loan chargc=s, and tbal Jaw 1~ (il'lally m!iirpietec.t ~
1hat the mterest or other loan charges collected or ta be collecced m connection with the Loan ex:ceed the
penmttt:d lio11ts. dlen . (a) any such loan charge shall be..~
by the a.mount necessary to reduce die
charge to ihe penmtted lirtut, and (b) any sums already collected from Bonower which exceeded pemutted
hm,ts will be refunded lo BoJTOwet lender may choose to make U11s refund by nlducmg lhe pnnc11)l!I
owed, under tb~ Note o.r by makmg a direct payment n> Bor:rower If a .refuncl red~ pna.:ipal, ibe
redilctton will be treated as a partial prepayment w1thoui any prepayment charge (whether or oot a
prepayment charge is provided rot under the Note) Bonower's acceptance of any such refund made by
direct ~ t 10 Borrower will cons11tute a waiver of any nght of action Borrower might liavc: 811$IJl8, out
of such ov~ge
l~ Nodces All notices g1vt11 by BorroWer or Lender m connection wuh Qus. Secunty IM.rtlmcnt
DlllS.1 be 1n wntmg Any notJte to Borrower ,n connection with lhis Security Instrument shall be ~
to
exp-ms
.............. IO . . . . . ., Wbo, ttwfol
, _ ,.fA(WA) (0012) 03
Non-Order Searct,
Doc: SN:2006 200610110833
by ...
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- - - - - --·····-··-·······~ ······---·-
200610110833.011
nottcc address 1f sent by other means Notice to any one Borrower shall constitute noltce to ill Borrowers
unless Applicable Law expressly requires olherwa.se The nollce address sh.lilt be the Property Address
unless Borrowe.r has designated a substttute nollce address by notice II:)· Lender Bonower shall pmmptly
notify Lender of Borrower's change of address If Lender spcc1f':ff!$ a pl'O(($,tc for reporting Bonower's
c.bange of address, then Borrower shall only report a change of address tlirQUgb thal s~1fied procedure
There may be only one designated notn:e address under tlus Security Instrument ~ any one time Any
nor1ce to Lender shall be given by dehvenng it or .by nwhng n by first .class mail. to Lender's address
stated berem unless Lcooer bas dcs1gna1c:d another addrc:ss bY not1.ce io aortowcr Any no11cc in
connection with this Security lnstrarnent shall not be deemed fl:) have been g(ven to
unttl actually
rceei
.. ·. . vecl ..by. Len..det If any. notice ,requm:d by this Security lnslrtl..
. ment lS.·'.also.··.· rcqu.1~ unde.r AJ>Jil1cab
.. e
Law, IIJe Applu:a~le Law reqt,nrcmem wdl satisfy the com:spondmg requ1mnent. Wider this Secunty
Instrument
16. Governing Law; Severablllty; Rutu of Constnrdloa. Tots Security [11$IIU~t shall be
governed by federal law a.nd the law of the Junsd1ct1on m whtch the Property is located All nghts aild
Qbhgat,ons contauled m this Secunty Instrument are subJect to any requu-ements and bm11at10.ns of'
Appbcable Law Applicable Law imgbt c:xpl1c1dy or 1mphatly allow the parties to agree by contract or 1t
mtght be silent, but such slleru:e shall not'be construed a a pmh1b1t1on ag11mt a~n:cinent by contrlict In
me event that arrJ prov1s1on or dil1llie of this Set:uraty lmtrume:nt or the Note conflicts wrtJi Appl,c:ab.,c
Law, such conflict shall n.91 affect other proru1ons <>f lhw Secwity lmtniri\C.nt ot die Note whtd1 can be
given effect without the confhcnng prov1s10n
kt.. used m tlus Secunty l~trument (a) \\fords of the matcullne gender shaU ~
and include
ec,~mg neuter words or words of the femm1m: ~ . (b) wqtds m lhe,S111$Ullr shall ~
and
i.nc:lude'tbe plural and v,a:,venia, and (c) the wo~d wrnay• gtves sole d1SC;re11on WiJh<M any obJ1gation to
take any action
.
.
. .
.
17. Borrower's Copy. Borrower 5hall be given one copy of the Note ~.of tblS Secunty Imtrumeo!
18. Transfer of the Property cir• Bcoeflclal Interest io llorrower. ~ :used. m this Section 18,
"Interest m the Property" mea~ any lep] or beneficial interest in the Property, lfi!=lu<\1ng, but not ht)uted
to, tbose beneficial mt~ts transferred 111 o bond for deed, contract for .deed, !lllitallment sales contract or
rscrow agreement,- the mtenl of which JS the transfer of title tiy Borrower at a fulllie date to a pure~
Ifall or any part of the Property or any rntercst 1n the Property 1s sold or transferred (or 1f Borrower
IS not a natural person aild 8 benefic1al titlertsf 1R Borrower IS sold or transferred) without Lender's prwr
wnuen consent, Lender may reguue .1mmed1ate payment m full of all SUlllS s_ecuted by ~.
Sec:unty
Instrument 'However, tins option shall .not be e11erc1sed by l.,en/ler 1f such exercise 1s prolubued by
Lender
t.
Apph~ble Law
,
If ~
exerctSl!S tlus opttC!Q, .l.e,Jder shal,! give Po~ notice of accr:lcra11on The nut,cc shall
provide 8 penod of not less than 30 diys from the' date ille. nouce is grven rn accordance w1fh $ectfi,n 15
w1.-m1 wluch Borrower must pay all su~ ~
by this Sectmty lPStnunesil If Borrower falls to pay
these sums pnor ~'the expnalloll of thLS penod;:Lffliler ~.· 1nvotc any ~JC;$ penll«ted by this
Secunty Instrument wldlout funhet nonce ordemaJld on ~
19. Borrower's RJgbt to Hean.state After A~tkin. If lkm'ower •ts cenatn i:o!ld1t1ons,
Borrower shall have the nght to have enfo~t of this Secunty lnslnlitlellt dJSCOntinued at any time
•~ to .the.earli~ . gf (al five da.Y!-"lk;b:v. ~¢the P~,~suaat IQ'.~ny::~ orsatecontai1.1cd .,n
lll&s Scclinty lnstnnnelit, (IJ) such ,Olllff penocl ai ~ppltcil?IH.tw m1gbt$plldfy fqflbe fmm'1A~lll~ !>f
Bormwer's tight to rei~, or (e) Cliry of a Judg• enfon:t~. this ~ t y r ~ Those
condrl1ons are that Boiro~ (a} .pays Lender all ·sums 'i4uclJ ~
~
.b,l: 4ilt ~er lfus Sel;unty
InslJUment c1nd the Nore as if no acceleranon had occurred, (b) cun:s any default of any other covenants or
a ~ I S , (C) pays all CXJ)C11Se$ 1ilCUrred m atfot'Cll)g this Security lmtzument, anclUC,mg, but DIii lmu!ed
to, msonable attorneys' (t"eS~ pf<lPCrtY .~nspecU\'.I.R' a,nd va!~~Jeies,, ;ind ~,fe,es t11C1,irtt4 for fhe
putp9si: c,f protea1113 ~ • s t n ~ m the Prq~ and ~PIS lli!d~ thi,s s«unty,;lns!nmtent. and (cl)
lakes sucb ac:t1on as ~flder may ~sonably ~re ,to ~ · I.bat. l.ellder's · ! ~ tn 1he PJOPCl1Y mid
nghls under tlus Secunty lilSlntmCJJl, and Bom>wer's obhgauon to pay the sums.secured by thJs Secur11y
Instniineht, shall contmiie ~ e d Lertd«:T'may requite that Borrower pay such reinstatement sums and
expenses iii one or more o't die followmg forms, ~ selectild by Len4~ (a) .:ash, (11) money order, (c)
--tA(WA) (00~2) 03
Non-OrderSearc:h
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Form 3049
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Requested By: bzi.tniga, Printed: ·8/l/2017 9:5~ AM
200610110833.012
cemfied check, bank check; treasurer'.'! ciicck or casluer's check, provided any such check 1s drawn upon
an mst1tot1on whose deposits are insured by a federal agency, mstromentaltty or ellllty, or (d) Electroruc
Funds Transfer Upon JCIIISlatement by Bqnower, th.is Security Instrunv:nt and obhga11om BeCllred hereby
shall remain fully effective as 1f no acceleration had -OCCUrred Ho~ever, this. right to reinstate shall not
apply 1n the we of ae(Cfmt1on under Section 18
20. Sale of Note; Change of Loan Servicer; Notice of Griev~n~ The Note or a partial mt~ 1n
!he Noie (together with this Sccunty lnstnunent) can be sold one or more tunes Without prior not,ct 10
Borrower A sale rmght resuit ui a change m the enllty (known as the "Loan Servn;er") that coll~s
l'enodic Payments due under the Note aml'du,: Secunty Instrument and pertorm.~ ··Otber mortgage ldan.
~icing obhga110ns under the Note, th1s'.$ccun1Y Instrument, and Applicable Law There also mtght be
one or more Changes of the Loan Serv1CCr 'unrelated to a sale of the Note If there 1s a change of the Loan
Servicer, Bonower will be g,1ven wntten IIOtl.ce of the change wlµch wtll state the ilame and address of the
new Loan Semcer, lhe address to which paymenis should be made and any .other mformanon RESPA
requues m conncct,on with a notice of transfer of servicing If ~e Note IS sold and thmafter the Loa111s
sciviccd by a lAan Sav1cer other than the purchaser of the Noce, the mortgage loan setv1cmg ob11gatrons
to Borrower wm remam wdJ1 the Loan Semccr or be transferred to a sllccessor Loan Servicer and are riot
~
by the Note purcllaser unless otl)erwrse provided by the No!e purchaser
Nttther .Borrower nor Lender may commente, JOtn, or .be Joined to any ,Jud1c1al actton (~ either an
md1vidual httgant or the member of a cla.,s) thal anses from the ~er party's .actions pursuant to th1S
Securrty Instrument or ihat alleges that the other party bas breached any proV1S1on of, or any duty owed by
reason of, d11s Sealitty Instruineiil, until such Borrower or Lender has notified die other pany {w1tb silch
notJce given m compliance with the requirements of Section 15) of such alleged breach and affo~ the
other party hereto a reasonable period after the glVlng of such nofu:e to take com:cuve .aotton If
Applicable L,aw provides a lmie period which must elapse before ceftam action can be taken, that time
penW Wtll be .deemed to .be reasonable. for purposes of this parag13ph The notice of accclerahon and
opportunity to cure 8\Ven to .1!9rtower .pursuant to Secnon 22 and the notice of accel~!ton g1~ Co
Borrower pursuant to Sca1on 18 shaU be deemed to satisfy the notice and opportumty to take corrective
action pr(iil1s1ons of tlus S1:1:uon 20
2t lhzardo11.t Substances. As used m this Section 21 (a) "}Jaurdous Substances• are ~
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
follow.i.ng substances gasolme. kerosc~, other flammable or toxic petrQlcum products; tcpuc ~c1<1es
and he:lb1cules, volatile solvents, materials containing asbestos or formaldehyde, and rad1oact1ve matenals,
(b) "Environmental Law" means federal ~
and laws of the .)W'lsdteiton where the Properly 1$ located chat
relate to health, safety or environmental protecnon, (c) "Envnomnmlal Cleanup" mcludes any response
action, ~1al action, or removal acllon, as defined m EnvaronmcntaJ Law, and (d) a.o "Env1ronmenral
Cond1t10n• means a condition that can cause, cont11bute to, or· otherwise tngger an Env1romnental
Cleanup
Borrower ~II not cause .or pernut the pttsence, use, disposal, storage, .or relt.15(: or any .Haurdous
&ii>~. or fbreaten to release any Hazardous Substances, on or ,a the Property Borrowershall noc do,
iiot ~ow anyOlle .else to do, anything affectnig. the Property (a) that is in violatton ofliliy Erivicollillental
Law, (b) which creates an En.v1ronmental Cond111on, or (c) wluch, due the pmeocc, use, or release of a
Hazardous Subslance, creates a condition that advmely affects the vallle or the Property The ptteedmg
twq • ~ shall not apply to the ~ e . use, or stonige on the Propeny: of small <juanu~u:s Of
Hizardous Substances that. aie genenilly recogmzed to be appropnate to nonnal mudenbal uses and to
maintenance of tile Property (mclud1ilg, but not hm11ed to, huard01ls ~bstances m consumer prod~)
Borrower shall promptly give Lender wnttert nouce of (a) any mvesttgatum. claun, del!lllnd, lawSU1t
or oilier ai;tloµ by any goverlililffllal or regulalofY agency or pnvate party involving lhe Property and any
Hazard(llls Substance Ol' Environmental Law of which Borrower has ac.tua1 kn~e. (b) any
to
En····v.· 1ro.run..enllil.· ·.eo·,..,.., .-,,,. .,. mt hmk,11o, ny ...,,.,
7.·• .·.·.fr..·•·.
.l\
or threat or
• lJ_e,release
lllllllllll2794
Initial
~·(WA)(0012)03
Non-Order Search
Paga 12 of 15
Page 12 of 20
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Page 3248
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release of any Hazardous Subscance; and (c) any cond1t1on caused by
Hazaidoqs substance wbidl IKlversely affects the value of the Propeny
we presence, use or release of a
re Borrower learns. or IS notified
by any .govcnunentaJ or regulatory authority, or any pnvate party, that any removal or Qther remediation
of ~y Hazardous Substance affecang lhe Property is necessary, Borrower shall promptly tak!: a!I ~sary
remedial. actions m accordance w11h Envuonmental Law Nothing Jierem shall create any obh.gatton on
Lender (CX ~ Env1roM1e11tal Cleanup
NON-UN1F()RM COVEl'{ANTS Borrower and Lender further covenant and agree as follows
22, Acc:etentlon; Remedies. Lender mall give aobce to Borrower prfor to •~elenitlcm foUowu,ig
llorrower's breach of •111 ceveaant or ag~ent In this Security Instrument (but not prior to
acceleration under Section 11 unless .'\.ppllCllble Law provides otbeii$e). Tbe riohce sb@U speclfy: (a)
the default; (h) die .action required to Cl\re lhe default; (c) • date, not less than 30 days from the date
the notice is given to Borrower, by which the default must be cured; and (d) that fadure to cure .the
default on or before the date specified In the notice may result In. acceleraHon or the sums secured by
this Security lnstrumeat and sale of the Property at public auction at a date aot less than 120 days in
the· fiitliie. The notice shall further laforni Borrower of the nght to reinstate after acceleration, the
nght tG bring a court action to assert the n.oa-eslsteace or a defaull or any other ddense of Borrower
to acceletatlon and sale. and aay other matt~ required to be Included In the notice by Applleable
Law. If tbe default 11 not Clired on or before the dale specified In tbe notice, Lender al Its optum,
may require Immediate payment In fuU or all• ~IDS secured by this Securitr Instrument without
further demand and .may invoke the power or s:ale and/or any other. remedies permitted by
Applicable Law•. Lender shaU be entitled to collect all espeam Incurred Iii pursuing the remedies
provided In this Section 22, indudi!lg, but not limited to, reasonable attomeys1 fees and
of ,title
evtdcnce.
If Lendl!r Inyo~" the power or sale. Lender shall give written notice to Trustee of the
otcun'tll(e of an event or d.e.fa1dt and or Ler!dtr'.1 election to cause th.e l'ropel'fy {II he sold. Trustee
and Leitder shall take such action regarding notice of sale and shuH give such. notices to Borrower
and to other penons as Appllcal>le Law may reqmrc. After th.e tinie required by Applicaltle Law'and
after p11bllciltlon of the notice of n:le.. Tnmee, witllout dema11d on Borrower, shiall sell the Prope~
at s,ubllc au~ to the hlg!lest bidder at the time add place and ander tbe terms deslanated 1n the
notice of sale iii one or more pamls and in any order Trustee determ111es, Traitee may postpone sale
or the Property for a period or periods pemutted by Apprlcable Law by public annouaceD1ent at th!-'
time and p•ace fixed In die notice of ale. Lender or It, da111nee may purchase the Property at any
cosu
sale
Trusfff $hali deliver to the purc~aser Trustee's deed conveying the Property without any
coven11nt or '.Wllrranty, expres1ed or implied. The reeltala In the Trustee's deed •hall be prlma fade
evld$ce or the truth of the statements made therein. Tnistee shall apply th~ pnceeds or the 1ale In
the followlnc order: (a) to all expmsu of the sale. lndudlog, but not llinlted to; reasonable Trustee's
and attorneys' fees; (b) to aU sums Jeellred by this Security Instrument; and (c) any ucess to ffie
penon or pe,-ns legally tlldtled to It or to the clerk oftbe sup~or court of the county In wldch th,e
sale took piace.
ZJ. Rm111veyance. Upon payment of all sums seaued by tlus .Secunty In.sirument, Lem!er $hall
request Trustee to ~i;ivey ~e PJ'OJ)C(fy and shall ~orrender this Secunty INti'Ument and all notes
evidenc,ng debt seeured by this Secuidy llllltiument. «> Trustee Trustee shall n:co11vcy the Property
without Wl!mnt)' to ~
peison or persc,ns legally entitled ro u Such person or persons. shall pay any
rccordat1oncostsandthe Trustee's fee for preparing the rec:onv~
24. Substftut~ Trudite, In aocordance With Applicable Law~ Lender ma)' from 11,ne to
11.pPOUll
.a successor trustee to a11y Trustee appointed l\ereunder who bas teased lo ~
Wdhout conveyance of the
Property. Ille successor DUStee sbaH succeed to all IJle title, power and dutte.\ confemi.d UJl(lD Tn$tee
herem and lly Applicable Law
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25. Use of Pr'oper1y. The Property is.not used pnnc1pally for agncu.Jtural purposes
26. Attorneys' Fees. Lender shall be enullec! 10. recover its reasonable attorneys' fec!s and costs In
any. acuon ot prQCeedn:ig to construe or enfon:e any tcnn of this Secunty Instnnnent Th.e. term "llttOmeys'
fees,• whenever used m th111 Secunl)' Jnstrumen1, ihall 1ncl~ w11houl 1tm.1!a1Jon attorneys' fees ,m:urred
by Lender tn any bankruptcy ptoccedmg or on appeal
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
CREPIT, OR J'O FO~EAR FROM. ENFORCING REPAYMENT OF A DEBT ARE
NOT.ENFORCEABLE UNDER WASIDNC'J'ON LAW.
BY SIGNING BELOW, Borrower accepts and~ IO Ille rerms and ~veriants conlain,ed m lhis
Sccunty Instrument and in any Rider executed by Borrower and recorded Wtth tl
Wn~
~/-~
Chr ·.. toplier 2 : : . ; ; :
- - - - - - - - - - - - - {Seal)
-Bo~/
~)
-Borrciwu
- - - - - - - - - - - - (Seal)
.Bott0wer.
_ _ _ _ _ _ _ _ _ _,... (Seal)
. . - - - - - " - - - - - - - - , , - - (Seal}
•BortOWU
-Bo~
- - - - - - - - - - - - - - - - - - - (Seal)
•Bonowcr
- - - - - - - - - - - - {Seal)
-Botmwcr
IMlilll2794
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STAT.E OF WA.$ffiNG!!)N
I .
County of
~
• ·
On ll!is day peisonally appeared before me
Chn~pNlf" ·~. w.s:oY\
~-eAA 1.--0-t s~
to
to
::~~=:~':':Qgned
mt known
be the I~~":_'~ d$n!Jlld lil and Who ~ . the. wtth1Ji and fntetnmt HISttuD~,
the~as h1s/he~ree~d vn;_~ttand~~ofOJe
GIVEN u~ my hand and official seal 1h1S
day :c>f (.J(./0""'- t/VU\f
1
1
,.
MICHELLE L GROSHONG
lnltlals~
·•.aA(WA) (0012)<>.3
Non~er ~rch
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Date: . ~ 0 9 , 2006
FIie No.: 4228-911672 ( TC)
EXHIBn" 1A'
.LEGAL DESCRIP1ION:
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLATlliEREQF RECORDED IN VOLUME 19 OF
PLATS, PAGES 32 AND 33, RECORDS OF SNOHOMISH COUNTY, WASHINGTON.
~
SITUATE IN lliE COUNTY Of SNOHOMISH, STATE OF WAS1-IINGTON
!
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ADJUSTABLE RATE RIDER
MIN-'1945
(LJBOR Six-Month Index (As Published in Th~ W"ll Street Journli/)-Rate Caps)
2 YE;AR RATE LOCK, 5 YEAR INTEREST ()NLY PERIOD
THl!i.ADnJST~LE RATE RIDE!Us made this 6th
day of Oc:tDber, 2006
,
and 1s tni:oxporatcd mto ·and shall be deemed to amend and supplement lite Mortgage, Deed of Trust, or
Secunty Deed (the "Secunty lnstrument'1 of the 68.me date given by the 11mlers1gned ("Borrower") to secure
Borrower's Adjustable Rate Note (the "Note") to
NewCe"11Jly.~ottgage C q ~
("Lcndet")'oflhc same elate lilid tomir!g the property dcscnbeJ 1n the Sccuntylnstrument and located at
.
11914167ih DRIVE NE, Mngton, WA 98233
(Pmpeny Addnss)
TH.I: NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST
RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE MAXIMUM RATE
BORROWER MUST PAY.
ADDITlONAL COVENANTS In addition to the covtilants and apmcnts made 1n 11\c Secupiy
Instrument; Borrower ~d Lender fiuther cov~nt and agree as follows
A.
INTEREST RATE AND MONTIJLY PAYMF.NT CHANGE-5
The Notc provides for. an inmal interest rate or
changes m. the lllt\lrest rate and rnonllily pa}'l!lents as follows
4.
7,275 % The Note provides for
INTEREST RATE AND MONnlLY PAYMENT CHANGES
(Al C1111nge Dates
The 1~en:si talt I will pay may change on the first day of Nowmoo1 2008
,
and Oii :the same day of every 6th month thereafter Each date on wh1cb my mtcn:st l')ltc could change
caflcd 1111 ''lntcrest Rate Qiangc ~
"
IS
{B) The Jades
Begmnm,g Wttb the first Intc:n:st Rate Change Date, my mtcrcs.t rate will be based on an Irtdcx plus a
margin Th.c "Index,; 1s the average of interbank offered rates for s1x-montbdollar deposits 111. the Loodo.n
market ("LIBOR"), !IS pubbshcd 1a The WaU Street Journal "Monc;y Rates" Table The most recent'.lndex
figun, avatlable as of the first bustncs:s da:y of the month unmed1atcly prcccdmg the ,month III which die
lnta"c;$t ~
Change Date OCCDJ5t5 called tl!c "Current fndcx "
·
If the Irtdcx 1s no longer avadable, the Note Holder wall choose a .new andel( that ts based upon
comparabl11 mfom,at100 The Note Holder will g1vc menobce ofthJS chosee
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(q Calculation or Cbaiiges
On each Interest Rate Change Datt, the Note Holder will calcula1c my ttt;W interest rate by addmg
SIX And FM! Hundredlh(s}
percentage points (
G,050 %) to the
Current Index The Note Holder will then round tbts figure co the nearest one-eighth of one percentage point
(0 125%) SubJcct to the hm1ts stated m Section 4(D) below, this amount will be my new mterestrate unl11
the next (nterest Rate Change Dale
(1). lnterest..Only Period. Tlie "Jri~t-only Penod" L~ the pc~ from the cliltc of tb11 Note
thrbugh November 1, l0U, callc4 :• •Arnol'QZlitton Start .Date • Dunng the lntcrnl~illy
Period, my monthly payments wtll only pay the interest I owe Dunng the (ntcrcst-only Penoo,
t1ic Note,Holdetw1ll ca4ulatc the amoll'llt of my monthly payment to be onc,twe!Rh ( I/12th) of
u,,e (1 ):~$ n,t~st at the UI~ app~l:!l,J;,le mte.rcst rate The tcSUI~ of this calculation will be the
~m 9fmy 11191iiblypajinentunt1l cliqcd
(ii) Amortization Period. Begtilnmg on thc. Amott1zat1on Date my monthly payments will
include pnnc,pal Starting on tile Amort17.llbon Stan Date and. C®ltnumg untd the Matunty 0.te,
oil each lnten:st Rate Cliangc Pate the Note Holder will calculate the amount of the monlhly
payment that would be sufficient to fully repay the rcmaimng unpaid pnnctpal tn equal monthly
J>llymcnts by the Malunty Date at the m:w mtc:rcst rate, assummg, for p1uposcs of each
celculatton, that· tbe tnlcrelit rate did 001.changc agam The. result ofthtS calculation will be the
new amount of my monthly payment until the next Interest Rate Change O.te
(0) Ltmk on Interest R•te Changes
The mt~st fllte I am tc:qu~ ~o pay ar the fust Change Date W!JI ~.ot be ~
than 1.,275 %
9.115 .% Qf l(!ss
TI~ner,.my i n ~ me.will ni=vet be mere#~ or dc«easedon any ~nglc Interest Rate
Change Date by more than~ •~ one . h a l f ~ pomts (1 5%) from thl;;r•te of 1nterest 1 have l>tea
paymg (Qr fl!c p~111g trlQPlh ~y mt~~c wlll Iii:~ be ~tcr t~J4.27$:~0T. k" lhan 7.275%
{E) Effectlve•Dafe t1fChanges
My new mt~ rate win bec9ine effective on ¢acb liltcrest Rate Cliangc Date I will pay the amount of
my new monthly payment beginmng on the fust monthly payment date after the lntc:rC5tRate Change Date
unttl the antl)unt ofmy ~~ly paytnent changes aga111
(F) Notice of Changes
The Note Holder Will deltvct <ir mad to me a.no11ce of any changes ,n my interest rate and ·the amou.nt
or my monthly payment at least 25 days b<;fcm; the cffi:ct1:vc date of any change. The i'lot1cc \'\'Ill include
mf'ormanon requued by law to be .given lo me aod also the title and telephone number ofa person who will
answer any q\lestaons I may bavc regarding the i'lollce
'
l 1. GOVERNING LAW - SECURED NOTE
The Note•~ gqvc;rned by ~UaW and the law of the Jllmdtcbon m whsc)i the ~paty .Ullltietcd by.the
Secunty Instrument (ud~~ bl;ll>w) 1s localed . In addt1.1on l9.the piui~c:bon& g1vc:tt ~· die Nole Holder
11nder the Note, a M<>11gagc, Deed ofTIUSf oc Sccunty ~
(the "Sccunty f ~ ~ ) . ~cd d1.c .same date
as the N$ ~,1h.ll ~ot!!• Holdc;r from ~sstt,1¢ lOSSC$ ,""'ch m•iht. result 10 do n<Jt kcq; ~~promises
which I milfe in •Ifie .Note That Sccunty :fhstnln'ient dcscnbu how and und« wliat cond1IIO!lll l may be
l'CQ\ltrlld to make unmed1ate payment m full of all ,mounts l owe under the Note Some of those condtbOns
are ~cscnbcd as follows
NCMC
Faxed/ ARM S1x Manlh LIBOR
lntcml Oi,ly Rtd,:,- (Moltis!ale)
Page2o0
1111112794
RI!-«! (051005)
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B.
TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER.
Un1fonn Qiv~t 18 ot'the Sc:cunty Instrument 1s amended to read as follows
Transfer of the Property or • .Btnefidal lnte~ tn ~n"ower.lf alt or 111\Y pt.rt~ t h ¢ ~ or any
mtcrest In It rs sold or trwfurrcd (ot tf a beneficial mtittst in
1s sqld OI'. ttnJtsferi'cd l\fl4 Bom>wer
1s not a natural j)Cl'SOn) without Lender's pnor wntten cunmu, Lcndet may, at us option_ rcquue 1mmcd1ate
payment in &II «>fall
~Cll~ by thm ~t,ty lnstni~ However, this opttOfl shall nut be cxereiscd
l>y IA:~ ,f C)Jlerasc 1s pi'ohtbrleci'by fedcniJ .law as of the date ofth1s &~ty Instrument
su~
~wer
If i.~ ex~•~ Chis O{lttoo, ~
sh.all gtVC Bwow,erllQt1<:e Qf ~kmtt.0'1. The nebcc shall
proVide a ~nod of nqt less~ ~8.41~ ~;the date AA l)Otr~ •~ dct,y~d;.w ma.ii¢ wathtfl:wb1di
llorr9wer must pay all s~ secun:d ht tlus Security IMtrumcilt If' Bonowcr f'iils kl pay d1cse. sums pnor lo
the exparabon of this pen<id, Lender may mvokc any remcd,~ pemnttcd by.chis Sccunty li1$1tUtncnt w1th11Ut
fur1ber nohce or demand on Borrower
BY SIGNING BELOW, ·Borrow:cr accepts ;irul a~es to the terms ,and. covenartCS contamcd m this
AdJustable ~e Rider
(Slgn Ongmal Only)
NCMC
Fixed/ ARM Six Molllh UBOR
IMAl't« Only Rii!-er (Mululale)
RBi44I
(05l00S)
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PREPAYMENT RIDER
ADJUSTABLE RATE LOAN
This Prqiayment Rtder is made !111s 6th
day of octot:>qr
2006
; aJld 1s "Incorporated mto
and shall be deemed lo amend and svpplement the Prom1SSury Note (the "Note") and Mortgage, Deed of Tmst or
Security Deed (die ''Security lnstromen!") of the same date given by the undas1gn~ (tbe "Borrower'') to sc~c
repayment of Borrower's Note to
New Century Mortgago Cor:pora~on
(the "Lcndef)
To the extent that the prov1s1011s of this. Prepayment Rider are 1ncons1stent Wtlh the proviS1ons of the Note and/or
Secunty lnS4'umcni, (lie proVISlons of Ibis nder shall prevail over and sbaD supersede any such inconsistent
prov1s1ons of.the Note.and/or-Sec\lnty Instrument
'
In add1t10n to the covenants and agreements made m the Nik.and Seeunty lnstnupent, the Bott0wer and
l.cildu
filrtber covenant and agree as follows
5. BORROWERS RIGIIT TO PREPAY
I have the rigllt to make. prepayments of principal any time before they are due, A paymuu of principal
only is known ts 11 "prepayment". When I make a prepayment, J wlJI tell the N°'e Holder In wl"ffini; I 11111
doing so. The Note Holder .Will use all of my prepayments to reduce the amount or principal that J owe unlfer
Ibis Note. Ifl make a partial prepayment, there wdl be no changes In Ille due da~ of my monlhly payments
unless: tbe Note H~ld~ agtw ht writi11g to those changes. My partlol prepayment may reduct tile 11moun( or
my monthly payments 11rt,r the first Cbllllitt 1>11te filUowlng my parfotl prepaymtnt.
Jr within 2 year{s} fl'oDl the date or execution or the s«ur1ty lnstrumettt. I make I\ full
prepayment or, In certain cam a partial prepayment, and the to,a1 o:f ,udJ prepa,yment(s) In any 12-month
perk,d ui:eeds TWENTY PERCENT (20o/o) of the original prlndpol amount of this loan, I will pay o
prepayment charge irl an amount equal to the payment or sfz (6) month, advance Interest on the .amount by
which dte total of iny prepayment(s) within that 12-month period ~ceeds TWENTY PERCENT (20%) or the
original prlnclpal amount oftlu1 loan.
BY
SIGNING BEi.OW,
~..
Na«!
Prq,ay lbder-AA,M (Mulll11Atc)
RB-103
801tower accept,; and agrees to the tenns and covenants conta.med in this
tr
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EXHIBIT 2
Page 3257
f Jo
ELECTRONICALLY RECORDED
201007160380
07/16/2010 02:46 PM
201 007160SS0.00 1
1
14.00
SNOHOMISH COUNTY, WASHINGTON
ANl> ~
RECORDED MAIL DOCUMENT
AND TAX STATEMENTS TO:
BAC Home Loans Servicing, LP
400COUNTR.YWIDEWAY SV-35
SIMIVALLEY, CA 93065
u1-0 ljfjl O
TS No. 07~25
Sl'AC8ABOVE111ISUH6PORRBCOR111!R'SUSE
.. · CtRPORATION ASSIGNMENT OF DEED OF TRUST
~
.
.
FOR. VAWE RECEIVED, THE UNDERSIGNED HER.EBY GRANTS, ASSIGNS AND TRANSFERS TO:
DEUTSCIIE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS
CAPITAL I INC; TRUST 2007-BEl MORTGAGE PASS-THROUGH CERTIFICATES, SERJl'.S 2007-HEl
AIL BENEFICIAL INTEREST UNDER THAT CERTAIN DEED OF TR.UST DATED 10/06/2006, EXECUTED
BY: CHRISTOPHER E LARSON, A MARRIED MAN AS HIS SOLE AND SEPARATE
PROJ>ERTY,TRUSlOR: TO FIRST AMERlCANTITLE, TRUSTEE AND RECORDED AS INSTRUMENT
NO. 200610110833 ON 10/11/2006, OF omcIAL RECORDS IN THE COUNTY RECORDER'S OfFICE OF
SNOHOMISH COUNTY, IN THE STATE OF WASHINGTON.
DESCRIBING·TitE LAND THEREIN: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST
TOGETHER. WITH THE NOTE OR NOTES TIIEREIN DESCRIBED OR REFERRED TO. THE MONEY DUE
ANO TO BECOME DUE THEREON WITH INTEREST, AND AIL RIOHfS ACCRUED OR TO ACCRUE
. UNDER .S:AJD DEED OF TRUSTIMORTOAGE.
~4-i'}JqJt>·
,•
.'
• I• •
· • .i
~ ·: ..
~
.
:·:.. .--.-~ ~-- .
s~; ~r: . _ . _ . .OAUFORNIA )
Countyof.:' · ~ .:-
On .mt, 1 S. 2010::
· :,
VENTURA
before mi,
· ..
-~ , ' ··.: · - .:0 'He(l\apdez
}
, notaty public, perso .
·
personally known to me (or proved to me on the buis of
saiis~-~deilOe)-to be the pcrsoo(s) whose name(s) is/are subscn"bed to within iltstl:umcPt ilDCl acknowledged
·· ~iile 11iU•~s~"'ecu1ed the same lo hlslherltheir authorized capacity(ies), and that by bis/herhhoir
si~(s)~irthe-~t tbe.JMll'SOtl(s), or the entity upon behalf ofwbio.h the person(s) acted, executed the
· instrument
··
.Witness mY. b11ruf.and Qfticial seal.
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EXHIBIT 3
Page 3259
NOTICE OF DEFAULT
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24, ET. SEQ.
To: Christopher E. Larson , A Married Man as His Sole and Separate Property, and Angela R.
Larson
NOTICE IS ONE STEP IN A PROCESS THAT COULD RESULT IN YOUR
mis
LOSING YOUR HOME.
You may be eligible for mediation in front of a neutral third party to help save your home.
CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN
WASHINGTON NOW to assess your situation and refer you to mediation if you might
benefit. Mediation MUST be requested between the ti~e you receive the Notice of Default
and no later than twenty days after the Notice of Trustee Sale is recorded.
DO NOT DELAY. If you do nothing, a notice of sale may be issued as soon as 30 days from
the date of this notice of default. The notice of sale will provide a minimum of 120 days'
notice of the date of the actual foreclosure sale.
BE CAREFUL of people who claim they can help you. There are many individuals and
businesses that prey upon borrowers in distress.
REFER TO THE CONTACTS BELOW for sources of assistance.
SEEKING ASSISTANCE
Housing counselors and legal assistance may be available at little or no cost to you. If you
would like assistance in determining your rights and opportunities to keep your house, you
may contact the following:
The statewide foreclosure hotline for assistance and referral to housing counselors
recommended by the Housing Finance Commission Telephone: Toll-free: 1-877-894HOME (1-877-894-4663). Web site:
hJtn;fLw~.\V,9.fi,wa,g..9v/conRYmers/hom~Q.W.!J~llJ1jn/J,P§t_p11r~.lli!filL.t;Qllns~lm':!:.JQreclosure.htm.
The United States Department of Housing and Urban Development Telephone: Toll-free: 1-
800-569-4287. Web Site:
h!!11;//www;l1t1d,2,m'./otlices/l1sg/sth/hcc/fc/irn:k:ii&fm?webListAction=;s,~~rcb,~searchstate=WA&filterSvc
=dfo
The statewide civil legal aid hotline for assistance and referrals to other housing counselors
and attorneys Telephone: Toll-free: 1-800-606-4819. Web site: ]Lttp://J1wjustice.01:g/w1mt-clear.
1
Page 3260
A. Deed of Trust and Property Description:
You are hereby notified that the Beneficiary has declared you in default on the obligation
secured by a Deed of Trust dated October 6, 2006, executed by Christopher E. Larson , A
Married Man as His Sole and Separate Property, and Angela R. Larson as Trustor(s), to
secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., SOLELY AS A NOMINEE FOR NEW CENTURY MORTGAGE
CORPORATION, A CORPORATION as original Beneficiary recorded October 11, 2006
as Instrument No. 200610110833 of official records in the Office of the Recorder of
Snohomish County, Washington and which Deed of Trust encumbers the following
described real property:
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 19 OF PLATS, PAGES 32 AND 33; RECORDS OF
SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF
SNOHOMISH, STATE OF WASHINGTON
Commonly known
as: 11914 167th Drive NE , Arlington , WA 98233
B. Declaration of Default. The beneficiary declares you in default for failing to make
payments as required by your note and deed of trust.
C. Itemized account of the amounts in arrears: Delinquent monthly payments
beginning with the March 12, 2012 payment. The amount indicated below as the "Grand
Total" is good through January 12, 2018.
1
Payments
i $110,728.25
Escrow Advances
$42,198.82
Interest On Advances:
$3,575.58
Payment to Accrue
;$1,605.98
Loan Level Advances
$2,061.00
...
Grand Total
'$160,169.63
D. Itemized account of all other specific charges, costs or fees that grantor or
borrower is or may be obliged to pay to reinstate the deed of trust before the
recording of the notice of sale.
Trustee's Fee
Postage (estimated)
Service/Posting of the Notice of Default (estimated)
2
Page 3261
$900.00
$60.00
$75.00
Document Recording (estimated)
$14.00
TOTAL CHARGES, FEES AND COSTS
$1,049.00
E. Amount required to cure payment defaults before Notice of Sale records: The
estimated amount necessary to reinstate your Deed of Trust and the obligation secured
thereby before the recording of the Notice.of Trustee's Sale is the sum of paragraphs C
and D above in the estimated amount of $161,218.63 PLUS the amount of any monthly
payments, late ~harges, and advances which may fall due after the date of this Notice of
Default.
Payments and late charges continue to accrue and atltlitional advances may be made.
Tlte s11ms stated above are estimates onfr~ Before attempting to reinstate the loan, call
us at 1-855-676-9686 to learn the exact amounts of monetary defaults and actions
required to cure possible other defaults.
For Reinstatement/Payoff Quotes, contact North Cascade Trustee Services Inc.
Reinstatement monies in the form of a cashier's check may be tendered to:
North Cascade Trustee Services Inc.
ATTN: REINSTATEMENT/PAYOFF DEPT.
901 Fifth Avenue, Suite 410
Seattle, WA 98164
Phone: (855)676-9686
Payment must be in the full amount by cashier's check, and mailed to the undersigned.
Personal checks will not be accepted.
In addition, grantor or borrower must timely cure all other defaults, if any, before the note
and deed of trust are deemed reinstated.
F. Effect of failure to cure: Failure to cure all alleged defaults within 30 days of
mailing/personal service of this notice may lead to recordation, transmittal and
publication of a notice of sale and the Property may be sold at public auction no less than
120 days from the date of this notice, or no less than 150 days in the future, if the
borrower received a letter under RCW 61.24.031.
G Effect of recording, transmitting, and publication of the notice of sale: The effect
of the recordation, transmittal and publication of a notice of sale will be to (i) increase the
costs and fees and (ii) publicize the default and advertise the Property for sale.
H. Effect of sale of the Property: The Trustee's sale of the Prope1ty will deprive the
borrower, grantor, and any successor in interest of all their interest in the Property.
3
Page 3262
I. Recourse to courts: The borrower, grantor, any guarantor or any successor in interest
has recourse to the courts pursuant to RCW 61.24.130 to contest the default(s) on any
proper ground.
J. Contact Information for Note Owner and Loan Servicer:
The owner of the note is Deutsche Bank National Trust Company, as Trustee, in trust for
the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2,
Mortgage Pass-Through Certificates, Series 2007- HE2
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007HE2, whose address is:
3217 S. Decker Lake Dr.
Salt Lake City, UT 84119
The loan servicer for this loan is Select Portfolio Servicing, Inc., whose address and
telephone numbers are:
3217 S. Decker Lake Dr.
Salt Lake City, UT 84119
l-800-258-8602
Dated: December
22., 2017
North Cascade Trustee Services Inc.
As duly appointed Successor Trustee
This is an attempt to collect a debt and any information obtained will be used for that purpose. If you have
received a discharge of the debt referenced herein in a bankruptcy proceeding, this letter is not an attempt to
impose personal liability upon you for payment of that debt, In the event you have received a bankruptcy
discharge, any action to enforce the debt will be taken against the property only.
File No: 60243-00328-NJ-WA
North Cascade Trustee Services Inc.
Phone: 1-855-676-9686
Fax: 888-690-8838
4
Page 3263
NOTICE REQUIRED BY THE
FAIR DEBT COLLECTION PRACTICE ACT
15 U.S.C. Section 1692
December 19, 2017
To:
RE:
Angela R. Larson and Christopher E. Larson
Property located at 11914 167th Drive NE, Arlington, WA 98233
1.
You are hereby notified that this trustee is attempting to collect a debt and any
infonnation obtained will be used for that purpose.
2.
As of January 12, 2018, $354,709.51 is owed on this account, including interest.
Because of interest, late charges, and other charges that may vary from day to day, the amount
due on the day you pay may be greater. Hence, if you pay the amount shown above, an
adjustment may be necessary after we receive your payment, in which event we will infonn you
of any additional amounts due. For further information, write the undersigned or call (855) 6769686.
3.
The original creditor to whom the debt was owed was MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS A NOMINEE FOR NEW
CENTURY MORTGAGE CORPORATION, A CORPORATION. You have 30 days from the
receipt of this letter to request the address of the original creditor from us if you wish to do so.
The current creditor is Deutsche Bank National Trust Company, as Trustee, in trust for the
registered holders of Morgan Stanley ABS Capital I Inc'. Trust 2007-HE2, Mortgage PassThrough Certificates, Series 2007- HE2 Deutsche Bank National Trust Company, as Trustee, in
trust for the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage
Pass-Through Certificates, Series 2007- HE2, with an address of3217 S. Decker Lake Dr., Salt
Lake City, UT 84119.
4.
The debt will be assumed to be valid by North Cascade Trustee Services Inc.
unless WITHIN THIRTY DAYS AFTER THE RECEIPT OF THIS NOTICE, you dispute the
validity of the debt or any portion thereof. This does not relieve you of the requirement to timely
respond as indicated in the documents accompanying this notice.
5.
If you notify North Cascade Trustee Services Inc. Attn: Heather Berthiaume,
within thirty days after the receipt of this Notice that the debt or any portion thereof is disputed,
then North Cascade Trustee Services Inc. will provide a verification of the debt, and a copy of
the verification will be mailed to you by North Cascade Trustee Services Inc.
6.
Requests should be addressed to North Cascade Trustee Services Inc. Attn:
Heather Berthiaume, 901 Fifth Avenue, Suite 410, Seattle, WA 98164 or by calling Heather
Berthiaume at 206-939-4159.
60243-00328-NJ-WAFair Debt Notice
Page 3264
If you have received a discharge of the debt referenced herein in a bankruptcy proceeding,
this letter is not an attempt to impose personal liability upon you for payment of that debt.
In the event you have received a bankruptcy discharge, any action to enforce the debt will
be taken against the property only.
60243-00328-NJ-WAFair Debi No!ice
Page 3265
FORECLOSURE LOSS MITIGATION
Re:
Loan Number:
Borrower Name:
CHRISTOPHER LARSON
Address:
11914 167TH DRIVE NE, ARLINGTON, WA 98233
Beneficiary:
Deutsche Bank National Trust Company, as Trustee, in trust for the registered
holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage PassThrough Certificates, Serles 2007- HE2
The undersigned beneficiary or authorized agent for the beneficiary hereby represents and declares under the
penalty of perjury that:
1)
2)
3)
4)
5)
•
The beneficiary or beneficiary's authorized agent has contacted the borrower under, and
has complied with; RCW 61.24.031 and the borrower did not request a meeting.
•
The beneficiary or beneficiary' s authorized agent has contacted the borrower as required
0
The beneficiary or beneficiary' s authorized agent has exercised due diligence to contact
0
•
under RCW 61.24.031 and the borrower(s) designated representative requested a meeting.
A meeting was held in compliance wtth RCW 61.24.031.
the borrower as required in RCW 61.24.031.
The borrower has surrendered the secured property as evidenced by either a letter
confirming the surrender or by delivery of the keys to the secured property to the
beneficiary, the beneficiary' s authorized agent or to the trustee.
RCW 61.24.031 does NOT apply because:
The property is not owner occupied as the principal residence of the borrower(s).
The undersigned instructs the trustee to proceed with non-judlclal foreclosure proceedings and expressly
authorizes the trustee or their authoriZed agent to sign the notice of default containing the declaration re:
contact required pursuant to section 2 of Chapter 292, Laws of 2009 (WA).
Dated:
By:
(:.:_:o
.
Select .Portfolio Servicing, Inc. as authorized agent of Beneficiary
Tina Martin, Document Control Offi~o,
Page 3266
DECLARATION OF OWNERSHIP
Re:
Loan Number:
-
CHRISTOPHER LARSON
Under penalty of pe~ury, the undersigned hereby represents and declares as follows:
I am employed as Document Control Officer for Select Portfolio Servicing, Inc. I am duly authorized to make
this declaration on behalf of:
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
1) Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-TI1rough Certificates, Series 2007- HE2
Hereby known as beneficiary.
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
2)
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007- HE2
is the actual holder of the Promissory Note evidencing the abov~referenced loan.
3) The Note has not been assigned or transferred to any other person or entity.
) Beneficiary understands that t.he trustee foreclosing the deed of trust securing the above-referenced
4 loan will rely upon this Declaralion before issuing the notice of trustee's sale.
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series2007- HE2
DatOO
By:
m:-e
<-- .
..;:;
~
c:)
Tina Martin, Document Control Officer
Page 3267
EXHIBIT4
Page 3268
ELECTRONICALLY RECORDED
201805220502
05/22/2018 01:49 PM
3
18.00
SNOHOMISH COUNTY, WASHINGTON
AFTER RECORDING MAIL TO:
Quality Loan Service Corporation of Washington
41l Ivy Street
SanDiego, CA 92104
Document Title: Appointment of Successor Trustee
Reference number of document: Instrument No. 200610110833
in trust for the
registered holders· of Morgan Stanley ABS Capital I Inc. Trust 2007~HE2, Mortgage
Pass-Through Certificates, Series 2007- HE2
Grantor(s): Deutsche Bank National Trust Company, as Trustee,
Grantee(s): Quality Loan Service Corporation of Washington
Legal: LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 19 OF PLATS, PAGES 32 AND 33, RECORDS OF SNOHOMISH
COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF
WASHINGTON
Assessor's Parcel number: 00551400008900
Page 3269
When recorded return to:
Quality Loan Service Corp. or Washington
C/O Quality Loan Service Corporation
41 I Ivy Street
San Diego, CA 92101
SPACE ABOVE nus LINE FOR RECORDER'S USE
TS No.:
APNNo.:
WA-18-813156-BB
00551400008900
Grantee:
Granter:
Quality Loan Service Corporation of Washington
Deutsche Bank National Trust Company, as Trustee, in trust for the registered
holders of Morgan Stanley ABS Capital line. Trust 2007-HE2, Mortgage PassThrough Certificates, Series 2007~ HE2
APPOINTMENT OF SUCCESSOR TRUSTEE
WHEREAS, CHRISTOPHER E LARSON, A MARRIED MAN AS HIS SOLE AND
SEPARATE PROPERTY was the original Grantor(s), First American Title was the original
Trustee, and Mortgage Electronic Registration Systems, Inc., as nominee for New Century
Mortgage Corporation, its successors and assigns was the original beneficiary under that certain
Deed of Trust dated 10/6/2006 and recorded on 10/11/2006 in SNOHOMISH County, Washington
under Auditor's File No. 200610110833.
·
Said Deed of Trust encumbers the real property fully described as follows:
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 19 OF PLATS, PAGES 32 AND 33, RECORDS OF SNOHOMISH
COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF
WASHINGTON
And more commonly known as 11914167TH DRIVE NE, ARLINGTON, WA 98233
WHEREAS, the undersigned, who is the present Beneficiary under said Deed of Trust, desires to
appoint a new Trustee in place and stead of said original Trustee, or Successor Trustee, thereunder,
WA001.A003
12/17
Page 3270
NOW THEREFORE, . the Beneficiary appoints Quality Loan Service Corporation of
Washington, whose address is 108 l"' Ave South, Suite 202, Seattle~ WA 98104, as Successor
Trustee under said Deed of Trust.
BENEFICIARY
Deutsche Bank National Trust Company, as Trustee, in
trust for the registered holders of Morgan Stanley ABS
Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through
Certificates, Series 2007- HE2, by Select Portfolio
Servicing, Inc., as attorney-in-fact
AA xitr~ ~~[\_,
By:
Name:
DESTINVTNiR.
Title:
pocument Control Officer
Select Portfolio Servicing, Inc.
Date:
s / Cl Ii ~
'
'
STATE OF UTAH
COUNTY OF SALT.LAKE )
\3:
yY} ~
, in the year of 20.1!_, before me
notary
public,
personally
appeared
~nsica Parkinson
Document Control Officer
of Select Portfolio
Qc.;s-f ~\t> ( ,... ., a
Servicing, Inc: proved on the basis of satisfactory evidence to be the person whose name is subscribed
to this instrument, and acknowledged that he/she executed the same. Witness my hand and official
seal.
On this
'(\A,1
day of
a .
,,
......
•'-·••·
..·-··•.... •···••·-··•,. .. ____ /
,
*Petsonally Known
2
WA001.A003
12/17
Page 3271
EXHIBIT 5
Page 3272
...
.,,•
ELECTRONICALLY RECORDED
3
201806080418
101.00
06/08/2018 01:17 PM
.. '";.
TS No.: WK·U-8t.n*"BB \ ...
Sl'AC:E l\80V£ TltlS l.l~F.: l-1JR fttrr.>ROf.R"S USF.
APN No.: OO~Sl4®0089~Mf.
Title Order No.::'f40J.(H~~WA.:MSI
Deed of Trust Orantorf$): ,Pff~ISTpPHE;{t E LARSON, Angela Larson
Deed ofTrustOrantef(.s)t Mortgag'e ~ k Registration Systems, Inc., as no1nlnce for New Cntlr,
M.-.
~ "liage Corpora....
' lthw~wf·..a~'-~ · • _ ....
Deed ofTrust ln.urumedb'Rdr;elfee No:: 200610110833
. ~, . ~ ___.,.~"· ""'-f·'·-..~.
NOTICE;8R TB.USTEE'S SALE
~.toitm:l(ev!~ -~~Washington 61.24, et seq.
"':r
......? ..... •
..... •
I.
NOTICE IS HEREBY C\.V~ -tliat _9lflility Loan s«vice Corp. of Washington, Cho undersigned
Trustee. will on IOIIV2018, at 10:00 A,'M Octuide TIie No.Jffi'-Pwa E a ~ to tfKo SnohoJQlslt County
Courthouse, loc.ted at 3000 kockefdh!r..Av~ E~~WA 98201 sell at public auction to the highest and
best bidder, payable in the form of tffilit bid or cash bid in th4·form Of whiet's checl<. or certified diocks &om
federally or Stme c:harten:d banks. at the time ,r·sa1e•.t11e~fo,~ described real properly. situated ln lhe
~oonty of SNOHOMISH. State ofWashlogtn"!.o-wi!.:_/· .•· .,· _../
LOT 89, PLAT OF RAINBOW SPRINGS. A<'.:Cf;QR.Ol~TJ.{E Pi.AT THEREOF RECORDED
IN VOLUME 19 OF PLATS, PACES 32 AND J,t,' ~GqR~ OF SNOHOMISH COUNTY,
WASHINGTON. SITUATE IN THE COUNTY OF' ~OHOII.ISH;SJ'ATE
OF WASHINGTON
i
\,_.4-4...
_,..
More commonly known as: 11914 167TH DRIVE NE, ~RJ.J.NO'f.eN,"wA.?8233
~;;;~/Jt.boo6.
which i, $1.lbject to dull certain Deed ofTrust dated IG161.Z006,
l.ll1deC' lastrutne11t No.
2906101108.U records of SNOHOMISH County. Waslll~ fRffl\ CHf<lS1'0PHER E LARSON. A
MARRIED MAN AS HIS SOLE AND SEPARATE PROPERi'V-..--kpntor(~·io. First AIMricla Title.
as original ~
fO secure an obligation in favor of Morfpge ~
~ t ' a ~ Sysmu. l11c.. as
no1nlnee for New Centur, Mortga&e Corponittoa. lu t11cces,ors a..,
~ srigiiJ;al hendiciary, lhe
beneficial Interest In whlc:h ~
.silbsoquentfy •Jgned IO Oeutsc:lle Bantt· N~.PfnJf·'T"'-\t Compaoy, ••
Trustee,~ tru" for Cite registered hl'ders or Morgan Sta•fey ABS &,-slf.llf- lfc..T~ 2007•HE2,
Mortgage Pass-nrough ~rtlftca11e,, Series 2007- HE2. Che Betieficlary:~ncfs:r-1u_i..atsi~ tmm:led
under AudifOfS File Nllmber20t007160380
·•.~_......··· ... ~·-; ·)
assltn{.
••~
...~••
.•·#
,I
II.
No action commenced by die Beneficiary of the Ond ofTrust is now pendlng.tose~~ of
the obligation in any CouTI by ieason of the Bon'ower•s or O111ntor's default on the ~-!eQl~_by.._lhe
DeedofTrusi/Morcgagc.
; .,, \.}
r
Ill.
The defaull(s) ror which this foreclosure is made Ware as follows: Failure~
followingamOW"USwhiclu,c now in arrears: $172$6'7.41.
~)t~
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Page 3273
.,~· .,··..~ ..
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, \._,/"'__.,.-·..,v:
,·'~sum owing on 1he obligation secured by the Deed ofTMt Is: The prlncipal sum ofS2l7,209.38,
lq~~et with inte~ as provided in the NOte from 2/t/2012 on. and such other costs and rees ~ are provided
\
'• ~-...........-····6:r..sutuJe.
,... ,.,..
..~:"-,
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abovc-descn'bed Raf propc,ty will be sold to satisfy the c,cpense of sale and the obligation
• '-···-·~ !>)I the Deed of TIUSI as provided by staMe. Said sale will be made without warranty. exp,cssed or
.•.•fmpl.l,d~ dtle. possession or encumbnuices on 10/11'2018. The def'aulu referred to in Paragraph Ill
\~be: cqaid by:,J0/1/lOl&(l I days before the sale dale), or by other date aspennitted in the Note« Deedof
Tn,At. ~·cau~ a di~ilwance of the sale. The safe will be di$continued and tenninated if at any time before
U)JJ!lOl&(i I ~bt!forc ~ sale), or by other date as permitted in the Nl>le <Jr Deed of'Trust. thc defautt as
set fOJ11!.~ lfis-~ and the Trustee's fees and costs art pakl. Paymeni must be in Cl$h or with
whiers or.~i¥~ffurii·a. Statcoi- f«lerally ~
bank. The sale may be 1ermina1ed any time after
the lt/l~IJ{fI d,fJ's befqie ~-6ale date) and befOR the sale. by rite Bom>wer or Gramor c)'r thc holder of
any recordfd Ju_ioor •~~t-~nce by paying 1he principal and illterest. pll.1$ costs, fees and advances_ If
any. made plll'Cu.m,lk>~ t'l!nlts;orfue obligation and/or Deed ofTrust. and curing all other dcfilulb.
'\.•'
~-.~· . ...,.··
VI.
A writtett:f-lot,ioe~f'l>efiiuU was ttansmitted hr the Beneficial)' or TniSlee to the Botrower(s) and
Onmror(s) b)' beth fiBt cfus ,and~fied mail. proof of' which ls in the possession of the Trustee; find the
Bom,wer and Orantor/wert' pt.~ly ~
if applicable; with said written Notice of !'xfault or the
written Not~ of Dcfah.k was-~,lt\._ ~icuous place on the real property ciestribed in Paragraph I
above. and the Trustee 1-.p:m;-,io~)~t proof of sucll wvice ot posting;. The list of recipiellls of the
Notice of Default Is lisied ~itftin Jlt<'N.oriee.. of FOO?closurc provided to the Borrower(s) and Otanl<lr(s).
These requirements were co~.as..qtJ.2{ll4017.
:·
. . .
\.
The Trustee whose nami,end'.~ ~ ~-r4J:,elow wil1 provide in writing to anyone requesting
it, a statement of all co.,ts and fees~ llnJ~finotla'ihe sale.
vn,
~ .. , ••,··· w,>A •.,..,•
,0
4.,.,.r
VIII. The eff'ect of the sale will be to_depri,c1he Orantor IJ!d..all those who hold by, through or under the
Grantorofall their inccrest in theabo~pn:iperty..,/ \
.,
.•.
.."···"'
IX.
Anyone having any objections to this sale ixiany pl)iJngs ~
wiU be afforded an opportunity
to be heard as to those objections if they
lawsuit t9.,-resmgiii the sale pursuant IO RCW 61.24 .130.
Failure to bring sllCh a lawsuit may resuh in a wai~ ofm:iy~a,ouads for invalidating the Trustee's sale.
brina~a
~.
✓·~
..-.-·--.
NOTICE TO OCCUPANTS OR TENA.NTS-.::''f'b1r'~ at the TIVStee's Sale is entitled to
poss-c:ssioa of the-property on the 20"'day following lhesa"(as ~
diionmrorundttthe dcedoftnist(the
owner) and anyone ha\ling an interest junior to lhc deed bf~inctJl(llng occupants who ffl'e not tffll'ltS.
~
the 2<1" da:y following the sale the ixm;ha$CI" ha$ ~-n.,li.!.,_~icf<i:tupants who arc noc ~
by
SUtnflRI')' proccedinp under Chapter 59.12 RCW. For t e n a n t ~ ~.'lhe purchaser shall pl'O\lide 1
tenant with written notice in accordar1Ce wilh RCW 61.24.060.
, /
/ !
X.
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t .......\
..1_.,,,. •.,,•~ .•
• ......
THIS NOTICE IS THE FINALST[P BEFORE THE FORE~SAr,.e=oF YOUR HOME.
You have only 20 DAYS from the reeo,ding date ofihis notice 10 ~
~.,..·
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,..
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....
.....,..··~....... ~ }:
00 NOT DELAY, CONTACT A HOUSING COUNSEWR OR AN A~NEV.JJC~SEO IN
WASHINGTON NOW to assess )'Our ,ituation and refer you lo mediation if ~-t~..elig~ 8ftd it may
help you save your home. See below for safe sources of help.
,.....,,?.,,.
~ ~···· ... ,.....I' ··,.
1
SEEKING ASSlSTANCE
\.•·: ..~~:~::;.~-~:.··\
HOIISing counselors and leg,al wlstance may be available al little or no cost. ro YoUi lf,yoit ~Jd like
assistance in determining your rights and oppommitj~ to keep your house. you may ~
•~~~!Ji8:.••.
.
\
'\
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;
Tho statewide foreclosure hotline for assistance and referral to houslil& counselOl'S rccomm)~·tiy ~"-...\
Housing Finance Commission: Toll-free: t-817-894-HOME (1-811-894-4663) or \J(e\.,·tltei /
tmp:/Jwww dfi.wa.gov!cgnwmersihomeownershipfposl purshase coonseJm foru,losurt,htro. ·-...·· ,,_./ ...•~·,;_..-.. ~···:,
\,.··::....~,·:.~,"../
~
Page 3274
... ~:
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/ ,...... ./"nit United States Department of Housing and Urban Development: Toll-free: J-800-5694287 or National
\..
~
·-....., /
Site: hnp://oortaf.hud.gov/hudoortal!HUO or for Local counseling agencies in Washington:
"·"'•-,... .... ..•....~·
•····hmfltwww
bud goy1ofllceslhs81$fbm1c/inde:s,cfiD?webListAcrion,91"£b&sn.rgistateWA&fi~
\"'.:·- ..
./ · ....lfii:state,wide civil legal aid hoeli~ for assistance and referrals ro other housing counselors and enomeys:
'v··· ,.:relep~ 1 ~ 1 9 ()t Web site: hgp:li'flwjusticc:.OJJiwhat-clear.
"!"' ....-•--::"......... •----··~.
• ~-•~ftl~,d~lablltrs provided by Che Tnistet.: I( JO(I have previously been discharged through
~lcJM)tcy/yoft ~~)'--~ bfen rel~sed of.personal liability for lhls loan In which case this letter is
l~ndecHo ~se th~ not~ldcrs nghts agamst the real propc:rty only.
·• ..~ ....,...;-· ..., . •
X ·-..•~----
QUAUJ.V00Mil-Y"·Bt'<X>NS(DEREO A DEBT COLL£CTOR ATTEMPTING TO COLLECT A
DEBT ANl>·AN~IN'FO~A.i'tON OBTAINED WU..L Bt USED FOR THAT PURPOSE
~· (::.-:.·.··:::>~.:.~'~y•::
Dated! .
0·~"ki~f'e;J
Q ,·,
l i....., ·...
!,~
)
ny Loan Service Corp. of Wnhi11gton. as Trustee
By.BrlanaNewron,AssistantSecreawy
Trustu'sMlilingAdd~...). , /..,·_;...\ ... 'J'rustee'sMMical Addom;
9f'W~~1'1•....... Quality l.olWI Service Coq,. of'Washlngton
CJOQualily Loan Service Cmp. .:; ~--,. \...... \I0t t• Ave South, Suite 202
411 Ivy Slrect. San Diego, CA 94101......... ·•-• .Seattlo;·,WA 98104
Quality Lotn Sm>ice Cotp.
\. ' .. j
(866)64$-7711
·:,,
/
...... (~)9~i.()241
..~.~-·
.,....
Sate Line !>JG-,939-4712 or LoglD 'to(h,ttp:/!}!a:6W11ih·loan.g,pt
TrllStee Salt Number. WA.-18-813156:lJB..-··'
,/·\
........ ~
..
., "'.
\.
A notary public or other officer completing this ~1fieas,vtrif~ only the i!fentity of the individual who
signed the doc\1111ent to which this certif1eate ,ifattacheci. alJ(I' nO\.Hle truthfulness, acct1racy. or validity of
thatdocumerit.
\. ·:..._"~•·:· ,/
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JUII O6 1018 fore me,
KaflterJ}le ~~••-.• •. a notary public. pmonally
appeared
• wh1> proved to pie C!"'11!e.. t>a¥s of satisfactory evidence to
be the person(s) w ose n11mc(s ts/are subscribed to the withip ln~m6C!t Jind..acknowledged to me lhat
he/she/they executed the .same in his/her/their authorized\f&PlCI\Y<iei><,and !hill by his/her/their
signature(s) oo the inst111men1 the person(s). or the entity upo)r-beffiilf' or ,-,hicb the person(s) acted.
execlltedthe Instrument.
,·· ,./ ,/' \
On
, certify under PENALTY Of PERJUR v under lhe laws of the
foregoing paragraph is true and correct
(Seal)
~-~~·~:ti2irFZ:::.
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Signature
1Catherme A. Dav.ls
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Page 3275
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EXHIBIT 6
Page 3276
THIS IS TO CERTIFY THAT THIS IS A FULL, TRUE AND
CORRECT COPY OF THE ORIGINAL RECORDED
IN THE OFFICE OF SNOHOMISH COUNTY
RECORDED ON:
November 21, 2018
AS DOCUMENT NO: 201811210432
WHEN RECORDED MAIL TO:
Select Portfolio Servicing, Inc.
3217 S. Decker Lake Dr.
Salt Lake City, UT 84119
BY: s/ MIKE SCOTT
SERVICELINK TITLE AGENCY, INC.
TS No.: WA-18-813156-BB
SPACE ABOVE IBIS LINE FOR RECORDER'S USE
Title Order No.: 140101547,-WA-MSI
Trustor: CHRISTOPHER E LARSON, A MARRIED MAN AS HIS SOLE AND SEPARATE
PROPERTY
Deed of Trust Instrument/Reference No.: 200610110833
Deed of Trust book/page (if applicable):
Notice of Sale Instrument/Reference No.: 201806080418
TRUSTEE'S DEED UPON SALE
TRANSFER TAX: $0.00
A.P.N.: 00551400008900
The GRANTOR, QUALITY LOAN SERVICE CORPORATION OF WASHINGTON, as current
Trustee, (whereas so designated in the Deed of Trust hereunder more particularly descnl>ed or as duly
appointed Successor Trustee) urtder that Deed of Trust in consideration of the premises and payment
recited below, hereby grants and conveys, without representation or warranty, expressed or implied, all
right title and interest to Deutsche Bank National Trust Company, as Trustee, in trust for the
registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through
Certificates, Series 2007- HE2, as GRANTEE, to all real property (the "Property"), situated in the
County of SNOHOMISH, State of Washington, descnoed as follows:
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 19 OF PLATS, PAGES 32 AND 33, RECORDS OF SNOHOMISH
COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF
WASHINGTON
RECITALS:
1.
This conveyance is made pursuant to the powers, including the power of sale, conferred
upon the current Trustee by that certain Deed of Trust between CHRISTOPHER E
LARSON, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, as
original Grantor, to First American Title, as original trustee, and Mortgage Electronic
Registration Systems, Inc., as nominee for New Century Mortgage Corporation, its
successors and assigns, as original Beneficiary, dated 10/6/2006 and recorded 10/11/2006
as Instrument No. 200610110833 of the Official Records in the office of the Recorder of
SNOHOMISH, Washington.
2.
The Deed of Trust was executed to secure; together with other undertakings, the payment of
one or more promissory note(s) ("Note") in the sum of $218,000.00 with interest thereon,
according to the tenns thereof, and other sums of money which might become due and
payable under the terms of said Deed of Trust.
Page 3277
3.
The Deed of Trust provided that the Property is not used principally for agricultural or
fanning purposes and the current Trustee has no actual knowledge that the Property is used
principally for agricultural or farming purposes.
4.
That a Default occurred in the obligations secured and/or covenants of the Deed of Trust
referenced in paragraph one (1), as set forth in the Notice of Trustee's Sale described below,
and that the Trustee of record, transmitted the Notice of Default to the required parties, and
that a copy of said Notice was posted or served in accordance with law.
5. The current Trustee has been instructed to exercise the power of sale in accordance with and
under the relevant terms of the above referenced Deed of Trust and the Washington Deed of
Trust Act.
6.
That because the defaults specified in the "Notice of Default'' were not cured, the Trustee
of record, in compliance with the terms of the Deed of Trust, recorded on 6/8/2018 in the
SNOHOMISH County, Washington recorder's Office, a "Notice of Trustee's Sale" of the
Property as instrument no. 201806080418,
7.
The Trustee of record fixed the place of sale as: outside the North Pla:r.a Entrance of the
Snohomish County Courthouse, 3000 Rockefeller Avenue, Everett, WA 98201, in the
State of Washington, a public place, at 10:00 AM. In accordance with the law caused copies
of the statutory "Notice of Trustee's Sale" to be transmitted by mail to all persons entitled
thereto and either posted or served prior to the statutory minimum number of days before
the. final sale; further, the Trustee of record caused a copy of said "Notice of Trustee's Sale"
to be published in a legal newspaper in each county in which the property or any part
thereof is situated, once between the thirty-fifth and twenty-eighth day before the date of the
sale, and once between the fourteenth and the seventh day before the date of the sale; and
further, included with the Notice, which was transmitted to or served upon the Deed of Trust
grantor or his successor in interest, a "Notice of Foreclosure."
8.
During foreclosure, no action by the Beneficiary, its successors or assigns was pending on
an obligation secured by the Deed of Trust.
9.
All legal requirements and all provisions of said Deed of Trust have been complied with, as
to acts to be perfonned and notices to be given, as provided in chapter 61 .24 RCW.
IO. That because the defaults specified in the "Notice of Trustee's Sale" were not cured at least
ten days prior to the date scheduled for the Trustee's Sale and said obligation secured by
said Deed of Trust remained unpaid, on 11/16/2018, the date of sale, which was not less
than 190 days from the date of default in the obligation secured, the GRANTOR then and
there sold the Property at public auction to the foreclosing beneficiary, the highest bidder
therefore, as a credit bid for the sum of $274,500.00. The foreclosing beneficiary instructed
the GRANTOR to vest this Trustee's Deed into GRANTEE.
This conveyance is made without representations or warranties of any kind, expressed or implied. By
recording this Trustee's Deed, GRANTEE understands, acknowledges and agrees that the Property was
purchased in the context of a foreclosure, that the current Trustee made no representations to GRANTEE
concerning the Property and that the current Trustee owed no duty to make disclosures to GRANTEE
concerning the Property, GRANTEE relying solely upon his/her/their/its own due diligence investigation
before electing to bid for the Property.
Page 3278
In witness thereof, QUALITY LOAN SERVICE CORPORATION OF WASHINGTON, as
GRANTOR, has this day, caused its name to be hereunto affixed by its officer thereunto duly authorized
by its corporation by-laws.
QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
TS No.: WA-18-813156-BB
Date:
{(/t'l/c(
QUALITY LOAN SERVICE CORPORATION OF
WAS
GTON
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of:
n,oJ'¼.druh }
County of:
~
)
"3'"~
\q - 2~l~
On \ \before me,
~lcA.
a notary public,
personally appeared · ·1o-,t.l'd' 5\,<u.>.Q,..-L
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
IAJ~: ~
~½,
that the
(Seal)
JESSICA JUNK
NOTARY PUBLIC
STATE OF WASHINGTON
Ucense Ntl'lltler 202294
U,Carmiissian .Explnis August 2, 2022
Page 3279
EXHIBIT 7
Page 3280
'
'
·-- - '
302702
AFTER RECORDING MAIL TO:
ff
1111111
Christopher E. Larson
11914 167th Drive NE
Arlington_, WA 98223
m1111 1111111111 a~ 1111 ~Ill !Ill 1111111111 !~111111111
200610 f 10832
2 PGS
10/11/2006 2:03P,m·s33 00
SNOHOMISH COUNTYr ~ASHlNGTON
Flied for Record at Request of
Flrst Amencan Title Insurance C.Ompany
STATUTORY WARRANTY DEED
File No· 4228-911672 (TC)
Date: October 09, 2006
Grantor(s): Tyson K. Bushnell and Alisia M. Bushnell
Grantee(s): Christopher E. Larson
Abbreviated Legal. LOT 89, PLAT OF RAINBOW SPRINGS, VOL 19, P. 32
Add1t1onal Legal on page:
Assessor's Tax Parcel No(s): 005514-000-089-00 FIRST A 1\1ERICAN
THE GRANTOR(S) Tyson K. Bushnell and Alisia M. Bushnell, husband and wife for and m
cons1derabon of Ten Dollars and other Good and Valuable Consideration, m hand paid,
conveys, and warrants to Christopher E. Larson, a married man as his sole and separate
property, the following descnbed real estate, situated m the County of Snohomish, State of
Washington.
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 19 OF PLATS, PAGES 32 AND 33, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
SubJect To: This conveyance 1s subJect to covenants, cond1t1ons, restrictions and easements, 1f
any, affecting title, which may appear m the public record, mcludmg those shown on any recorded
plat or survey.
Al1s1a M Bushnell
Tyson K. Bushnell
Page 1 of2
Page 3281
LPB 10-05
APN 00551,4-000-089-00
Statutory Warranty Deed
- conbnued
STATE OF
COUNTY OF
Washington
)
Snohomish
)-ss
)
Ale No 4228-911672 (TC)
Date 10/09/2006
I certify that I know or have satisfactory evidence that Tyson K. Bushnell and Alisia M.
Bushne~re the person(s) who appeared before me, and said person(s) acknowledged that
he/she/~rgned this instrument and acknowledged 1t to be hrs/her/ eir ree and voluntary act
for the uses and purposes mentioned rn this mstrument.
Dated:
\ f} l
04
Notary Public in and for the State of Washington
Residing at·
1,nc;~
My appointment expires ~-I
/Jr
b-1D
·
MICHELLE L GROSHONG
Page 2of2
Page 3282
LPB 10-05
EXHIBIT 8
Page 3283
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SNOHOMISH COUNTY, ~ASHINGTON
·, .
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File No. 2007-50~?~ ... -·-··:::~:::.: .. ,~~:_":-·...-·
Grantors:
•.. · .·· · .. /
RECONTRUST COMPANY.- ....... ·-···· \
MORTGAGE ELECTRbNfC ~EGIST~TION SYSTEMS. INC.
(_c
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Grantee(s):
;•••••••••, ••
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NATIONAL Titt.'E
CHRISTOPHER E LARSON ·-.._ .. ·.::::- •":::.-~::··:~.~:: · · _:
fJ/4 7
0
\..~otice
~f-1'_0,tste!ts'Sale
Pursuant To the Revised _,Code of-Washington 61.24, et seq.
on\~e··~~~ps\~-
On December 5, 2008 at 10:00 AM
front of thEft,torth entrance to the Snohomish
County Courthouse, 3000 Rockefeller Avemi"e, Everett, ,YV-ashin~on, State of Washington, the
undersigned Trustee, RECONTRUST COMPANY, (~bjectto. any-~nditions imposed by the
trustee to protect the lender and borrower) will s~l~·at pybHc a\ictio~ to the highest and best bidder,
payable at time of sale, the following described real p~6per:tY,.. sitl!ated In the county(ies) of
Snohomish, State of Washington:
\. •..... ·· .... /
·..... ,.... •····=·· . . ·'""' ....
Tax Parcel ID no.: 00551400008900
.-' ... --···. -.,
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TOiTHl;.Pl.AT THEREOF RECORDED IN
VOLUME 19 OF PLATS, PAGES 32 AND 33, RECORDS OF--SNQHOMISH COUNTY,
WASHINGTON. SITUATE IN THE COUNTY OF SNOHO~SH;··Sl"ATE OF-..~ASHINGTON.
Commonly Known as: 11914 167TH DRIVE NE, ARLINGTON/WA.·9~;~~)
··...
·-.-··\
·-··_... -····.._
which is subject to that certain Deed of Trust dated 10/06/2006, ;~-oora:~·~~..1oi{11~006, under
Auditor's File No. 200610110833, records of Snohomish County, Washington.from ..OHRISTOPHER
E LARSON, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, as-·grantor, to FIRST
AMERICAN TITLE, as Trustee, to secure an obligation in favor of MOR~~~£· .fil:EC'T-.RONIC
REGISTRATION SYSTEMS, INC., as beneficiary.
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Page 3284
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II .
..No'~goort~~mmenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction
·:\of.the pbfigatkm in any court by reason of the Grantor's or Borrower's default on the obligation
·see1:1red byth.e,Oeed of Trust.
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The B~neficiary ~~ges·defa\,!lt of the Deed of Trust for failure to pay the following amounts now in
arrears··a.nd/or..ot~i' defa~~ .
........ ,.• __.,J ... -· ..... ;:.~-..... -·····-' •.
.•·
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.-
$18,501.70
$132.16
$2,534.00
($.00)
$0.00
·,.. -·....-~...A:' ·~~t~,i~:f~~ments
\ ~kl~te"Charges
',.··~,.. B~n~~facy_Advances
D_. ~~·pense Ba~nce
e:· Other _Fees: 1 .· ·.
~oial·Ar;eah.--··-._\ .)
$21,167.86
F. Tru~tee-'s\xp~~~e~ ·
(Itemization) ..-···',, -:.: .... '
Trustee's.fee·.......... \...... \
$337.50
Title Repa~ ;-··,.. _'·-~-· j .. ·,.. $910.00
Statutory Mtliliqgs· .. •·<.-······ ___ .,.-·
$23.44
Recording Fess_., .. -··.· ...-··· ___ ,..··
$86.00
Publication
._.- ··
--~
./'. $0.00
Posting
·--...·..•··
.., ··' $20~.oo
Total Costs
.... ···· , .-·$1"·1556.i94
Total Amount Due: (.· ...,.-···· $.22;72.4'.BO
.........
··...... ···
.·
Other potential defaults do not involve payment of'-th_e B~n~1~ary...lf applicable, each of these
defaults must also be cured. Listed below are categories of°corJ1mori"-~efaults, which do not involve
payment of money to the Beneficiary. Opposite each su<;h li,st'ed ~efa,ult is a brief description of the
action/documentation necessary to cure the default. The_ list-.dees ,:i.st exhaust all possible other
defaults; any defaults identified by Beneficiary or Trustee··-t~e~J!r.&J1erfisfed, below must also be
cured.
_. · ., .... , ·..
'cu~E-·.
OTHER DEFAULT
Nonpayment of Taxes/Assessments
ACTION NECES~RY TO
Deliver to Trustee ~itten'--propf"thaiall taxes and
assessments againsftl'if(pr6p~r.ty"~re-eaid current
Default under any senior lien
Deliver to Trustee writte~: pro~f fh;•all.~er:ijor liens are
paid current and that no otl1~r ~efa.ults exisL_
'-.-· .. ····
........ ··:
Deliver to Trustee written proof_'that-tfle.-J:Sro~r:ty is
insured against hazard as require~,by' th~.D~ed ·qf
Failure to insure property against hazard
Tn,~t
Waste
~·
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,'
,.-
Cease and desist from committing· w-ast!l; 'fep~if all
damage to property and maintain property_a(.rel\uired
in Deed of Trust.
·•...... ·· _.
-· ...._ ·. _
•·
Unauthorized sale of property (Due on Sale)Revert title to permitted vestee.
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Page 3285
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IV.
'-, ..... ···Th~..sum aw[ng on the obligation secured by the Deed of Trust is: Principal Balance of $217,986.86,
_logettte,-with'interest as provided in the note or other instrument secured from 07/01/2007 and such
·:\ottier co~;ts arid fees as are due under the Note or other instrument secured, and as are provided by
~faJt1fe.. ,.-··.·.... •..,...
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V.
The at;pve:-(:lescribe.d- real property will be sold to satisfy the expense of the sale and the obligation
secured.b.y th~.D·e¢·d of 1:rt1.~t-as provided by statute. The sale will be made without warranty,
express or·ith'P,J.ied re_9.ar~C1g-title, possession, or encumbrances on 12/05/2006. The default(s)
referred to in·paragr'aphJII, tc,getfier with any subsequent payments, late charges, advances costs
and fees thereafter~. mus~ ~'.cilr~ by 11/24/2008 (11 days before the sale date), to cause a
discontinuance of.1ne ~ale\_tha sale will be discontinued and terminated if at any time before the
close of the Trustee•s·bu.sines~.on 11/24/2008 {11 days before the sale date), the defaults(s) as set
forth in paragraph.'ill,.togett:ie(w4th.any subsequent payments, late charges, advances, costs and
fees thereafter due, i~/ar-e·cured and'-the Trustee's fees and costs are paid. The sale may be
terminated any time after,11/~4/2°008 l11 day$ before the sale date), and before the sale by the
Borrower, Grantor, and ~uat~_mor··or.,-th~.-~Qldo/ of any recorded junior lien or encumbrance paying
the entire balance of princ~al ah,d inJe(est.~ecured by the Deed of Trust, plus costs, fees, and
advances, if any made purseranrto-·the,tetms of the obligation and/or Deed of Trust.
.::/<,.:/i~) . -· ':
A written notice of default was tran~~f~~d"-~;.·tne -~l'le~ciary or Trustee to the Borrower and
Grantor at the following address(es): ( S.ee· attached list). .,....
by both first class and either certified m~ff·;·r~turn receiP,,ireque~~d. or registered mail on
10/23/2007, proof of which is in the possession of t~e·'frust~; ari~ on 10/23/2007 Granter and
Borrower were personally served with said writt~p-·notiqe-tif d~faulj or the written notice of default
was posted on a conspicuous place on the real'propetty d,escribfro in paragraph I above, and the
Trustee has possession of such service or postiny. ·...... ··
···
..... ·::...... ··· .. ·· ......
_
VII.
I
.- ••• · · - · ~
-~
The Trustee whose name and address are set forth below w.lll _provid~ in writing to anyone
requesting it a statement of all foreclosure costs and trust.~e;s· f~sJlue-·at ~ny time prior to the sale .
............
-· ..•· .~ ........
·.
··..
VIII.
.,: i
The effect of the sale will be to depriVe the Grantor and all thos~_wMcfl':!old.~y;·ff,rough or under the
Grantor of all their right, title and interest in the above-described prepe~:··· _.. -···· ..
IX.
.. .····· ... ··· ·....:
....... ·.,.. • _..··· __ ... ·•...
Anyone having any objections to the sale on any grounds whatsoever wK! b~..af(orded an.
opportunity to be heard as to those objections if they bring a lawsuit to res-tt~n·th~..sal_e pursuant to
RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of ar'iy P.!OP~F·grourids for
.__.•_ .. /
.. ...-·"; ··:,
invalidating the Trustee's sale.
1!
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.•
,•·
NOTICE TO OCCUPANTS OR TENANTS purchaser at the Trustee's Sal;··is: entitl~-i~ ·· ..
possession of the property on the 20th day following the sale, as against the grantor"ur;ider, ttte--·:=
deed of trust (the owner) and anyone having an i_nterest junior to the deed of trust, inclqdin.~_':- .,
occupants and tenants. After the 20th day following the sale of the purchaser has the rig_~t to.. ar1et /
occupants and tenants by summary proceedings under the unlawful detainer act, Chaptei'-·59:1,2-·'
RCW.
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F\LED
Z0\9 JUL 23 AM IQ: 4 I
19-2-01383-31
MTSMJG
2
Motion for Summary Judgment
ilii11111m1m111m 111
Judge f;/JJS
HearingDate: Q-21-:t~
Heruing Time:
WY)
With Oral Argument
5
6
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR SNOHOMISH COUNTY
8
9
. CHRISTOPHER E. LARSON, and
ANGELA LARSON,
10
11
12
13
Plaintiffs,
v.
SNOHOMISH COUNTY, et al.,
No. 19-2-01383-31
THE TRUST, SPS, AND MERS'S
MOTION FOR SUMMARY
JUDGMENT AND MEMORANDUM
OF POINTS AND AUTHORITIES IN
SUPPORT
Defendants.
14
15
16
17
18
19
20
21
22
23
24
25
26
ORIGINAL
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUD(;MENT AND
MEMORAl~DUM OF POINTS AND AUTHORITIES IN SUPPORT
10\'543512.~ (1,/)52061-06494
Page 3289
Table of Contents
2
3
4
PAGE
I.
II.
RELIEF REQUESTED ...................................................................................................... 1
FACTUAL BACKGROUND
........................................................................................... : 1
,
A.
The Trust Is the Holder of the Larsons' 2006 Note and Beneficiary of the
Deed of Trust. .................................... :................................................................... 1
B.
The Larsons' Default and Non-Judicial foreclosure Proceedings ........................ 2
C.
The Foreclosure Sale, the Larsons' Suit'. Certain Motions to Dismiss and a
Venue Change to Snohomish County Superior Court ........................................... 3
5
6
7
8
9
10
11
,III.
IV.
V.
ISSUES PRESENTED ....................................................................................................... 4
EVIDENCE RELIED UPON ............................................................................................ 5
AUTHORITIES AND ARGUMENT ................................................................................ 5
A.
Summary Judgment Standard ...........................................................,................... :. 5
B.
All Claims in the Complaint Fail as a Matter of Law ............................................ 6
1.
12
The Larsons' CPA Claim Should Be Dismissed ....................................... 6
a.
All Evidence Shows the Loan Was Funded and Allegations
of Non-Funding Are Frivolous ...................................................... 8
b.
As a Matter of Law, the Note and Deed Have Not Been
Split and the Trust Validly Holds Both.......................................... 8
13
14
(i)
The Trust Can Foreclose Because It Holds the Note
and Deed-of Trust. .............................................................. 9
16
(ii)
The Note Was Endorsed in Blank and the Trust Is
the Current Holder ........................................................... 10
17
(iii)
Transfer of the Note to the Trust Carried with It the
Deed of Trust ................................................................... 11
15
18
c.
No False Documents Have Been Recorded; Nor Do the
Larsons Have Standing to Challenge the Recorded
Documents ............................................................................... , ... 12
d.
The Note Is Authentic as a Matter of Law and Larson's
"Forgery" Claims Must Be Dismissed with Prejudice ................ 14
e.
Plaintiffs Ratified the Loan and Note When Plaintiffs
Remained Silent After Learning About the Loan, Made
Payments over the Course of a Year, and Accepted and
Retained the Many Benefits of the Loan ..................................... 15
f.
The Larsons Cannot Show Any Unlawful Fees ........................... 18
g.
The Statute of Limitations Did Not Expire Prior to the
Foreclosure Sale ........................................................................... 18
h.
In Any Event, the Larsons Cannot Show the Requisite
Public Interest Impact .................................................................. 20
19
20
21
22
23
24
25
26
Table of Contents - i
STOEL RIVES LLP
ATTORNEYS
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
101543512,8 0052161-06494
Telepho11e 503.22..3380
Page 3290
Table of Contents
2
PAGE
3
i.
4
j.
5
k.
6
The Larsons Likewise Fail to Show Any Unfair or
Deceptive Act That Caused Them Injury .................................... 21
The Larsons' CPA Claim Is Time Barred as a Matter of
Law .............................................................................................. 22
The Larsons' Washington Collection Agency Act Claim
Should Be Dismissed .................................................................... 23
2.
The Larsons' Washington Consumer Loan Act Claim Should Be
Dismissed ................................................................................................. 24
8
3.
The Larsons' Claim That the Deed of Trust Act Is Unconstitutional
Should Be Dismissed ............................................................................... 25
9
4.
7
10
VI.
The Larsons' Unspecified "Equitable Causes of Action and
Requests for Relief' Should Be Dismissed............................................. 27
CONCLUSION ................................................................................................................ 27
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Table of Contents - ii
STOEi, RIVES
ATTORNEYS
I.LP
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
101543512,8 0052161-06494
Telephone 503.22..3380
Page 3291
I. RELIEF REQUESTED
2
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of
·3
Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mongage Pass-Through Cerfrficates, Series
4
2007- HE2 (the "Trust"), its loan servicer, Select Portfolio Servicing, Inc. ("SPS"); and
5
Mortgage Electronic Recording System, Inc. ("MERS") (collectively, "Defendants") respectfully
6
request that the Court enter an order of summary judgment dismissing the claims of Plaintiffs
7
Christopher and Angela Larson (the "Larsons").
8
9
II. FACTUAL BACKGROUND
A.
The Trust Is the Holder of the Larsons' 2006 Note and Beneficiary of the Deed of
Trust.
10
Plaintiff Christopher E. Larson obtained a $218,000 m01tgage from New Century
11
Mortgage Corporation ("New Century") on October 6, 2006. Declaration of Daniel Maynes
12
13
("Maynes Deel."), Ex. A (the "Note").
1
The Note is payable in installments, with the last
payment due on or about November 1, 2036. Id. On the first page of the Note, Mr. Larson
14
acknowledged:
15
I understand that the Lender may transfer this Note. The Lender or
anyone who takes this Note by transfer and who is entitled to
receive payments under this Note is calle_d the "Note Holder."
16
17
Id.
11.
The Note was secured by a deed of trust signed by the Larsons against real property
18
located at 11914 167th Drive NE, Arlington, Washin1=,rton (the "Property").
19
20
Id, Ex. B (the
"Deed" or "Deed of Trust"). 2 On October 9, 2006, Mr. Larson also executed a Name Affidavit
certifying the authenticity of his name and signatures on the loan documents. Id., Ex. J. In the
21
Deed of Trust, "Lender" is defined as New Century while "MERS" is defined as a "separate
22
23
24
25
26
1
The original Note is in the possession of undersigned counsel for the Trust and will he
brought to any hearing on this motion for the Court's inspection. See Mayne:s Deel. i1s.
2
Many of the exhibits to the Declaration of Daniel Maynes, including the Deed of Trust,
are also subject to judicial notice as noted in the Trust's Request for Judicial Notice, filed
herewlth.
THE TRUST., SPS, AND lVIERStS IVIOTJON FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 1
700 SW Ni• tli
I(lO 543512.8: OOS2Ii6II •(16494
'----------------------------------.
Page 3292
STOEL RIVES u.1'
f,Tl'Oi!r..'.EYS
S11iite
'P;,rtlli.Ji,<~ 0'.R. if12lli:
T.ele.pk!#re J!rJ.t22.r~J3!t9
A-.rcr&Jllt,
,oorr,
corporation that is acting solely as a nominee for Lender and Lender's successors and assigns.''
2
Id at 1-2.
3
The Note was fonded~ indeed, the transaction to purchase the Property closed. Id., Ex. C.
4
It is undisputed that the previous owners of the Property executed a Statutory Warranty Deed
5
fransferring the Property over to the Larsons. Id., Ex. D. The Larsons have provided no reason
6
why the former owners would transfer over the Property had they not received the purchase price
7
· due to the Note being unfunded. After buying the Property, the Larsons moved in and began
8
making payments on the loan, continuing to do so at least until August 2007. See Compl. ~~3.43
9
and 3.68. The Larsons admit they moved in and lived in the Propctty. Id. They continued to
10
occupy it until they moved out in November 2007 when Larson stopped making payments. Id.
11
13.70. Then, they moved back into the Property in June 2014 and currently reside there. Id.
12
13.83.
13
The Trust is holder of the Note and beneficiary of the Deed of Trust with the power to
14
foreclose. See Maynes Deel. 18. Although the right to enforce the Deed of Trust follows the
15
Note as a matter oflaw and thus the Trust is beneficiary of the Deed of Trust by holding the
16
Note, the Trust also received an assignment of MERS's interest under the Deed of Trust by
17
virtue of an assignment recorded on July 16, 2010. 3 Id 112, Ex. E. SPS is the servicer of the
18
Note and holds a limited power of attorney to act on behalf of the Trust to enforce the Note. Id.
19
~13, Ex. F.
20
B.
2l
The Larsous' Default and Non-Judicial Foreclosure Proceedings.
The Larsons have failed to make regular payments as due under the Note since March 1,
,r14.
22
2012. Id.
SPS began servicing the Note in August 2012. Id From 2012 to present, the
23
Larsons failed to make their required monthly payments and never brought the Joan balance
24
current. Id. The Larsons last made a partial payment on the Note on or about May 30, 2017,
25
26
3
MERS's involvement with the Deed of Trust, the Property, and the loan ended with this
2010 assignment.
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS A.KD AUTHORITIES IN SUPPORT - 2
S,om, Rr.'-'ES u.~
;\,rrrnL~ns
760 SW Ninth AV<TJ• e, S11ite 30001 Portland, OR 972-05
!OJ S43512.8 005216!-06494
7i:!epl,om 503.11~.338()
Page 3293
which foiled to cure their default. Id No payments have been received since May 30, 2017. ld
2
Because of the Larsons' non-payment, the Loan Records reflect that servicers for the Trust have
3
been required to pay the property's real estate taxes and homeowner's insurance, resulting in
4
over $50,000 in escrow advances for this loan. Id.
5
On December 22, 2017, a Notice of Default (the ''NOD") was issued for the Note. Id
6
~15, E-x. G. Attached to the NOD is a "Dec.laration of Ownership" making it clear that the Trust
7
is the beneficiary of the loan and "actual holder of the Promissory Note." Id. at page 8. On May
8
17, 2018, Defendant Quality Loan Service Corp. ("Quality Loan") was appointed foreclosure
9
trustee. Id. ~16, Ex. H. Quality Loan was appointed by the Trust and relied on the ownership
10
declaration attached to the NOD to prove that the Trust was the owner and holder of the loan and
11
Deed of Trust. See id. On June 8, 2018, a Notice of Trustee's Sale was recorded by Quality
12
Loan, informing of a sale to be held on October 12, 2018 for the Property. Id ~17, Ex. I.
13
C.
14
The Foreclosure Sale, the Larsons' Suit, Certain Motions to Dismiss and a Venue
Change to Snohomish County Superior Court.
15
On October 18, 2018, the Larsons filed this lawsuit in Skagit County Superior Court.
16
The Trustee's Sale was postponed once from October 12 to November 16, 2018. Id. ~18. The
17
Larsons failed to enjoin the Trustee's Sale, and the sale was held as scheduled on November 16,
18
2018. Id The Trust was the winning bidder at the sale and was issued the Trustee Deed upon
19
Sale on November 19, 2018, in accordance with the 15-day rule imposed under RCW
20
61.24.050(1), and recorded on November 21, 2018, under Snohomish County Auditor's File No.
21
201811210432. Id, Ex. N.
22
23
24
On December 20, 2018 the Skagit County Superior Court considered motions to dismiss
by several parties and a motion for change of venue. The comt held that:
•
all claims against the state and cow1ty were dismissed, ·without prejudice,
25
Declaration of D. Jeffrey Courser ("Courser DecJ."), P, Ex. A (Order filed
26
12.20.18);
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGl\1-ENT Al\-0
MEMO RA.ND UM OF POI.NTS ANO AUTHORITIES IN SUPPORT - 3
SrorL RIVf'.S l,l~
ATTO~rc•,<3
i60 SW Ninth Avenne. Sui1e J0001 Poi11arud, OR 97205
I 01543512.8 005216L--06494
reJeph01re sm.22<.Hs.o
Page 3294
•
the quiet tWe claim was dismissed, with prejudice, as to all defendants because it
was waived on foreclosure, id., ~3, Ex. B (Order filed 1.24.19);
2
3
•
the Washington CoI!ection Agency Act claim was dismissed as to Quality Loan,
the only party who moved for relief on that claim, id; and
4
5
•
6
the Motion for Change of Venue was granted for transfer to Snohomish County,
id
7
This case is now pending in this Court in Snohomish County. The parties have engaged in some
8
discovery. Courser Deel. ~4, Ex. C (Larsons' Responses to First Set of Interrogatories and
9
Requests for Production of Documents).
1O
judgment on all claims raised against them in the Complaint.
III. ISSUES PRESENTED
11
12
13
14
15
16
17
18
19
20
21
SPS, MERS, and the Trust now seek summary
I.
Whether the Larsons can maintain a Washington Consumer Protection Act ("CPA")
claim where:
a. All Evidence Shows the Loan Was Funded and Allegations of NonFunding Are Frivolous;
b. The Note and Deed Have Not Been Split and the Trust Validly Holds
Both;
c. No False Documents Have Been Recorded; Nor Can the Larsons Show
Harm from Any Recorded Document;
d. The Note ls Authentic as a Matter of Law and the Larsons' "Forgery"
Claims Must Be Dismissed with Prejudice;
22
e. Plaintiffs Ratified the Loan and Note when Plaintiffs Remained Silent
23
After Learning About the Loan, Made Payments over the Course of a Year, and
24
Accepted and Retained the Many Benefits of the Loan;
The Larsons Cannot Show any Unlawful Fees;
25
f.
26
g. The Statute of Limitations Did Not Expire Prior to the Foreclosure Sale;
THE TRUST, SPSt AND MERS'S MOTi.ON FOR SU~1ARY JUDGMIEl'fT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 4
STOEi" Rl'\,'E.S
5
IOH43S 12.8 0052161-06494
Page 3295
1.u
h. In any Event, the Larsons Cannot Show the Requisite Public Interest or
2
Causation and Damages;
L The Larsons Likewise Fail to Show Any Unfair or De~eptive Act That
3
Caused Them Injury; and
4
j.
5
6
2.
The Larsons' CPA Claim Is Time Barred as a Matter of Law.
\.Vhether tlhe Larsons can state a Washington Collection Agency Act ("WCAA"), Ch.
7
19.16 RCW, claim where this claim is time ban-ed and the only "debt collection" refened
8
to in the Complaint relates to the Trust's valid efforts to foreclose on its collateral after
9
the Larsous' default.
10
3.
Whether the Larsons can state a Washington Consumer Loan Act ("WCLA"), Ch. 31.04
11
RCW, claim where the claim is time barred and the statute does not apply to the conduct
12
discussed in the Complaint.
13
4.
Whether the Larsons can state a claim that the Washington Deed of Trust Act (the
14
"DTA"), Ch. 61.24 RCW, is unconstitutional where the Court of Appeals has rejected
15
that argument and even with a non-judicial foreclosure sale, borrowers have access to the
16
courts.
17
5.
Whether the Larsons can state an equitable cause of action or request equitable relief
18
where the Larsons are limited to actual damages by statute and there is no evidence of
19
any harm caused to the Larsons by Defendants.
IV. EVIDENCE RELIED UPON
20
21
22
This motion relies on the Declarations of Daniel Maynes and D. Jeffrey Courser, the
original Note, and the pleadings and documents filed in this case.
V. AUTHORITIES AND ARGUMENT
23
24
A.
Summary Judgment Standard.
25
Swnrnary judgment is warranted when the moving party demonstrates that no genuine
26
issue of material fact exists and judgment is appropriate as a matter of law. See CR 56(c). "A
THE TRUST, SI1 S, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS A.ND AUTHORITIES IN SUPPORT - 5
STOE;I.. Rl\'l'S UJ.l>
i\'rTOll;N:J:YS
760 SW Ninth Avenue, Suite 3000, Portl,md, OR 97205
Tdepl,m1e 503.224.3380
!01543512.8 0052161-06494
Page 3296
·1
material fact is one upon which the outcome of the litigation depends." Sangster v. Albertson's,
2
Inc., 99 Wn. App. 156, 160, 991 P.2d 674 (2000) (citing Greater Harbor 2()()0 v. City ~{Seattle,
3
132 Wn.2d 267, 279, 937 P.2d 1082 (1997)). After the moving party demor1strates the absence
4
of a material fact, the burden is on the non-moving pa11y to identify a material fact creating a
5
genuine issue for trial. See Young v. Key Pharm., Inc., 112 Wn;2d 216, 225, 770 P.2d 182
6
(1989).
7
In evaluating material evidence on summary judgment, the court is to only draw those
8
inforences that are reasonable in favor of the non-moving party. Klinke v. Famous Recipe Fried
9
Chicken, Inc., 94 Wn.2d 255,256,616 P.2d 644 (1980). The non-moving party may not rely on
1O
speculation, argumentative assertions that unresolved factual issues remain, or its affidavits
11
considered at face value. Herman v. Safeco Ins. Co. ofAm., 104 Wn. App. 783, 787-88, 17 P.3d
12
631 (200 l ). Ultimate facts, conclusions of fact, or conclusory statements of fact are insufficient
13
to raise a question of fact. Grimwood v. Univ. of Puget Sound, Inc., 110 Wn.2d 355, 359, 753
14
P.2d 517 (1988), abrogated on other ground"i by Mikkelsen v. Pub. Util. Dist. No. I of Kittitas
15
Cty., 189 Wn.2d 516,404 P.3d 464 (2017). Here, the Larsons are unable to present any genuine
16
issue of material fact that would preclude summary judgment in favor of the Trust, SPS and
17
MERS, and dismissal of the Larsons' claims.
18
B.
All Claims in the Complaint Fail as a Matter of Law.
19
The Larsons raise eight claims in the Complaint, but only four claims (a) survived the
20
motions to dismiss in Skagit County, and (b) are pied against the Trust, SPS, and MERS. As
21
shown more fully below, all of four remaining claims aimed at the Defendants should be
22
dismissed.
23
1.
24
The Larsons asserting a CPA claim must prove (1) an unfair or deceptive act or practice,
25
(2) occurring in trade or commerce, (3) affecting the public interest, (4) injury to a person's
26
business or property, and (5) causation. Hangman Ridge Training Stables, .Inc. v. Safeco Title
The Larsons' CPA Claim Should Be Dismissed.
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 6
STOEL lill\'LS LIA'
A.T"IO~m!VS
'l6{) SW Ni!Ol.lt IWL'1lt~e, Si,:ke JOOO, P>a,tf;amrl, OR 97201
T'e./epfr(i,,c W.U t4 ..3181J
Page 3297
1
Ins. Co., 105 Wn.2d 778, 784, 719 P.2d 531 (1986). AH elements o.f a CPA claim -must be
2
established. Sorrel v. Eagle Healthcare, Inc'., 110 Wn. App. 290, 298~ 38 P.3d 1024 (2002)
3
("Failure to satisfy even one of the elements is fatal to a CPA cla.im.'l Whether a particular act
4
or practice is ''unfair or deceptive" is a question of law. Leingang v. Pierce Cty. Med. Bureau,
5
Inc., 131 Wn.2d 133,150,930 P.2d 288 (1997). A plaintiff need not show the act in question
6
was intended to deceive, but must show that it had the capacity to deceive a substantial portion of
7
the public. .Jd. To show that an act or practice has the capacity to deceive a substantial portion
8
of the public, Washington courts have required a specific showing that other clients or customers
9
have been deceived by the conduct that is subject to complaint. See Burns v. McClinton, 135
10
Wn. App. 285, 143 P.3d 630 (2006) (reversing CPA violation for insufficient evidence that
11
conduct had capacity to deceive a substantial portion of the public because claimant failed to
12
show that other clients were harmed by the alleged conduct).
13
elements to prevail on a claim and will therefore fail if he or she cannot satisfy one element.
14
Sorrel, 110 Wn. App. at 298 (citing Hangman Ridge, 105 Wn.2d at 793).
4
The plaintiff must satisfy all five
15
Here, the Larsons allege various theories of unfair and deceptive behavior that allegedly
16
violate the CPA, including: (a) "Attempting to collect a loan which was never funded"; (b)
17
"Intentionally splitting the note from the Security Instrument and transferring each separately";
18
(c) "Falsifying, forging and improperly transfcning the note and recording falsified, forged, and
19
inaccurate documents"; (d) "Charging and attempting to collect charges and fees from Plaintiffs
20
which are not owed and/or could not be charged"; and (e) "Violating" provisions of the Deed of
21
22
23
24
25
26
4
See also Micro Enhancement Int 'l, inc. v. Coopers & Lybrand, LLP, l lO Wn. App. 4 J2,
40 P.3d a206 (2002) (upholding dismissal of CPA claim by trial c.omt based on failure to show
that alleged conduct impacted anyone other than the claimant); Henery v. Robinson, 67 Wn. App.
277, 834 P.2d 1091 (1992) (isolated communications between plaintiff and defendant only
inadequate to establish deceptive act or practice for CPA claim).
THE TRUST, SPS, AND MElRS 1 S MOTTON FOR SU!\'IMARY JUDGMENT AN.D
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 7
1_0l543512.11 liO5296l-06494
Page 3298
Trust Act and ... attempting to foreclose on a void note and deed of trust after the statute of
2
limitations expired." Compl. i4.3.3. 5 AH of these theories should be rej:ect.ed.
3
The evidence shows that (a) the Loan was funded, (b) the Note and.Deed of Trust. have
4
not been split and both are held by the Trust, (c) no false documents have been recorded, (d)
5
there is no evidence of any unlawful fees, and (e) the statute of limitations did not expire under
6
the Deed of Trust. Additionally, the CPA claim also should be dismissed because the Larsons
7
cannot show the requisite public interest, causation and damages, or that their claim is timely.
8
a.
9
10
All Evidence Shows the- Loan Was Funded and Allegations ofNonFunding Are Frivolous
First, the Larsons claim that the CPA was violated because the Note was never funded,
11
but such allegations are frivolous and without evidence.
12
discovery, the Larsons clarified that they have no direct evidence that the loan was unfunded,
13
rather as supporting facts for their assertion, the Larsons could only provide the following:
14
"Evidence shows New Century did not have money to pay loans during applicable time periods.
15
MERS practice at this time was not to fund mortgages." Courser Deel., Ex.Cat 5.
16
To illustrate, in responding to
Contrary to this unfounded assertion, the Note was funded. In fact, the transaction to
It is undisputed that the previous owners of the
17
purchase the Property closed.
18
Property executed a Statutory Warranty Deed transferring the Property over to the Larsons. Id.,
19
Ex. D. The Larsons have provided no reason why the former owners would transfer over the
20
Property had they not received the purchase price due to the Note being unfunded.
21
b.
22
Id., Ex. C.
As a Matter of Law, the Note and Deed Have Not Been Split and the
Trust Validly Holds Both
23
The Trust is the current holder of the Note and Deed of Trust, and these instruments have
24
not been "split" nor can they be under Washington law. In responding to discovery, the Larsons
25
26
5
This paragraph of the Complaint appears to be mism.llmbered, as it appears at page 36,
right after if4.4.2. and before i!4.4.4.
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 8
S'l'O!::L RIVES Lu>
ATTQRKEVS
760· SW N'iatlc /wern:i;;o, Smilte JilOO/. Prot1"'1'1l OR 97205
1'elepiwm: SOJ.22 ,138,(}
HY! 543H2.8 0052161-0649'4
Page 3299
1
clarified their splitting of the Note theory, summarizing the facts supporting their theory as:
2
"MERS separate interest in the Deed of Trust was intended to separate the Deed of Trust from
3
the Note prior to the initiation of the security instmment. MERS itriterest in the security interest
4
was either void or abrogated by the New Century's bankruptcy court's order." Courser Deel.,
5
Ex.Cat 11.
6
MERS's assignment of the Deed of Trust to the Trust has no impact on the Trust's
7
authority to appoint successor trustees or foreclose. Additionally, MERS did not appoint any of
8
the foreclosure trustees that the Larsons take issue with; rather, it is the fact that the Trust holds
9
the endorsed-in-blank Note that gives it the right to foreclose, not any action by MERS. The,
1O
Trust appointed successor trustees to foreclose under the Deed of Trust because of its holder
11
status, pursuant to, among other things, the Ownership Declaration attached to the Notice of
12
Default. Maynes Decl.115, Ex. G at 8.
13
14
In short, there is no evidence that the parties intended to split the Note and Deed of Trust;
instead, all evidence indicates the Trust holds both instruments and has done so for some time.
15
(i)
16
The Trust Can Foreclose Because It Holds the Note and Deed
of Trust
17
The Trust can commence foreclosure because the Trust holds the· Larsons' Note and
18
Deed of Trust. The Washington Supreme Court in Bain, citing the UCC provisions defining
19
"holder" and "'person entitled to enforce,"' held that to enforce a Note and to commence a non-
20
judicial foreclosure proceeding, '"a beneficiary must either actual1y possess the promissory note
21
or be the payee."' Bain v. Metro. Mortg. Grp., Inc., 175 Wn.2d 83, 103-04, 285 P.3d 34 (2012)
22
(citation omitted). Under Washin&rton law, the Trust is the beneficiary of the Larsons' Deed of
23 · Trust because it holds the Note. See, e.g., RCW 62A.3-205; RCW 62A.3-301 (the holder of the
24
note includes any party who takes possession of the note, endorsed in blank, by transfer); RCW
25
61.24.005(2) (beneficiary is the "holder of the [promissory note] ... secured by the deed of
26
trust"); Lynott v. Mortg. Elec. Registration Sys., Inc., No. 12-cv-5572 RBL, 2012 WL 5995053,
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 9
S11'0EL lil.l\'U ur
A1'1rl!lillN!l!'ll'"i,
760 SW Nintl1 Avenue, Suiit: 3000. l'otlla11<l, OR 97205
Ttdep!wrie 50.3.2U.3J8/J .
-
IOI 543512,8 0052161-06494
Page 3300
1
at *2 (W.D. \Vash. Nov. 30, 2012) C:U.S. Bank is the beneficiary of the deed because, it holds
2
Plaintiff's Note, not because MERS assigned it the deed.").
3
As Bain recognized, the identification of MERS in a deed of trust or on an assignment in
4
the chain of title, standing alone, creates no claims. Bain, I 75 Wn.2d at 120 ("[T]he mere fact
5
MERS is listed on the deed of trust as a beneficiary is not itself an actionab_le injury."); see also
6
Walker v. Quality Loan Serv. Corp., 176 Wn. App. 294, 323, 308 P.3d 716 (2013) (rejecting the
7
argument that designation of an ineligible beneficiary, "standing alone, renders [a deed of tmst]
8
void"); Zalac v. CTX Mong. Corp., No. C12-01474 MJP, 2013 WL 1990728, at *3 (W.D. Wash.
9
May 13, 2013) ('"the mere fact MERS is listed on the deed of trust as a beneficiary is not itself
10
an actionable injury"' (quoting Bain, 175 Wn.2d at 120)); Bhatti v. Guild Mortg. Co., No. Cll-
11
0480JLR, 2011 WL 6300229 (W.D. Wash. Dec. 16, 201 I) (no declaratory relief based on
12
MERS's capacity as nominee in deed of trust), affd, 550 F. App'x 514 (9th Cir. 2013)
13
(unpublished).
14
Although the Bain court took issue with a MERS assignment in the chain of title, many
15
cow-ts have distinguished Bain, noting that "the sole alleged authority to foreclose [in Bain] was
16
based on the assignment of the Deed of Trust by MERS," and thus Bain does not apply where
17
the foreclosing beneficiary "derived its authority from holding the Note itself." Cameron v.
18
Acceptance Capital Mortg. Corp., No. C13-1707 RSM, 2013 WL 5664706, at *3 (W.D. Wash.
19
Oct. 16, 2013). That is precisely the case here.
20
(ii)
The Note Was Endorsed in Blank and the Trust Is the Current
Holder
21
22
The Lender on the Note is New Century, which converted the Note to bearer paper by an
23
endorsement in blank. See Maynes Deel., Ex. A at 6. Thereafter, it was transferred to the Trust
24
and it is currently held and owned by the Trust. Maynes Deel. ~8, supra note l. This means, by
25
definition, the Trust is the beneficiary under the Deed of Trust and is entitled to conduct a non-·
26
judicial foreclosure proceeding as provided in the OTA.
THE TRUSTt SiPS, AND MERStS MOTJON FOR SUMMARY ,TUDGME-NT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 10
HH5435 l2.S 0052161-0-&-t\14
Page 3301
4
Under Washington law an instrument endorsed in b1ank becomes
payable to the bearer·and may be negotiated. RCW 62A.3-205(b).
The holder of a negotiable instrument is the person in possession
and is entitled to enforce it RCW 62A.3-301; 62AJ-201(20).
Here, Plaintiff does not contest that Chase is in physical possession
of the note and that it is endorsed in blank. Therefore, Chase is the
holder of the note as a matter of.law.
5
Zalac, 2013 WL 1990728, at *3. The seminal case on this issue is Brown v. Washington State
6
Department of Commerce, 184 Wn.2d 509, 524, 359 P.3d 771 (2015).
7
Washington Supreme Court examined sales of loans and the legislative history of the DTA,
8
ultimately holding that the legislature's clear purpose in passing the statute was to ensure the
9
party with authority to enforce and modify the note is the party who forecloses.
2
3
In Brown, the
Id
10
Accordingly, Freddie Mac, the loan owner in Brown, was not the party entitled to enforce the
11
note, only the holder of the Note could enforce. The Court in Brown explained:
12
Freddie Mac's practice of splitting note ownership from note
enforcement is at the heart of this case. Freddie Mac owns Brown's
note. At the same time, a servicer ... holds the note and is entitled
to enforce it. As we will describe below, Washington's Uniform
Commercial Code (UCC) authorizes this division of note
ownership from note enforcement.
13
14
15
16
Id. at 523. Under Brown, the note holder can enforce a deed of trust even if the holder is not the
17
owner.
18
material question in determining who is entitled to enforce an endorsed-in-blank Note.
Thus, under established Washington precedent, the holder of the Note is the only
(iii)
19
Transfer of the Note to the Trust Carried with It the Right to
Enforce the Deed of Trust
20
21
It is well established in Washington (hat the security-the Deed of Trust-follows the
22
transfer of the Note.
23
Larsons' Deed of Trust was transferred with it by operation of law. It is bJack letter law in
24
Washington - as well as elsewhere - that the right to enforce the deed of trust follows the
25
transfer of the debt:
When the Note was transferred to the Trust, the right to enforce the
26
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 11
ST(lF;L RIVl:S LLI'
A'nr::
16<'il .SW ~-m~ln Ave1mie, Si,iit
., Pootla:illd,. OR
1'elepir,;WJ~ ${I
;, JJJNJ
l-Dl 5435 EV! <l~IS2161-Gl6494
Page 3302
<nws
l
2
3
4
5
The statute merely codifies the longstanding common law mle that
the deed follows the debt: "Transfer of the note carries with it the
security. \.Vithout any formal assignment or delivery, or even
mention of the latter.'' In re Jacobsen, 402 B.R. 359, 367 (noting
that "this principle is neither new nor unique to Washington")
(quoting Carpenter v. Longan, 16 Wall. 271, 83 U.S. 271 1 275; 21
L.Ed. 313 (1872)); see also Fidelity & Deposit Co. of Ma,ylandv.
Ticor Title Ins. Co., 88 Wash.App. 64, 68-69, 943 P.2d 710 (1997)
(noting "the maxim that the mortgage follows the debt"). Flagstar,
as the Note-holder and beneficiary, properJy appointed MTC.
6
7
8
9
10
11
12
13
14
.Myers v. Mortg. Elec. Registration Sys., Inc., No. 11-cv-05582, 2012 WL 678148, at *3 (W.D.
Wash. Feb. 24, 2012) (emphasis added); Johnson v. CitiMortgage, Inc., No. 2:13-cv-00037,
2013 WL 6632108, at *4 (W.D. Wash. Dec. 17, 2013) ("CitiMortgage's possession of the
original Note imparts the authority to enforce the terms of the Deed of Trust.").
No formal assignment of the deed of trust is required.
In sum, the Larsons' theory that the Note and Deed of Trust have been split, or that
somehow MERS's conduct has impacted the ability of the Trust to foreclose and appoint
foreclosure trustees fail as a matter of law.
15
c.
16
17
18
19 -
No False Documents Have Been Recorded; Nor Do the Larsons Have
Standing to Challenge the Recorded Documents
The Larsons do not allege with any specificity which documents they allege are falsely
recorded or why the Larsons believe that the Note has been improperly transferred. See Compl.
14.3.3(c). ln response to discovery, the Larsons clarified:
20
21
22
23
24
25
The chain of title was based on the presumption that MERS owned
legal title to the Deed of Trust and that it could transfer the Deed of
Trust (and possibly the note) to parties other than the noteholder
for its own benefit MERS had no right to convey any interest in
the Note or any c1aim to be a beneficiary under the Deed of Trust.
Further, MERS was precluded by the bankruptcy court from
transferring any interest in the Deed of Trust related to the New
Century bankruptcy to anyone.
Courser Deel., Ex.. Cat 8.
26
THE TRUST, SPS, AND MERS'S .MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 12
HH:5435 l2.l.l 0052161-1)6494
Page 3303
l
As an initial matter, the Larsons lack standing to chaHenge any assignment of the Deed of
2
Trust because a "borrower generally lacks standing to challenge the assignment of its loan
3
documents unless the borrower shows that it is at a genuine risk of paying the same debt twice."
4
Andrews v. Countrywide Bank, NA, 95 F. Supp. 3d 1298, 1301 (W.D. Wash. 2015). As the
5
Larsons have neither alleged nor shown that they are or were at risk of paying the same debt
6
twice, pdor assignment documents cannot state the basis for a CPA claim. See, e.g., Lake v.
7
MTC Fin., Inc., No. Cl6-1482JLR, 2017 WL 3129624, at *5 (W.D. Wash. July 24, 2017)
8
(explaining that borrowers lack, standing to attack assignments), aff'd sub nom. Lake v. Deutsche
9
Bank Tr. Co. Americas, as Tr. for Certificate Holders of Dover }ir:fortg. Capital 2005-A~Corp.,
10'
740 F. App'x 609 (9th Cir. 2018) (unpublished).
11
Because "any assignment of the Deed of Trust from MERS ... had no legal effect on the
12
ownership or possession of the Note," the MERS assignment to the Trust is simply "in-elevant"
13
t_o the issues presented here~narnely issues of improper foreclosure procedures and/or lack of
14
authority to foreclose. In re Butler, 512 B.R. 643,656 (Bankr. W.D. Wash. 2014), abrogated on
15
other grounds as recognized by Trujillo v. Nw. Tr. Servs., Inc., 183 Wn.2d 820, 836 n.12, 355
16
P.3d 1100 (2015). As one court explained:
17
19
rRlecording of an assignment of a deed of trust does not affect a
bon-ower's rights. Nor did the recording of documents cause the
rborrowers1 to breach their loan agreement bv not makin!!
oavments. As a result. anv claim premised on publicly recorded
[deed of trust assignment] documents must fail.
20
McPherson v. Homeward Residential, No. Cl2-5920 BHS, 2014 _WL 442378, at *6 (W.D. Wash.
21
Feb. 4, 2014) (citation omitted).· The Larsons' arguments based upon the presence, or absence,
22
of assignment documents executed by MERS or any other party to establish the beneficiary
23
status of the Trust are based upon "'a fundamental misunderstanding of the law"' as explained
24
above at page 13 (quoting Lynott, 2012 WL 5995053, at *2). Simply put, "assignment of the
25
[trust deed] is not relevant" to assessing the validity of a mortgage and the ability to foreclose.
26
Allen v. US Bank, NA (In re Allen), 472 B.R. 559,569 (B.A.P. 9th Cir. 2012).
18
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORAl'lDUM OF POINTS AND AUTHORITIES IN SUPPORT - l 3
Si'ou, R!Vli:S II.LI'
AIT~i:'.'11'5
n,o SW Niota Avenue, Soite 30!,0, Portllmd, OR 97205
Tdcpimm, 503.1UJ3W
[01543512,8 0052161-06494
Page 3304
1
Because the Larsons lack standing and because prior recorded assignments have no
2
practical :impact on them, the, Larsons' theory of CPA liability based on previously recorded
3
documents should be dismissed as a matter of law.
4
d.
5
The Note Is Authentic as a Matter of Law and Larson's "Forgery''
Claims Must Be Dismissed with Prejudice
6
A promissory Note is commercial paper. See United States v. Varner, 13 F.3d 1503,
7
1508 n.5 (11th Cir. 1994). Under ER 902(i), commercial paper qualifies as a self-authenticating
8
document. See, e.g., id. at 1509 ("Mere production ofa note establishes primafacie authenticity
9
and is sufficient to make a promissory note admissible." (emphasis added)). Under RCW 62A.3-.
10
308(a), signatures on instruments are presumed to be authentic and authorized:
ll
In an action with respect to an instrument, the authenticity of, and
authority to make, each signature on the instrument is admitted
unless specifically denied in the pleadings. If the validity of a
signature is denied in the pleadings, the burden of establishing
validity is on the person claiming validity, but the signature is
presumed to be authentic and authorized unless the action is to
enforce the liability of the purported signer and the signer is dead
or incompetent at the time of trial of the issue of validity of the ·
signature.
·
12
13
14
15
16
Bucci v. Nw. Tr. Servs., Inc., 197 Wn. App. 318, 332, 387 P.3d I 139 (2016) (emphases in
i7
original).
18
The Bucci court applied this presumption in a suit to enjoin a sale, where
19
the attorney for the lender brought the original note to the hearing. Id. at 327-28. Official
20
Comment 1 to UCC § 3-308 explains the presumption that the signature is authentic:
21
22
23
24
25
26
"Presumed" is defined in Section 1-20 l and means that until some
evidence is introduced which would support a finding that the
signature is forged or unauthorized, the plaintiff is not required to
prove that it is valid. The,presumption rests upon the fact that in
ordinary experience forged or unauthorized signatures. are very
uncommon, and normally any evidence is within the control o±: or
more accessible to.. the defendant. The defendant is
therefore required to n1ake some sufficient sh.owing of the grounds
for the denial before the plaintiff is required to introduce evidence.
The defendant's evidence need not be sufficient to re.quire a
directed verdi.ct, but it must be enough to suppo1i the denial by
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 14
STOf.L RtVT!'.S LI.I'
/qT{l!i\'tE\IS
1("11 SW ,N;nl:Jt A'ilttiri,c, Swil~ 300D, l'l:ITT!iamd, OR 97205
HH543512 . 8 (}1}52!6!.()6494
Tefrphtme 56;,;a,.rn,o
Page 3305
permitting a finding in the defendant's favor. Until introduction of
2
3
such evidence the presumption requires a finding for the plaintiff.
Once such evidence is introduced the burden of establishing the
signature by a preponderance of the total evidence. is on the
plaintiff.
4
ln the present case, the presumptions are that the Note was vaHd and Mr. Larson's
5
signature on the Note is authentic and authorized. Accord U.S. Bank NA. v, La ]11/othe, No.
6
72526-2-I, 2016 WL 885001 (Wash. Ct. App. Mar. 7, 2016) (unpublished), rev. denied, 186
7
Wn.2d 1012, 380 P.3d 498 (2016). There is no evidence of forgery, and Plaintiffs' claim fails as
8
a matter of law. Mr. Larson's signature was notarized on at least two separate occasions: on the
9
Deed of Trust and on an affidavit in which Larson testified as to the authenticity of his signature.
1o
See Maynes Deel., Ex. B at 19, Ex. J (name affidavit).
11
authenticity and validity of the Note are frivolous and without merit.
e.
Plaintiffs' claims attacking the
13
Plaintiffs Ratified the Loan and Note When Plaintiffs Remained Silent
After Learning About the Loan, Made Payments over the Course of a
Year, and Accepted and Retained the Many Benefits of the Loan
14
Plaintiffs allege in their Complaint that New Century was the "loan originator" and that
15
Plaintiffs "timely made all their payments to New Century until August 2007 ... " Compt. ,r,r3.43
16
and 3.68. Mr. Larson used the loan to buy the Property. See Maynes Deel., Ex. D at 7. The
J7
Larsons occupied the Property until November 2007. Compl. if3.70. They moved back into the
18
Property in June 2014 and currently reside there. Id. il3.83. Plaintiffs thus accepted the benefits
19
of the loan. Additionally, servicers of the Trust have paid the Property's real estate taxes and
20
homeowner's insurance, totaling over $50,000 expended in escrow advances. See Maynes Oec1.
21
if 14. Even if the signatures on the loan documents, including the Note, are not Mr. Larson's
22
signatures (a point which the Trust specifically does not concede), the Larsons ratified the loan,
23
and the Note is enforceable.
12
24
A party ratifies another's acts if he intentionally assumes the obligation imposed without
25
inquiry, accepts tbe benefit of the acts, or acts with full knowbedge of the facts. Stroud v. Beck,
26
49 Wn. App. 279, 286, 742 P.2d 735 (1987). Little is required to ratify transactions as to third
THE TRUSTt SPS1 AND MERS'S MOT[ON FOR SUl\lMARV JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT- 15
STOEl, RIVES
u,
ATroR.>mYS
160 SW Niotb A.\""1tlC. Suire 3000, i'ortlane, OR 9°7205
rii'iep/tfMi-t 5:0321-1.3380
1'01 :S43512Jl 00~216Hi6494
Page 3306
persons: mere SElenc-e and foaction are usually suffident Lemcke v. A. L. Funk & Co., 18 \Vash.
2
460, 466, 139 P. 234 (] 914). If a person claims that a contract or conveyance \.Vas procured by
3
fraud, he must elect to rescind promptly or he· will be barred from relief upon the ground of
4
having ratified the transaction. Power v. Esarey, 37 Wn.2d 407, 417, 224 P.2d 323 (1950). A
5
party ratifies a contract if, after discovery of facts that warrant rescission, she remains sitent or
6
continues to accept the contracts' benefits. Snohomish County v. Hawkins, 121 Wn. App. 505,
7
511, 89 P.3d 713 (2004). F11rther, RCW 62A.3-403 provides in part that "[a]n unauthorized
8
signature may be ratified for all purposes of this Article." Official Comment 3 to UCC § 3-403
9
states that "[r]atification is a retroactive adoption of the unauthorized signature by the person
10
whose name is signed and may be found from conduct as well as from express statements."
11
Comment 3 further states that ratification "may be fow1d from the retention of benefits received
12
in the transaction with knowledge of the unauthorized signature." As stated in a treatise:
13
14
15
·1
When there is a ratification of a transaction it is by definition a
ratification of the entire transaction. Consequently when there is a
ratification of a note and loan agreement, such ratification extends
to the entire transaction which includes the forged signing of the
note and loan agreement by an unauthorized person.
16
17
6 David Frisch, Lawrence's Anderson on the Uniform Commercial Code § 3-404:56, Westlaw
18
(3d ed. database updated Dec. 2018). Washington's law on ratification follows the Restatement
19
(Second) of Agency (1958). See, e.g., Riss v. Angel, 131 Wn.2d 612,636,934 P.2d 669 (1997);
20
Nichols HillsBankv. McCool, 104 Wn.2d 78, 85, 701 P.2d 1114 (1985).
21
22
23
24
Ratification is the affirmance by a person of a prior act which did not
bind him but which was done or professedly done on his account,
whereby the act, as to some or all persons, is given effect as if
originally authorized by him.
Restatement (Second) of Agency § 82 .
. 25
Simply retaining benefits of a transaction, without more, constitutes ratification by
26
operation of law. The Restatement (Second) of Agency § 94, adopted in Washington, recognizes
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - Il 6
SToi:1., Rn,'P.S u,,
AITOmF."t'li
760 SW Ni111l1 Avemte, Suile 3000, Pmilaa<L OR 97205
IOJS43512.8 0052.161-06494
Tel~phone JOJ.224.3380
Page 3307
that retention of property or other inconsistent acts such as a claim brought against the agent for
2
proceeds from the transaction in question, results in ratification as an operation oflaw.
3
It states:
The second group of cases in which ratification is found consists of
cases in which ratification is imposed because of inconsistent
conduct. Here the ratifier's conduct, said by the courts to be an
affitmance by him, is of one of two types. First where, knowing the
· facts, he receives property which is the product of a prior
unauthorjzed transaction or, having received such property, he leams
the facts before he has change<l his position, and fails to return it ...
The receiver or holder in such a case may or may not be willing to be
a party to the transaction but he becomes responsible as if he were,
inespective of his consent, because of his conduct in receiving or
failing to return the property. Another type of cases where there is
"forced" ratification includes those in which, without receiving
property, a purported principal does an act which is inconsistent with
the non-existence of affirmance, as where he ... brings an action
against the pseudo agent for the proceeds of the transaction . . . .
Again, willingness to be a party to the earlier affair is immaterial.
The resulting liabilities are created by the courts despite any'
unwillingness.
4
5
6
7
8
9
1,0
11
12
13
Id. § 94 Reporter's Notes. The retention of property renders any attempt at repudiation inelevant."
14
As the Repmter observes:
15
Here the courts have ordinarily said that failure to repudiate within a
reasonable time coupled with a failure to offer to return what was
received is ratification and not merely evidence of it. These cases
are distinct from those dealt with in preceding paragraphs and do not
come within the rule as to voluntary ratification since, if there is a
retention of property which should be returned, ratification results
automatically without reference to the principal 's desires.
16
17
18
19
20
Id (emphases added). "[J]f there is a retention of property which should be returned, ratification
2.1
results automatically without reference to the principal's desires." Id. (emphasis added).
22
In the present case, Mr. Larson used the loan proceeds to purchase the Property and he
23
obtained title to the Property. Maynes Deel., Ex. D. The Larsons moved into the Property, and Mr.
24
Larson began making payments on the Joan. They continued to reside on the Property until.
25
November 2007.
26
remain there.
Plaintiffs moved back into the Property again jn June 2014 and presently
THE TRUST,-SPS, AND MERS'S MOTION FOR SUM.MARY .JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 17
STO!&l, Rl\'LS 1,u,
Ann11.N:JS11$
760 SW Nin1h Av~oue, Suite 3000. Portland, OR 97205
t,/eph,me j{)J. 224.!13/JfJ
1015435!,2,8 0052161-06494
Page 3308
1
2
3
Through aJl of these actions, even assuming arguendo that some third party forged Mr.
Larson's signature on the Note, the Larsons fully ratified the New Century loan and Note.
f.
The Larsons Cannot Show Any Unlawful Fees
4
The Larsons vaguely claim that unlawful fees have been charged, but in response to
5
discovery, the Larsons only support for this theory is the proposition that the Trust's "chain of
6
title stems from an unlawful conveyance,. which should be cancelled and be expunged" and
7
therefore, presumably, any fees charged by the Trust and its agents are unlawful. Tims, this
8
theory of unlawful fees appears to be duplicitous of the Larsons' other grounds for relief and
9
fails as a matter of law because the Trust is the holder of the Note and thus has the power to
1O
11
collect payment on the loan and foreclose.
g.
12
The Statute of Limitations Did Not Expire Prior to the Foreclosure
Sale
13
Washington law provides that a new statute of limitations applies to each payment as it
14
becomes due under an installment note. See Edmundson v. Bank of Am., NA., 194 Wn. App,
15
920, 930.Jl, 378 P.3d 272 (2016); Herzog v. Herzog, 23 Wn.2d 382,388, 161 P.2d 142 (1945);
16
25 David K. Dewolf et al., Washington Practice: Contract Law and Practice§ 16:21, Westlaw
J7
(3d ed. database updated Nov. 2018) ("Where a contract calls for payment of an obligation by
18
installments, the statute of limitations begins to run for each installment at the time such payment
19
is due."). Payments were due under the Note until 2036. Maynes Deel., Ex. A at 1. Thus, the
20
statute of limitations could not have possibly expired for all payments due under the Note, as
21
some payments had not yet come due.
22
Further, although the Complaint has vague references to the Note being accelerated prior
23
to foreclosure, there is no evidence of acceleration here. In Washington, "acceleration does not
24
occur automatically by invoking the power of sale," 4518 S. 256th, LLC v. Karen L. Gibbon,
25
P.S, 195 Vln. App. 423, 445, 382 P .3d ] (2016). The Larsons have the burden to show that the
26
Defendants took some affinnative action to communicate foll acceleration of the Note "in a clear
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS Al\ll AUTHORITI.ES IN SUPPORT - J8
STOEL Rl\'TS "'--"
ATll:l!l:N:EYS
760 SW Ninth Avooue, Suite 30001 Portll!lld, OR 97205
10l543512.8 005216l-06494
Teiephom, 503.22•.338<!
Page 3309
1
and unequivocal manner." Merceri v. Bank of NY Mellon, 4 Wn. App. 2d 755, %1, 434 P.3d
2 . 84 (2018). Further, even if the Larsons e-ould point to some notice as allegedly accelerating the
3
loan, Erickson v. America's Wholesale Lender, No. 77742-4-I, 2018 WL ]792382 (Wash. Ct.
4
App. Apr. 16, 2018) (unpublished),6 the OTA would bar the Larsons' argument.
5
In Erickson, the Court of Appeals, Div. I, considered acceleration in the context of a non-
6
judicial foreclosure proceeding. The Erickson court found that because the OT A authorizes
7
debtors to cure their defaults up until the 11th day before the date of~ a tmstee's sale, acceleration
8
necessarily cannot occur where the creditor did not take action to accelerate the loan within 11
9
days before sale. 2018 WL 1792382, at *3-4. The Erickson court concluded that the creditor
10
was thus precluded from enforcing the election to accelerate a loan, and thus full acceleration
1]
had not in fact occ1med. Id.
12
A similar analysis applies here. Paragraph 19 of the Deed of Trust provides that the
13
borrower has a right to reinstate the loan prior to the earliest of: five days before any foreclosure
14
sale; termination of borrower's right to reinstate under applicable law; or entry of judgment.
15
Maynes Deel., Ex. B. Specifically, the Deed of Trust provides:
16
19. · Borrower's Right to Reinstate After Acceleration. If
Borrower meets certain conditions, Borrower shall have the right
to have enforcement of this Security Instrument discontinued at
any time prior to the earliest of: (a) five days before sale of the
Property pursuant to any power of sale contained in this Security
Instrument; (b) such other period as Applicable Law might specify
for the termination of the Borrower's right to reinstate; or (c) entry
of a judgment enforcing this, Security Instrwnent.
17
18
19
20
21
Id. 119. Under Erickson, Paragraph 19 of the Deed of Trust acts as a contractual bar to any full
22
acceleration of the loan until after one of the enumerated events has occurred.
23
24
25
26
6
Undersigned counsel notifies the Court that the case is unpublished and thus has no
precedential value and is not binding upon this Court, but the case may be properly cited a<;
nonbin<ling authority and may be accorded such persuasive value as the Court deems
appropriate.
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS At~D AUTHORITIES IN SUPPORT- 19
STOl:'.I. R:l:V/1.S LU
A Trulf~t.YS
16t1 SW Niotlt A,-tnme, Sail<: 301'.iC•, Pnttt.imd, 011'. 9m'5
Telep/mm soi,lhJJ&IJ
IOJ5~35l2.8 ()!)'52l6l.{)649'4
Page 3310
Finally, even if the Nole was somehow accelerated, the last payment made by the Larsons
2
in May 2017 serves as an acknowledgment of the debt that operated to restart the statute of
3
Iim]tations. Wickwire v;. Reard, 37 Wn.2d 748, 759, 226 P .2d l 92 (195 O (holding that a partia]
4
payment, which is an act acknowledging the debt, extends the limitation period another six
5
years). Under Washington law, an acknowledgement of an existing debt removes the note from
6
the statute of limitations and restarts the statute of limitations on the new promise. Lombardo v.
7
Mottola, 18 Wn. App. 227,229,566 P.2d 1273 (1977); Jewell v. Long, 74 Wn. App. 854,857,
8
876 P.2d 473 (1994); Fetty v. Wenger, 110 Wn. App. 598, 602, 36 P.3d 1123 (2001). Any
9
attempts at loss mitigation similarly would restart the statute. See, e.g., Thacker v. Bank of N. Y.
10
Mellon, No. 18-5562 RJB, 2019 WL 1163841, at *6-7 (W.D. Wash. Mar. 13, 2019). The
11
Larsons, therefore, have no claim that the statute of limitations expired prior to the 2018
12
foreclosure sale.
13
h.
14
In Any Event, the Larsons Cannot Show the Requisite Public Interest
Impact
15
The Larsons ao;;serting a CPA claim must allege facts showing that the unfair or deceptive
16
conduct alleged somehow impacts the public. Hangman Ridge, 105 Wn.2d at 780. "[I]t is the
17
likelihood that additional plaintiffs have been or will be injured in exactly the same fashion that
18
changes a factual pattern from a private dispute to one that affects the public interest." Id. at
19
790.
20
persons; (b) had the capacity to injure other persons; or (c) ha[ve] the capacity to injure other
21
persons." RCW 19.86.093(3)(a).
This means the Larsons must show that Defendants' act(s) have "(a) [i]njured other
22
The Larsons do not allege how Defendants' actions injured them, much less anyone else.
23
Michael v. Mosquera-Lacy, 165 Wn.2d 595, 604-05, 200 P.3d 695 (2009). Instead, the Larsons
24
try to convert a contract dispute between private parties about a loan transaction into a CPA
25
violation without show~ng how it affects the public. See Behnke v. Ahrens, l 72 Wn. App. 28 l,
, 26
293,294 PJd 729 (2012) ("Where the transaction was essentially a private d ispute ... it may be
1
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MF:MORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 20
S'Tor.i... R1vlls uJP
1\1:1"91':!'Jlr'~
160 SW Ninth Avenue, Smto 30001 J>~rthmd. OR 972f)S
Telepnone 503.12,.338(}
1()1543512.8 0052161-06494
Page 3311
more difficult to show that the public has an interest in the subject matter."). The lack of any
2
public nexus dooms the Larsons' CPA claim.
3
i.
4
Tl1e Larsons Likewise Fail to Show Any Unfair or Deceptive Act That
Caused Them Injury
5
Furthermore, the Larsons have not and cannot show that Defendants committed an unfair
6
or deceptive act that caused them il1jury. Indeed, the Larsons fail to show any injury they would
7
not have otherwise incurred in the absence of Defendants' conduct. See Courser Deel., Ex.Cat
8
15 (describing damages primarily as "'lost equity" and "[l]oss of use'' of the Property); cf Bavand
9
v. One W. Bank, 196 Wn. App. 813, 846, 385 P.3d 233 (2016); Djigal v. Quality Loan Serv.
10
Corp. of Wash., Inc., 196 Wn. App. 1038, 2016 WL 6216252, at *10 (2016) (unpublished). 7
11
Notably, the Larsons do not contest that they been in significant arrearages on their
12
mortgage. See generally Comp!. To the extent the Larsons have any injury, it is foreclosure-
13
related and their failure to make payments is the proximate cause. The Larsons cannot show that
14
but-for Defendants' actions, no foreclosure proceedings or default would have occurred. See
15
Indoor Billboard/Wash., Inc. v. lntegra Telecom of Wash., Inc., 162 Wn.2d 59, 82, 170 P.3d J0
16
(2007).
17
To the extent that the Larsons allege damages in the form of investigative costs
18
associated with recorded notices related to the Property, such damages are unreasonable and
19
insufficient to support their claim. See Compl. i[4.4.6(b). The Larsons have not produced any
20
evidence showing that they had reasonable confusion about where to send their monthly
2J
payments, and thus they cannot establish any prejudice from any alleged irregularities in the
22
chain of title. See Zalac, 2013 WL 1990728, at *3 (rejecting damages claim based on a MERS
23
assigning in the chain of title because "Plaintiff routinely received written notification regarding
24
7
25
26
Undersigned counsel notifies the Court that the case is unpublished and· thus has no
precedential value and is not binding upon this Court, but the case may be properly cited as
nonbinding authority and may be acc-0rded such persuasive value as the Court deems
appropriate.
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY .JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 21
STOl'.L RIVES u,p
ATNRNE't.S
,00 SW Nu,1l1 Avem,oe, 5,;,fu, :J,CJ".Jll .Port!,ai,d, OR ·9720-S
1
Tdr;phwre :5~'1.12~.JJ,81)
!01543512,8 ()(J'52I61,--06494
Page 3312
1
which entity was servicing his loan and had no communication \.Vith MERS"); Salmon v. Bank of
2
4m.
3
is no basis for the Court to find that the [borrowers'] rights under the Virst Deed of Trust were
4
affected by the recording of the [MERS] Corporation of Assignment of Deed1').
Corp., No. CV-W--446-RL\1P, 201 l WL 2174554, at *8 (E.D. Wash. May 25, 2011) ("there
5
The Larsons claim they sustained damages in investigating the securitization of their
6
loan; but such investigatory damages are not reasonable, as the Larsons do not dispute that they
7
always knew which institution to pay and were never told to make payments to two different
8
institutions at one time. See, e.g., Compl. ~4.4.6(c) (seeking damages for the "[t]ime and effo1t
9
by Plaintiffs Chris and Angela Larson in investigating the history of the purported securitization
10
process for the loan and New Century Mortgage Company's history, including its bankruptcy
11
and the consequences thereof"). Thus, the Larsons had no reason to investigate the securitization
12
of their loan. And the Deed of Trust expressly provides that the Note can be securitizcd without
13
notice to the Larsons. See Maynes Deel., Ex. B (Deed of Trust) at 12 (120) (allowing the Note
14
or a "partial Interest in the Note" to be sold at any time without notice to the borrower).
15
j.
The Larsons' CPA Claim Is Time Barred as a Matter of Law
16
The Latsons' CPA claim is also time barred. The Larsons' claims appear to be premised
17
on a 2010 MERS assignment to the Trust and the 2006 origination of the loan (including on
18
someone "falsifying" or "forging" the 2006 Note). The Larsons did not assert these claims until
19
this suit was filed in October 2018. CPA violations can-y a four-year statute of limitations.
20
RCW 19.86.120. Fraud claims carry a three-year statute of limitations. RCW 4.16.080(4).
21
This loan was made in October 2006. Plaintiffs signed a Deed of Trust (Maynes Deel.,
22
Ex. B) on October 6, 2007, which identified the Note on page 2 of the Deed of Trust at (F)
23
"Note," Plaintiffs admit in their Complaint that they took a loan and that New Century was the
24
"loan originator'' and that Plaintiffs "timely made all their payments to New Century untH
25
August 2007 ... "
26
notices of default from Reconstrust (i!3 .69) in October 2007 and Countrywide (~3. 72) in
Compl. 'iif3.43, 3.68.
Moreover, Plaintiffs also aUege that they received
THlE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT Al~
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 22
STOEi, Rn,"f,s 1.V
A'/'T1.>'.!l-.E'l'S
76-() SW c'!i,ntl1 A,'Clltse., S~ile 300C, Pritiland, OR 97:W5
Tt-!'epl.i(.JYM! JO'J' 22.J.J.:JB(j
Hl15413St2.8 005216!-%494
1
Page 3313
February 2008. If Plaintiffs had a reason to doubt the authenticity of the Note or to dispute the
2
loan~ these reasons were kllo\Vn to Plaintiffs when they took out the loan and started making
3
payments.. They had further uotrce of the loan when they received notices of default in October
4
2007 and notice of sale in February 2008. Further, the 2010 MERS assignment was recorded in
5
2010. When an instrument involving real property is properly recorded, it becomes notice to the
6
world of its contents. Strong v. Clark; 56 Wn.2d 230~ 232, 352 P.2d I 83 (1960). The time to
7
bring fo1ih any forgery claims or CPA daims based on the original 2006 loan documents or the
8
2010 MERS assignment passed long ago. As such, to the extent that the Larsons' CPA claim
9
arises from facts occurring outside the limitations period, the claim is time barred.
IO
Because none of the alleged harm or damages in the Complaint are a result of unfair or
11
deceptive actions by the Defendants, and because this claim is untimely and unconnected to the
12
public interest, the Larsons' CPA claim should not survive summary judgment.
13
k.
14
1
The Larsons' Washington Collection Agency Act Claim Should Be
Dismissed.
15
The Larsons allege SPS and MERS violated the WCAA, Ch. 19.16 RCW, stating they
16
have "committed one or more practices prohibited by RCW 16.250[ 8 l including without
17
limitation (7), (8), (9), (15), (16), and (23)." Compl. ~4.5.4. First, this claim is untimely as to all
18
parties. The WCAA does not have an explicit statute of limitations, so the two-year default
19
statute applies. RCW 4.16.130; Lybecker v. United Pac. Ins. Co., 67 Wn.2d 11, 17, 406 P.2d
20
945 (1965). Although the Larsons do not specifically identify any activity that allegedly violates
21
the WCAA, it appears this claim is aimed at foreclosme proceedings. 9
22
23
24
25
26
8
RCW 16.250 does not exist, but from the Larsons' discovery responses, the intended
reference is believed to be RCW 19.16.250. See Courser Deel.. Ex.Cat 10, I. 20.
9
To the extent this WCAA claim "challenges or would impose reauirements regarding
how Defendants determine the loan's 'balance. oavments due. or term lo maturity of the loan.
including the circumstances under which a loan mav be called due and oavable upon the passage
of time or a specified event external to the loan' or 'loan-related fees. includiOJ.?: without
limitation. initial charges. late charges. preoavment penalties. servicing fees. and overlimit
fees,>" or is aimed at Defendants' reporting to national credit bureaus, the claim is preempted by
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 23
STOLL Rtvr.:s LU'
ATIO!lil-'~YS
7(,() SW Ni111i1 Avenue, Suiae 30001 Por1land, 00 97205
1'eiepf,one 5fU.2J,, 3300
!01543512.8 0052] 6!-{)6494
Page 3314
As to MERS, MERS assigned out in 20 l 0, and thus has not been a party to any alleged
2
"c-0I1ection" activity identified in the c-0mplaint and any possible daim would be clear]y barred
3
by the appEcabJe statute of limitations. As to SPS, there is absolutely no evidence that SPS has
4
purchased the Larsons' Note; on the. contrary, SPS is the servicer for the Trnst, the holder and
5
beneficiary of the Note and Deed of Trust. Maynes Deel. ~~8, 13, Ex. F.
6
Further as to both defendants, the Larsons' default in payment under the Note and Deed
7
of Trnst enables the. Trnst to foredose on its collateral. It is not a violation of the WCAA to
8
enforce a defaulted note and deed of trust by suing on the note or foreclosing judicially or non-
9
judicially. The WCAA is simply "not applicable" when the Defendant is "acting to enforce a
10
security interest and not to collect a 'debt'.'' Barbanti v. Quality Loan Serv. Corp., No. CV-06-
11
0065-EFS, 2007 WL 26775, at *2 (E.D. Wash. Jan. 3, 2007). Multiple courts have held the
12
WCAA is not applicable to foreclosure activity. See, e.g., Beck v. US. Bank Nat'! Ass'n, No.
13
Cl 7-0882JLR, 2017 WL 6389330, at *7 (W.D. Wash. Dec. 14, 2017). Accordingly, because the
14
statute does not apply and the claim is time barred, the Larsons' WCAA claim should be
15
dismissed.
16
2.
17
The Larsons' WCLA, Ch. 31.04 RCW, claim should be dismissed on several grounds.
18
First, this claim appears to relate only to the 2010 MERS assignment. See Compl. ,I,I4.6.2-4.6.3.
19
Therefore, even if the statute of limitations for this claim is four years, the claim is time barred.
20
See Nielson v. Household Fin. Corp. lfl, No. 35531-4-III, 2019 WL 1075758, at *2 (Wash. Ct.
21
App. Mar. 7, 2019) (unpublished).
The Larsons' Washington Consumer Loan Act Claim Should Be Dismissed.
10
22
23
24
25
26
federal law. Johnson v. JP Morgan Chase Bank NA., No. 14-5607 RJB, 2015 WL 4743918, at
*10 (W.D. Wash. Aug. 11, 2015) (citation omitted).
Hi Undersigned counsel notifies the Court that the case is unpublished and thus has no
precedentiaJ vaJue and is not binding upon this Court, but the case may be properly cited as
nonbinding authority and may be accorded such persuasi.ve. value as th.e Court deems
appropriate.
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 24
STOEL RIVES u.r
AVJ'Ol1:~'1:Y£
160· SW N'imcb Jil-e1me, s~i,~ JWJ,o, Po~ln11d, OR 97WS
,,.iq;lr,:,,,e S9J,2.~ ..JJdli
Wl 5435 !2.:R GOS2l61-0649'4
Page 3315
Further, the WCLA does not appFy to SPS, IvIERS, or the Trust because the statute
2
applies to the making of loans-"Each loan made to a resident of this state by a licensee: or ·
3
persons subject to this chapter, is subject to the• authority . . . of this chapter."
4
31.04.025(1). Defendants took no part in the making of the subject Joan, but rather have been
5
i.nvolved in servicing or are named in documents in the chain of title. RCW 31.04.025 is thus
6
inapplicable and results in no liability. Additionally, the Larsons cannot claim any damages
7
under the WCLA based on an assignment, given such documents do not change a borrower's
8
obligations under the Note or Deed of Trust and thus cannot cause a borrower harm as a matter
9
oflaw. See McPherson v. Home-..vard Residential, No. C12-5920 BHS, 2014 WL 442378, at *6
10
(W.D. Wash. Feb. 4, 2014) (explaining that "recording of an assignment of a deed of trnst does
11
not affect a borrower's rights. Nor did the recording of documents cause the [borrowersJ to
12
breach their loan agreement by not making payments. As a result, any claim premised on
13
publicly recorded [deed of trust assignment] documents must fail.").
RCW
14
Similarly, the WCLA does not apply to banks, such as Deutsche Bank, the acting trustee
15
for the Trust, nor docs it apply to agents working on behalf of banks. Entities that engage in
16
"business under, and as permitted by, any law of this state or of the United States relating to
17
banks, savings banks, trust companies, savings and loan or building and loan ~sociations, or
18
credit unions" are exempt from the state license requirements. See RCW 31.04.035; see also
19
RCW 3 l.04.025(2)(a) (noting the statute does not apply to "[a]ny person doing business under,
20
and as permitted by, any law of this state or of the United States relating to banks, savings banks,
21
trust companies, savings and loan or building and loan associations, or credit unions").
22
23
Finally, to the extent that the Larsons assert this claim based on servicing or creditreporting activities, the claim is preempted by federal law. See supra note 7.
24
25
26
THE TRUST1 SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT' AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 25
Swa~B, llffl!S llV
AmJi!/2,ls\'S
760 SW Ninlh A\lellue, Suite 30001 Ponl.1nd, OR 97205
1deplu,,w 5{)J.22e ..13fJO
101543512.8 0052161-06494
Page 3316
3.
The Larsons t Claim Tb.at the Dee.d of Trust Act Is Unconstitutional Should
Be Dismissed.
2
3
Tl1e Larsons airege that the DTA., Ch. 61.24 RCW, is unconstitutional for various
4
reasons, including "because it purports to give non-govemmenta1 actors the authority to
5
determine the result of contractual cases at law which involve the title and possession of real
6
property, when t11e exclusive jurisdiction over such matters· is bestowed by Article JV, § 6 of the
7
Washington Constitution with the superior courts." Compl. ,r4.7.6. These allegations are not
8
supported by any facts or applicable law. Indeed, the Larsons: default in payment under the
9
Note and Deed of Trust entitles the Trust to foreclose on its collateral. It is not a violation of the
1o
Constitution to enforce a defaulted note and deed of trust by suing on the note or foreclosing
11
judicially or non-judicially.
12
The DTA is not unconstitutional simply because a trustee administers the deed of trust
13
foreclosure process. TheDTA expressly provides that at all times parties, like the Larsons, have
14
full access to Washington's superior courts to bring an action to enjoin a sale, or to make claims
15
for monetary damages. RCW 61.24.130. Moreover, RCW 61.24.127 preserves the borrower's
16
monetary claims even if a foreclosure proceeds. Borrowers, like the Larsons, have full access to
17
the Washington state superior courts and the DTA leaves all judicial determinations in the hands
18
of the Washington courts. The DTA provides an ample opportunity to be heard. There are no
19
violations of the state constitution.
20
ln Jackson v. Quality Loan Service Corp., 186 Wn. App. 838, 846-48, 347 P.3d 487
21
(2015), the Com1 of Appeals addressed a variety of claims of unconstitutionality of the DTA by
22
a borrower, and ruled that "the DTA is constitutional." Id. at 841 . The Jackson court noted that
23
RCW 7.24.110 requires notification to the state attorney general when a constitutionality
24
challenge to state legislation was raised. Id. at 846. The court went on to rule that DTA was
25
constitutional under artide IV, section 6, and article [I, section I of the Washington State
26
THE TRUST, SPS, Ai'l'D MERS,S MOTION FOR SUMMARY JUDGMENT At'tD
MEMORAl'\'DUM OF POINTS A."ND AUTHORITIES IN SUPPORT - 26
STOEL RIVES u,
A'l1URlffiYS
760 SW Mi,,il, ·" w:11t1~, SuiIle 3000, "°'1iia,,,d, OR 97W5
Tei•pl~m• Jill. ti.dJ/i()
Hli54J5 !2Jl 0052 [61-0649'l
Page 3317
1
Constitution. Id. at 846-47. The Larsons' Complaint also raises constitutional challenges, but
2
these claims also fail because of the contractual basis for non-judicial foreclosure.
3
8
Moreover, a nonjudicial foreclosure is not made pursuant to
a judgment but rather is one conducted under a power contained in
a mortgage or a decree of foreclosure. As such, it is made through
an agreement between the grantor and the beneficiary of the deed
of trust.
The DTA does not divest the superior court of
jurisdiction. Indeed, the superior court's constitutional grant of
jurisdiction is preserved in specific portions of the DTA. Until a
party challenges the foreclosure, there is no judicial involvement.
It is at that point that the superior[] court's jurisdiction is invoked.
See Felton [v. Citizens Fed. Sav. & Loan Ass'n of Seattle}, 101
[Wn].2d [416,) 422-23, 679 P.2d 928 [(1984)].
9
Id. at 847-48 (footnotes omitted). Proceeding with a non-judicial foreclosure against a borrower
10
in default does not deny a borrower due process of law, deprive a bon-ower of access to the
11
courts, or grant any party special privileges. See id. The Larsons' claims of unconstitutionality
12
of the DTA should be dismissed as a matter of law.
4
5
6
7
13
Additionally, to the extent this claim relates only to non-judicial foreclosure activity on
14
the Note, it cannot apply to MERS as it is not a foreclosing party. MERS assigned out in 2010
15
and has had no further involvement with the Property. Maynes Deel., Ex. B.
16
17
4.
The Larsons' Unspecified "Equitable Causes of Action and Requests for
Relier' Should Be Dismissed.
18
. As the above discussion demonstrates, the Larsons' remaining request for equitable relief
19
is without merit. The Larsons claim that application of equity principles "results in Deutsche
20
Bank as Trustee or otherwise not being allowed to foreclose upon the Larsons' home under the
21
circumstances of this case." Compl. ,r4.8.9 But as a matter of law, the Trust is the rightful
22
beneficiary under the Larsons' Deed of Trust and has the right to initiate and conduct non-
23
judicial foreclosure proceedings. Plaintiffs' quiet title cause of action has been dismissed with
24
prejudice, foreclosure has already occurred and title has vested in the Trust. Maynes Deel., Ex.
25
N. Thus, Plaintiffs' desired equitable relief-the prevention of foreclosure-is no longer
26
available to Plaintiffs. The claim must be dismissed accordingly.
THE TRUST, SPS, AND MERS'S MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 27
STOEL RIVES LLP
ATTORNEYS
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.22•.3380
·
101543512.8 0052161-06494
Page 3318
l
Fmther, any post-foredosure claims brought by the Larsons are limited to "actual
2
damages" by statute, there is no right to equitable or injunctive relief. RCW 6l.24.127(2)(f).
3
And. as with all of the Larsons' otliier claims, this claim also appears to be Hme barred. See In re
4
Kelly & Moesslang, 170 Wn. App. 722, 735, 287 PJd 12 (2012) (explaining a three-year statute
5
of limitations often applies to equitable claims).
6
7
8
9
VI. CONCLUSION
For the foregoing reasons, the Trust, SPS, and MERS are entitled to an order granting
summary judgment in thei~ favor and dismissing all claims against them,. \Vith prejudice.
DATED: July 22, 2019.
10
11
D. Je reyoursei;WSBA No. 15466
KC Hovda, WSDA No. 51291
[email protected]
[email protected]
12
13
Of Attorneys for Defendants Deutsche Bank National
Trust Company; Deutsche Bank National Trust
Company as trustee for Morgan Stanley ABS Capital I
Inc. Trust 2007-HE2 Mortgage Pass Through
Certificates, Series 2007; Morgan Stanley ABS Capital I
Inc. Trust 2007-HE2; Select Portfolio Servicing, Inc.;
and Mortgage Electronic Recording System, Inc.
14
15
16
17
18
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
19
9~evt__
20
Delian P. Deltchev, WSBA No. 36908
Ann T. Marshall, WSBA No. 23533
701 Pike Street, Suite 1560
Seattle, WA 98101
Phone: 206-492-2300
Email: ddeltchev(a),afrct.com
Email: amarshall(@afrct.com
Co-Counsel for Defendant DEUTSCHE BANK
NATIONAL TR.UST COMPANY as trustee for Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass
Through Certificates, Series 2007
21
22
23
24
25
26
THE TRUST, SPS, AND l\fERStS MOTION FOR SUMMARY JUDGMENT AND
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT - 28
100 £43512.8 0052116L-D6494
Page 3319
CERTIFICATE OF SERVICE
I hereby certify that I served the foregoing THE TRUST, SPS, AND MERS'S
2
3
MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM OF POINTS AND
4
AUTHORITIES IN SUPPORT on the following named person(s) on the date indicated below
5
by
6
7
8
9
10
IE]
mailing with postage prepaid
•
•
•
•
hand delivery
facsimile transmission
ovemight delivery
email
11
12
to said person(s) a true copy thereof, contained in a sealed envelope ifby mail, addressed to said
13
person(s) at his or her last-known address, and email, at the email address indicated below.
17
Scott E. Stafne, WSBA No. 6964
Stafne Law
239 N. Olympic Avenue
Arlington, WA 98223
[email protected]
[email protected]
[email protected]
18
Attorney_for Plaintiffs
19
Delian P. Deltchev, WSB No. 36908
Ann T. Marshall, WSB No. 23533
Anglin Flewelling Rasmussen Campbell &
Trytten LLP
701 Pike Street, Suite 1560
Seattle, WA 98101
[email protected]
[email protected]
14
15
16
20
21
22
23
24
25
26
Robert McDonald, WSBA No. 43842
Quality Loan Service Corporation of
Washington
108 1st A venue South, Suite 202
Seattle, WA 98104
[email protected]
Attorney for Defendant Quality Loan Service
Corporation of Washington
Co-Counsel for Defendant Deutsche Bank
National Trust Company, as trustee for
Morgan Stanley ABS Capital I Inc. Trust 2007HE2 Mortgage Pass Through Certificates,
Series 2007
Sara J. DiVittorio
Snohomish County Prosecutors - Civil Division
3000 Rockefeller A venue, MS 504
Everett, WA 98201
[email protected]. wa. us
Attorney for Defendants Snohomish County
Judges Appel, Bowden, Dingledy Ellis, Fair,
Farris, Judge, Krese, Kurtz, Langbehn, Larsen,
Lucas, Okrent, Weiss, and Wilson
CERTIFICATE OF SERVICE- 1
STOEL RIVES LLP
ATTORNEYS
760 SW Ninth ATe)~;%;,~~•%1_~~~fJ£j•nd, OR 97205
fo 1543512.s 005216 I-06494
Page 3320
2
Lyndsey M. Downs
Geoffrey A. Enns
Snohomish County Prosecutors - Civil
Division
3
4
5
6
7
8
3000 Rockefeller A venue, MS 504
Everett, WA 98201
[email protected]
[email protected]
[email protected] ish. wa. us
Attorneys for Defendants Snohomish County,
Snohomish County Auditor Carolyn Weikel,
Snohomish County Clerk Sonya Kraski, and
Snohomish County Examiner of Titles & Legal
Advisors to the Registrar .lane Doe
9
R. July Simpson, WSBA #45869
Rene- D. Tomisser, WSBA #17509
Assistant Attomey Generals
Office ofthe Attorney General. of Washington
Comp]ex Litigation Division
7141 Cleanwater Drive SW
P.O. Box 40111
Olympia, WA 98504-0111
RJulvS@ATG. WA.GOV
[email protected]
[email protected]
[email protected]
Attorneys for Defendants State of Washington,
Governor .lay Ins lee, and Attorney General
Robert Ferguson
10
11
DATED: July 22, 2019.
12
Y1Z r.iiJ w &@ c&J
Micfiele Brandon, Practice Assistant
13
14
15
16
17
18
19
20
21
22
23
24
r
25
26
CERTIFICATE OF SERVICE- 2
810£1.. Rn..:s LLlP
Ann:Jll:Mc¥S
760 SW Ninth Awnue, Slllite 3-0001 P,,r1hmd, OR 97205
Jdep!wne 50J.22-•.3:i80
I 01543512.8 0052161--06494
Page 3321
f 19-'2-01383-31
RCDCHV
1
- ,Record on Change of Venue
~f95013J
I
~
;·111~1m111111m1m11111111111
~
MELISSA BEATON
205 W KINCAID, ROOM 103
MOUNT VERNON, WA 98273
SKAGIT COUNTY CLERK
~ OFFICE OF THE ~
KRIS DESMARAIS
--
-...._
PHONE (360) 416-1800
SKAGIT COUNTY CLERK
CHIEF DEPUTY CLERK
DATE: February 12, 2019
SNOHOMISH COUNTY CLERKS OFFICE
3000 ROCKEFELLER AVE
19 2 0138 3
EVERETT, WA 98201
RE:
.~
c.:tc1 <f",
18-2-01234-29
CHRISTOPHER E LARSON et al vs JANE DOE et al
ORDER CHANGING VENUE TO SNOHOMISH COUNTY
,.:i::~iCl
"')r···-:z::
lll!ilP.-~1tA
.:i:.Z-<
:r;:;: :.....,'
Dear Clerk:
0
(.,J
An Order Granting Change of Venue to SNOHOMISH COUNTY was signed on January 24, 2019.
Enclosed please find a certified copy of the record on Change of Venue and the attorney's
check#604152876 in the amount of $240 for your filing fee.
Please conform and stamp the new cause number on the enclosed copy of this letter and return
it in the self-addressed stamped envelope provided, thank you.
Respectfully,
MELI
Enclosures:
Record on Change of Venue
Ck#
Page 3322
f'lll~L11'1
i
19 2 01383 31
MELISSA BEATON
SKAGIT COUNTY CLERK
~ OFFICE OF THE ~
KRIS DESMARAIS
205 W KINCAID, ROOM 103
MOUNT VERNON, WA 98273
PHONE (360) 416-1800
SKAGIT COUNTY CLERK
CHIEF DEPUTY CLERK
CC: TO FILE
TO ATTORNEY
18 -2-01234-29
"'"'fl
~-·I ·
rr,
....fflt,.
0
CERTIFICATION:
I, MELISSA BEATON, COUNTY CLERK AND EX-OFFICIO CLERK OF THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR SKAGIT COUNTY, DO CERTIFY THAT THE FOREGOING ARE
AND CONSTITUTE THE ORIGINAL RECORD IN THE ABOVE NUMBERED CASE AS THE SAME WERE
ORIGINALLY FILED AND NOW APPEAR OF RECORD IN SAID CASE IN MY OFFICE.
I FURTHER CERTIFY THAT THE ORDER TRANSFERRING VENUE IS A FULL, TRUE AND CORRECT
COPY OF THE ORIGINAL THEREOF AS IT APPEARS ON FILE AND OF RECORD IN MY OFFICE.
Page 3323
SKAGIT
CASE SUMMARY
CASE No. 18-2-01234-29
§
§
§
§
CHRISTOPHER E LARSON et al
VS
JANE DOE et al
19 2 0138 3 31
Location: Skagit
Filed on: 10/18/2018
JIS/SCOMIS Case Number: 18-2-01234-4
§
CASE INFORMATION
DATE
Case Type:
MSC2 Miscellaneous - Civil
Case Flags:
Affidavit of Prejudice
CASE ASSIGNMENT
Current Case Assignment
Case Number
Court
Date Assigned
18-2-01234-29
Skagit
10/18/2018
PARTY .INFORMATION
Plaintiff
Lead Attorneys
Stafne, Scott Erik
Retained
360-403-8700(W)
LARSON, ANGELA
et al
Defendant
APPEL, GEORGE F
DI VITTORIO, SARA J
Retained
425-388-6343(W)
et al
DATE
EVENTS
& ORDERS OF THE COVRf
INDEX
I 0/18/2018
fil Complaint
Index# I
10/24/2018
fil Notice of Appearance
Index# 2
Party: Attorney McDonald, Robert William; Defendant QUALITY LOAN SERVICE
CORP OF WA
10/24/2018
fil Affidavit Declaration Certificate Confirmation of Service
Index# 3
11/05/2018
fil Notice of Appearance
Index# 4
Party: Assistant Attorney General YOUNG, ALICIA O; Assistant Attorney General
SIMPSON, R JULY; Defendant WASHINGTON, STATE OF; Defendant INSLEE, WA/ST
GOVERNOR, JAY; Defendant FERGUSON, WA/ST ATTY GENERAL, ROBERT
11/14/2018
fil Notice of Appearance
Index# 5
Party: Attorney Courser, Donald Jeffrey; Defendant DEUTSCHE BANK NATIONAL
TRUST CO
11/15/2018
fil Notice of Appearance
Index# 6
Party: Deputy Prosecuting Attorney DI VITTORIO, SARA J; Deputy Prosecuting Attorney
DOWNS, LYNDSEY MARIE; Deputy Prosecuting Attorney ENNS, GEOFFREY ALAN
PAGE I OF4
Page 3324
Printed on 02/1212019 at 3: 58 PM
SKAGIT
CASE SUMMARY
CASE No. 18-2-01234-29
11/30/2018
fil Motion to Dismiss
Index# 7
Party: Assistant Attorney General SIMPSON, R JULY
11/30/2018
Index# 8
(;i) Note for Motion Docket
SIMPSON: MT TO DISMISS
12/03/2018
fil Motion to Dismiss
Index# 9
& CHANGE OF VENUE
Party: Defendant SNOHOMISH, COUNTY OF
12/03/2018
index# IO
QJ Note for Motion Docket
ENNS: DISMSS & CHG VENUE
12/06/2018
.SJ Motion to Dismiss
Index# I I
FOR JUDICIAL NOTICE & MTN TO DISMISS NOTICE OF JOINDER
Party: Defendant QUALITY LOAN SERVICE CORP OF WA
12/06/2018
fil Note for Motion Docket
index# 12
MCDONALD: TRST'S JOJNDER OF MTN & MTN FOR DISMISSAL
12/06/2018
.SJ Affidavit Declaration Certificate Confirmation of Service
Index# /3
12/14/2018
Ii) Motion
Index# /4
EMERGENCY MTN FOR EXTENSION OF TIME
Party: Attorney Stafne, Scott Erik; Plaintiff LARSON, CHRISTOPHER E; Plaintiff
LARSON, ANGELA
12/14/2018
n'.:LI Response
Index# 15
TO STATE/WA MTN TO DISMISS & QUALITYS JOIN DER & SNOH CO MTN TO DISMISS
Party: Attorney Stafne, Scott Erik; Plaintiff LARSON, CHRISTOPHER E; Plaintiff
LARSON, ANGELA
12/14/2018
n Response
'i::U
Index# 16
LARSONS RESPONSE TO SNOH CO DFTS MTN TO TRANSFER VENUE
Party: Attorney Stafne, Scott Erik; Plaintiff LARSON, CHRISTOPHER E; Plaintiff
LARSON, ANGELA
12/14/2018
'd.J Declaration Affidavit
OFA LARSON
n
Index# 17
I 2/14/2018
(r:::>i
Index# 18
·d..J Declaration Affidavit
OF CHRIS LARSON
12/14/2018
n Declaration Affidavit
'di;J
OF MJCHAH ANDERSON
Index# 19
12/14/2018
tc"'
1
,:LI Declaration Affidavit
Index# 20
IN SUP PT OF OPPOS TO MTNS TO DJSM & TRANSFER VENUE & IN SUP PT OF MTN
FOR CONTINUANCE
Party: Attorney Stafne, Scott Erik
12/17/2018
~
Index# 21
Notice of Association of Counsel
PAGE 2 OF 4
Page 3325
Printed on 02/12120 I 9 at 3: 58 PM
SKAGIT
CASE SUMMARY
CASE No. 18-2-01234-29
12/17/2018
Index# 22
gJ Motion
FOR JOINDER OF TRUST,SPS, & MERS IN MTN TO DISMISS
Party: Attorney Courser, Donald Jeffrey
12/18/2018
fil Affidavit of Prejudice
Index# 23
Party: Attorney Stafne, Scott Erik
12/18/2018
ill Declaration Affidavit
Index# 24
Party: Plaintiff LARSON, ANGELA
12/18/2018
ill Affidavit Declaration Certificate Confirmation of Service
Index# 25
12/18/2018
ill Reply
Index# 26
SNO CO. DEFTS MTN TO DISMISS & TRANSFER VENUE
12/18/2018
Index# 27
•1.i:J Declaration Affidavit
IN SUPP'T OF OF QUALITY'S MTN FOR JUDICIAL NOTICE
Party: Attorney McDonald, Robert William; Defendant QUALITY LOAN SERVICE
CORP OF WA
12/18/2018
Index# 28
gJ Reply
NOTICE OF JOINDER & SUPPLEMENTAL ER 20/ REQUEST
Party: Defendant QUALITY LOAN SERVICE CORP OF WA
12/18/2018
fil Reply
Index# 29
IN SUPP'T OF MTN TO DISMISS
Party: Defendant QUALITY LOAN SERVICE CORP OF WA
12/18/2018
ill Response
Index# 30
TO PLAINTIFF MTN FOR EXTENTION
Party: Defendant QUALITY LOAN SERVICE CORP OF WA
12/20/2018
CANCELED Summary Judgment (9:30 AM) (Judicial Officer: Svaren, David A)
SIMPSON: MT TO DISM CR I 2(B)(6)
Duplicate Hearing
12/20/2018
CANCELED Summary Judgment (9:30 AM) (Judicial Officer: Svaren, David A)
ENNS: DISMISS & CHANGE VENUE
Duplicate Hearing
12/20/2018
Summary Judgment (9:30 AM) (Judicial Officer: Svaren, David A)
MCDONAD: TRST'S JOINDER OF MTN & MTN FOR DISMISSAL
ENNS: DISMISS & CHANGE VENUE
SIMPSON: MT TO DISM CR I 2(8)(6)
Resource: Court Admin Default, Default
Events: 11/30/2018 Note for Motion Docket
12/03/2018 Note for Motion Docket
12/06/2018 Note for Motion Docket
12/20/2018
{i) Motion Hearing (Judicial Officer: Svaren, David A)
Index# 31
3/9:30 (not recorded) - II: 14 (not recorded), II :20 - II: 55
12/20/2018
Ii:] Order of Dismissal Without Prejudice (Judicial Officer: Svaren, David A)
Index# 32
ONLY REGARDING SNO CO. & STATE DEFT'S
PAGE3OF4
Page 3326
Printed on 02/1212019 at 3:58 PM
SKAGIT
CASE SUMMARY
CASE No. 18-2-01234-29
01/04/2019
fil Notice of Association of Counsel
index# 33
Party: Attorney Courser, Donald Jeffrey; Attorney Marshall, Ann T.; Attorney
DELTCHEV, DELIAN PETROV; Defendant DEUTSCHE BANK NATIONAL TRUST CO
01/24/2019
fil Order for Change of Venue (Judicial Officer: Needy, David R)
Index# 34
& PAT/AL ORDER OF DISMISSAL
(FEES NOT PAID)
01/29/2019
index# 35
lij Letter
RE CHANGE OF VENUE FEE
FINANCIAL INFORMATION
DATE
Plaintiff LARSON, CHRISTOPHER E
Total Charges
Total Payments and Credits
Balance Due as of 2/12/2019
270.00
270.00
0.00
PAGE40F4
Page 3327
Printed on 02/12/2019 at 3:58 PM
1/30/2019
SKAGIT COUNTY WASH
FILED'
JAN 29 2019
'-.
MELISSA BEATON, CO. CLERK
Deputy
MELISSA BEATON
SKAGIT COUNTY CLERK
~ OFFICE OF THE ~
SKAGIT COUNTY CLERK
KRIS DESMARAIS
CHIEF DEPUTY CLERK
205 W KINCAID, ROOM 103
MOUNT VERNON, WA 98273
PHONE (360) 416-1800
01/29/2019
ROBERT MCDONALD
ATTORNEY AT LAW
108 1sr AVES., STE 202
SEATTLE, WA 98104-2538
JEFF COURSER
ATTORNEY AT LAW
600 UNIVERSITY STREET, SUITE 3600
SEATTLE, WA 98101
SCOTT STAFNE
ATTORNEY AT LAW
239 N. OLYMPIC AVE.
ARLINGTON, WA 98223
SARA DI VITTORIO
ATTORNEY AT LAW
3000 ROCKEFELLER AVE #MS504
EVERETT, WA 98201-4046
Re:
CHRISTOPHER LARSON & ANGELA LARSON VS
SNOHOMISH COUNTY, ET
AL.,
CASE# 18-2-01234-29
Counsel,
Please be advised that an order on Partial Order of Dismissal and Order on Change of
Venue was signed on 01/24/2019 by Judge Dave Needy in the above referenced case.
Actual transfer of the file on Change of Venue cannot proceed until we receive from your office:
1. A check made out to Skagit County Superior Court for $20.00, Change of Venue
Fee;
2. A check made out to Snohomish County Superior Court for $240.00 for their filing
fee.
Upon receipt of the above fees, the Change of Venue will be prepared promptly and transmitted
to Snohomish County. Thank you for your consideration.
Sincerely,
JESSICA CARTER
Deputy Clerk
Skagit County Superior Court
DUPLICATE ORIGINAL
Page 3328
1/29/2019
FILED
1
SKAGIT COUNTY CLERK
2
2019 JAN 2l; PH 1: SJ;
SKAGIT COUNTY. WA
3
4
5
6
IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN AND FOR SKAGIT COUNTY
7
8 CHRISTOPHER LARSON and ANGELA
LARSON,
Case No.: 18-2-01234-29
9
Plaintiffs,
10
V.
11
SNOHOMISH COUNTY, et al.,
12
PARTIAL ORDER OF DISMISSAL
AND ORDER ON CHANGE 0~
VENUE
Defendants.
13
\J
14
15
16
THIS MATTER having come before the Court December 20, 2018 on
17
SNOHOMISH COUNTY'S and QUALITY LOAN SERVICE CORP. OF
18
WASHINGTON'S motions for dismissal pursuant to CR 12 (b)(6) along with
19
QUALITY
20
SNOHOMISH COUNTY'S motion for change of venue, with Deutsche Bank
21
National Trust Company; Deutsche Bank National Trust Company as trustee for
22
23
24
25
26
27
LOAN
SERVICE
CORP.
OF
WASHINGTON'S
joinder
of
Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass Through
Certificates, S_eries 2007; and Morgan Stanley ABS Capital I Inc. Trust 2007-HE2
(collectively, the "Trust"), Select Portfolio Servicing, Inc. ("SPS"); and Mortgage
Electronic Registration Systems, Inc. ("MERS") joinder of both the SNOHOMISH
COUNTY'S and QUALITY LOAN SERVICE CORP. OF WASHINGTON'S
motions.
28
ORDER ON CR 12(b)(6) HEARING 12.2
Page -1CV#WA-18-842379-CV I
TS# WA-18-813156-BB
;Qp~\G~~~~
Page 3329
LOAN SERVICE CORP. OF WASHINGTON
108 1st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596.4862
1
2
3
4
5
The Court having considered the following:
1.
Arguments from the Counsels of both Plaintiffs and Defendants
2.
Plaintiffs' Complaint in its entirety
3.
SNOHOMISH COUNTY'S motion for dismissal and change of venue
4.
QUALITY LOAN SERVICE CORP. OF WASHINGTON'S joinder
6
7
and motion for dismissal
5.
The Trust's, SPS's and MERS's joinders of both the SNOHOMISH
8
COUNTY'S
9
WASHINGTON'S motions for dismissal.
and
QUALITY
LOAN
SERVICE
CORP.
10
6.
Plaintiffs' Response to the above Motions
11
7.
Plaintiffs' oral motion to disqualify Judge Svaren
12
8.
Plaintiffs' motion for Emergency Continuance
13
9.
The declarations of Angela Larson, Christopher Larson, Micah
14
Anderson, and Scott Stafue in support of Plaintiffs Responses and
15
Emergency Motion;
16
10.
The court record and other pleading previously filed in this matter
17
11.
The public record associated with the subject property
18
19
20
21
22
23
24
25
OF
12.
13.
The Court being fully advised, it is hereby ORDERED, ADJUDGED and
DECREED:
• Plaintif(s' oral request that Judge Svaren disqualify himself is denied.
• Plaintiffs' motion for Emergency Continuance is denied.
• Plaintiffs' cause of action as outlined in 4.3 of the Plaintiffs' Complaint
seeking Quiet Title under RCW 7.28 as to the subject property 11914 167TH
26
DRIVE NE ARLINGTON, WA 98233 was waived when Plaintiffs failed to
27
enjoin the Trustee's Sale held pursuant to RCW 61.24.127(2) and is therefore
28
DISMISSED WITH PREJUDICE as to all
ORDER ON CR 12(b)(6) HEARING 12.21.2018
Page -2;
CV #WA-18-842379-CV I
TS# WA-18-813156~8B
Nrt(s.
Dq~t~t
Page 3330
L!N SERVICE CORP. OF WASHINGTON
108 1st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596.4862
1
• Plaintiffs' cause of action as outlined in 4.4 of the Plaintiffs' Complaint for
2
damages and injunctive relief under the Washington Consumer Protection Act
3
RCW 19.86 Claim STANDS as to all parties.
4
• Plaintiffs' cause of action as outlined in 4.5 of the Plaintiffs' Complaint for
5
damages and injunctive relief under the Washington Collection Agency Act
6
RCW 19.16 is DISMISSED WITH PREJUDICE as to Quality and STANDS
7
as to New Century Mortgage, John Does purported Successors in Interest
8
and/or Assigns, the Trust, MERS and Select Portfolio Servicing.
9
• Plaintiffs' cause of action as outlined in 4.6 of the Plaintiffs' Complaint for
10
damages and injunctive relief under the Washington Loan Act RCW 31.04 is
11
DISMISSED WITH PREJUDICE as to Quality and STANDS as to New
12
Century Mortgage, John Does purported Successors in Interest and/or Assigns,
13
the Trust, MERS and Select Portfolio Servicing.
14
• Plaintiffs' cause of action as outlined in 4. 7 of the Plaintiffs' Complaint for a
15
declaratory judgment the Deed of Trust Act is Unconstitutional, STANDS as
16
to all parties.
17
• Plaintiffs' cause of action as outlined in 4.8 of the Plaintiffs' Complaint for
18
Equitable Causes of Action and Request for Relief STANDS as to all parties.
19
• The Court finds under RCW 4.12.020(1) that because a penalty is being
20
sought· it is MANDANTORY that VENUE in this matter is to be
21
SNOHOMISH COUNTY. Therefore this Court hereby transfers this matter to
22
SNOHOMISH COUNTY SUPERIOR COURT for further adjudication.
23
DATED this~ day of January, 2019.
24
25
HON. JUDGE DA~ A. SVAREN
26
27
28
·
'i"lQ~\G\NAL
ORDER ON CR 12(b)(6) HEARING 12.21.2018 ~
Page -3CV #WA-18-842379-CV I
TS# WA-18-813156-BB
QUALITY LOAN SERVICE CORP. OF WASHINGTON
I 08 I st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596.4862
Page 3331
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YI~ ~
11~~~~.::!...!,_!_...:.....JII!!!~~·
I ll1 CONS.e:tvr
1?-Mll- \. \Gi .19
1
Counsel for CHRISTOPHER LARSON and ANGELA LARSON
Stafue Law - Advocacy and Consulting
9 239 N. Olympic Ave.
lo Arlington, WA 98223
[email protected]
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~~Cru~·~«'i
w\)1-i (,~-t;Jt\), A- ~''-- \.
Jeff Courser WSBA #15466
KC Harding WSBA #51291
Counsel for The Trust, SPS and MERS
Stoel Rives LLP
600 University Street, Suite 3600
Seattle, WA 98101
[email protected]
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·
'(\ QR\G\NA\.
ORDER ON CR 12(b)(6) HEARING 12.21.2018~
Page -4CV #WA-18-842379-CV I
TS# WA-18-813156-BB
QUALITY LOAN SERVICE CORP. OF WASHINGTON
108 1st Ave S. Suite 202
Seattle WA 98104
PH: (206) 596.4862
Page 3332
Robert McDonald
Courser, D. Jeffrey <[email protected]>
Monday, January 21, 2019 10:56 AM
Robert McDonald; Scott Stafne; Clark, Cherie; IDSFC
Ann Marshall ([email protected]); Delian Deltchev ([email protected]); Harding,
KC L.; IDSFC; Scott E. Stafne ([email protected])
RE: LARSON I WA-18-813156-BB Re Larson v. Snohomish [S-R.0052161.06494]
From:
Sent:
To:
Cc:
Subject:
Robert:
You are authorized to sign clean version on our behalf and present for entry.
D. Jeffrey Courser I Partner
STOEL RIVES LLP I 760 SW Ninth Avenue, Suite 3000 I Portland, Oregon 97205
(503) 294-9828 I Fax: (503) 220-2480
[email protected] I www.stoel.com
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of
the intended recipient. Any unauthorized review, use, or distribution is prohibited and may be unlawful.
From: Robert McDonald [mailto:[email protected]]
Sent: Monday, January 21, 2019 10:38 AM
To: Scott Stafne; Clark, Cherie; IDSFC
Cc: Ann Marshall ([email protected]); Delian Deltchev ([email protected]); Harding, KC L; IDSFC; Courser, D.
Jeffrey; Scott E. Stafne ([email protected])
Subject: RE: LARSON I WA-18-813156-BB RE: Re Larson v. Snohomish [S-R.0052161.06494]
Jeff
Can you confirm the clean version may be sent for filing? If so can you please print, sign and
scan back or provide authorization that I may sign for you? I am trying to have this sent out
today for ex parte presentation. Thank you.
Robert W. McDonald
I
General Counsel
"Excellence Starts Herell
108 1st Avenue South, Suite 202
Seattle, WA 98104
d. 206.596.4862 If. 206.274.4902
[email protected]
I C.
206.673.6523
Your feedback is warmly welcomed and greatly appreciated/ Please feel free to send us your suggestions,
comments, and/or concerns to [email protected].
1
Page 3333
Robert McDonald
Subject:
Scott Stafne <[email protected]>
Saturday, January 19, 2019 8:34 PM
Clark, Cherie; Robert McDonald
Re: Re Larson v. Snohomish [S-R.0052161.06494)
Follow Up Flag:
Flag Status:
Flag for follow up
Completed
From:
Sent:
To:
Thanks. This works. Rockie has mt authorization to sign.
On Fri, Jan 18, 2019 at 9:44 AM Clark, Cherie <[email protected]> wrote:
Scott:
I am re-sending the earlier transmission of the current version of the dismissal order. Please let me know if
you have any additional problems opening.
D. Jeffrey Courser I Partner
STOEL RIVES LLP I 760 SW Ninth Avenue, Suite 3000 I Portland, Oregon 97205
(503) 294-98281 Fax: (503) 220-2480
!
[email protected] I www.stoel.com
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of
the intended recipient. Any unauthorized review, use, or distribution is prohibited and may be unlawful.
Scott Stafne, Attorney
Page 3334
1/8/2019
II
FILED
SKAGIT COUNTY CLERK
SKAGIT COUNTY. WA
2019JAN-4 PHl2: 3_f!
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR.THE COUNTY OF SKAGIT
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!J
CHRISTOPHER E. LARSON, a married man
as his separate estate; and ANGELA LARSON,
a married woman,
Plaintiffs,
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V.
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NO. 18-2-01234-29
NOTICE OF ASSOCIATION OF
COUNSEL FOR DEFENDANT
DEUTSCHE BANK NATIONAL
TRUST COMPANY as trustee for
Morgan Stanley ABS Capital I Inc. Trust
2007-HE2 Mortgage Pass Through
Certificates, Series 2007
SNOHOMISH COUNTY, a Washington State
Municipal Corporation; CAROLYN WEIKEL
individually and as the SNOHOMISH
COUNTY AUDITOR and Registrar; SONYA
KRASKI, individually and as the
SNOHOMISH COUNTY CLERK; JANE DOE [Clerk's Action Required]
individually and as SNOHOMISH COUNTY
EXAMINER OF TITLES and LEGAL
ADVISOR TO THE REGISTRAR;
SNOHOMISH COUNTY SUPERIOR COURT
WDGES GEORGE F. APPEL, GEORGE N.
BOWDEN, MARYBETH DINGLEDY,
JANICE E. ELLIS, ELLEN J. FAIR, ANITY L.
FARRIS, MILLIE M. JUDGE, LINDA C.
KRESE, DAVID A. KURTZ, JENNIFER R.
LANGBEHN, CINDY A. LARSEN, ERIC Z.
LUCAS, RICHARD T. OKRENT, BRUCE I.
WEISS, and JOSEPH P. WILSON; THE
STATE OF WASHINGTON; WASHINGTON
STATE GOVERNOR JAY INSLEE in his
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100047/001374/02215048-1
25
NOTICE OF ASSOCATION OF
COUNSEL -1
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
701 PIKE STREET, SUITE 1560
SEATTLE, WA98101
PHONE: 206/492-2300
Page 3335
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official capacity; WASHINGTON STATE
ATTORNEY GENERAL ROBERT
FERGUSON in his official capacity as
WASHINGTON ATTORNEY GENERAL;
JOHN DOES Successors in interest and assigns
to NEW CENTURY MORTGAGE
COMPANY and MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC.; DEUTSCHE BANK NATIONAL
TRUST COMPANY; DEUTSCHE BANK
NATIONAL TRUST COMPANY as trustee
for Morgan Stanley ABS Capital I Inc. Trust
2007-HE2 Mortgage Pass Through Certificates,
Series 2007; MORGAN STANLEY ABS
CAPITALJ INC. TRUST 2007-HE2;
QUALITY LOAN SERVICE
CORPORATION OF WASHINGTON, a
Washington Corporation; SELECT
PORTFOLIO SERVICING, INC., a Utah
corporation; and MORTGAGE ELECTRONIC
RECORDING SYSTEM, INC., a Delaware
corporation.
Defendants.
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TO:
THE CLERK OF THE COURT; and
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TO:
ALL PARTIES OF RECORD
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PLEASE TAKE NOTICE that Delian P. Deltchev and Ann T. Marshall and Anglin
Flewelling Rasmussen Campbell & Trytten LLP, hereby associate as counsel with D.
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Jeffrey Courser and Stoel Rives, LLP, on behalf of Defendant DEUTSCHE BANK
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NATIONAL TRUST COMPANY as trustee for Morgan Stanley ABS Capital I Inc. Trust
2007-HE2·Mortgage Pass Through Certificates, Series 2007 in the above action.
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100047/001374/02215048-I
25
NOTICE OF ASSOCATION OF
COUNSEL - 2
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYITENLLP
701 PIKE STREET, SUITE 1560
SEATTLE, WA 98101
PHONE: 206/492-2300
Page 3336
.. .,,. ..
.,
~
'
PL.BAS'$' ALSO TAKE NOTICE, ~t ,u,l; •furdler papers and pleadin~. girected t.o
2 Defendant, exup.t original. p~cess, should be $erved upon· Delian P. Deltchev· and Ann T.
3 Marshall In add#lqn. to D. Jeffrey Courser;~ at the addresses shown below.
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·
. ~:rh
5
I ~8.
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
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1M ~. 1kA
Isl
,c::=-:
DeliAA.'.P, ,Deltchev, WSBA No. 36908
Ann T,:'Marshi~U. WSBA No. 23533
701 Pike Street, Suite· lS,60
Seattle.WA 98Htt
Phone: 206492-2300
Email: ddelfohev@afrctcom
Email: [email protected]
Co-Cou~el for Defendant DEUTSCHE BANK
NATIONA.L TR.UST COMPANY as trustee for
Morgan Stanley ABS Capital I Inc. Trust 2007-HE2
Mortga~e Pass Through Certificates, Series 2007.
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8,
9
lO
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0~LlAry11 z.o lt1.
DATED thls.J_-, day ofllei'
. . ·~t~.-.
"....,...4-M...
' -, .•
DA:TED :this ...J_dl day ofl)eeetit-bet; 261&. . .
'.1 ;
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dJ
S·TO.BLRIVES·~··.·
. ·.• p / ) . · .
Isl
D. JeffreyCourser, WSBA No. 1S466
760 SW </' Ave, Suite 3000
Portland,, OR 9720S
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~
'Phone: {503)'.294-9828
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Email: jeffiev;[email protected]
Co-Couniit1J0.tDe.fendant Deut$ciie Bank
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100047.(JO1374/0221504&-i
NOTICE OF ASSOCATJON OF
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COUNSEL • 3
ANOLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYITEN.LLP
101 p,JJ(E STRE61', surre i~
w~·n,~n
sBATTI.B;
PHOHB: 206/4'92·2300
Page 3337
DECLARATION OF SERVICE
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I hereby declare under penalty of perjury of the laws of the State of Washington and
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3
rd
the United States of America that on this 3 day of January, 2019, I caused to be delivered a
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Copy
5
manner indicated:
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of the foregoing Notice of Association of Counsel for Defendant to the following in the
Scott E. Stafne, WSBA No. 6964
STAFNELAW
239 N. Olympic Ave
Arlington, WA 98223
Attorney for Plaintiffs
[X] By United States Mail
[ ] By Legal Messenger
[X] By Email:
[email protected]
[ ] By CM/ECF E-Service
Robert W. McDonald, WSBA No. 43842
QUALITY LOAN SERVICE
CORPORATION OF WASHINGTON
108 1st Ave South, Suite 202
S~attle, WA 98104
Attorneys for Defendant Quality Loan
Service Corporation ofWashinJ!ton
R. July Simpson, WSBA No. 45869
Alicia 0, Young, WSBA No. 35553
Assistant Attorneys General
OFFICE OF ATTORNEY GENERAL OF
WASHINGTON
7141 Cleanwater Drive SW
P.O. Box 40111
Olympia; WA 98504-0111
Attorneys for Defendants State of
Washington, Governor Jay Inslee, and
Attorney General Robert Ferguson
[X] By United States Mail
[ ] By Legal Messenger
[X] By Email:
rmcdonald@gualiu:loan.com
[ ] By CM/ECF E-Service
[X] By United States Mail
[ ] By Legal Messenger
[ ] By Email:
[ ] By CM/ECF E-Service
Lyndsey M. Downs, WSBA No. 37453
[X] By United States Mail
Geoffrey A. Enns, WSBA No. 40682
[ ] By Legal Messenger
Deputies Prosecuting Attorney
[X] By Email:
SNOHOMISH COUNTY PROSECUTING L;[email protected]
ATTORNEY
[email protected]
Robert Drewel Bldg./Admin. East
r l Bv CM/ECF E-Service
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100047/001374/P2215048-1
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NOTICE OF,ASSOCATION OF
COUNSEL ~4
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
701 PIKE STREET, SUITE 1560
SEATTLE, WA 98101
PHONE: 206/492-2300
Page 3338
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3000 Rockefeller Ave, MIS 504
Everett, WA 98201
Attorneys for Defendants Snohomish
County; Snohomish County Auditor
Carolyn Weikel; Snohomish County Clerk
Sonya Kraski; and Snohomish County
Examiner of Titles & Legal Advisors to the
Rej!;istrar Jane Doe
Sara J. DiVittorio, WSBA No. 33003
[X] By United States Mail
Deputy Prosecuting Attorney
[ ] By Legal Messenger
SNOHOMISH COUNTY PROSECUTING [X] By Email:
ATTORNEY
sara.di. [email protected]
Robert Drewel Bldg./Admin. East
[ ] By CM/ECF E-Service
3000 Rockefeller Ave, MIS 504
Everett, WA 98201
Attorney for Defendant Snohomish County
Judges Appel, Bowden, Dingledy, Ellis,
Fair, Farris, Judge, Krese, Kurtz,
Langbehn, Larsen, Lucas, Okrent, Weiss,
and Wilson
D. Jeffrey Courser, WSBA No. 15466
[X] By United States Mail
STOEL RIVES LLP
[ ] By Legal Messenger
760 SW Ninth Ave, Suite 3000
[X] By Email:
Portland, OR 97205
[email protected]
Attorneys for Defendants Deutsche Bank
[ ] By CM/ECF E-Service
National Trust Company; Morgan Stanley
ABS Capital I Inc. Trust 2007-HE2; Select
Portfolio Servicing, Inc.; and Mortgage
Electronic Recording System, Inc.; and
Co-Counsel for Defendant Deutsche Bank
National Trust Company as trustee for
Morgan Stanley ABS Capital I Inc. Trust
2007-HE2 Mortgage Pass Through
Certificates, Series 2007
Signed
this
3"' day
of
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January,
201;1..:;:7gton.
Karrie Blevins, Legal Assistant
AFRCT, LLP
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100047/001374/02215048-I
25
NOTICE OF.ASSOCATION OF
COUNSEL T5
ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
701 PIKE STREET, SUITE 1560
SEATTLE, WA 98101
PHONE: 206/492-2300
Page 3339
12/21/2018
,-"\Lt: U
'"KAlilT COUHTY CL.ERK
~ SKAG\T COUNTY, WA
2018 OEC 20 AM rr: SJ)
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
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IN AND FOR THE COUNTY OF SKAGIT
CHRISTOPHER E. LARSON, a married man
as his separate estate; and ANGELA LARSON,
a married woman,
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Plaintiffs,
II
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vs.
NO. 18-2-01234-29
ti1ROP08ED] ORDER GRANTING
SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR
TRANSFER OF VENUE
SNOHOMISH COUNTY, et al.,
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Defendants.
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ORDER
This matter came before the Court on Snohomish County Defendants' Motion to Dismiss
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and for Transfer of Venue. The Court has considered the arguments of the parties and reviewed
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the pleadings and documents on file, including:
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1)
Snohomish County Defendants' Motion to Dismiss and for Transfer of Venue;
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2)
PlaintiffLarsons' Response to Snohomish County Defendants' Motion to Transfer
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of Venue;
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3)
Declaration of Scott Stafne in Support of Opposition to Motions to Dismiss and
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Transfer Venue and in Support of Plaintiffs' Motion for Continuance, with attached exhibits;
[PROPOSED] ORDER GRANTING SNOHOMISH COUNTY
DEFENDANTS' MOTION TO DISMISS AND FOR TRANSFER OF
VENUE-I
SNOHOMISH COUNTY
PROSECUTING ATTORNEY - CIVIL DIVISION
Robert J, Drewel Bldg., ath Floor, M/S 504
3000 Rockefeller Ave
EVERETT, WASHINGTON 98201-4060
(425)388-6330 FAX: (425)388-6333
Page 3340
4)
Declaration of Micah James Anderson, with attached exhibits;
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5)
Declaration of Chris Larson;
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6)
Declaration of Angela Larson, with attached exhibits;
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7)
Plaintiffs' Response to State of Washington's Motion to Dismiss and Quality's
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Joinder Therein, Also Plaintiffs' Response to Snohomish County's Motion to Dismiss;
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8)
Plaintiffs' Emergency Motion for Extension of Time;
9)
State Defendants' Joinder in Snohomish County's Motion to Dismiss and Motion
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to Change Venue;
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10)
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Reply on Snohomish County Defendants' Motion to Dismiss and for Transfer of
Venue;
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11)
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12)
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13)
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Being fully advised in the matter, the Court does hereby FIND and ORDER:
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1)
Plaintiffs' Emergency Motion for Extension of Time is DENIED.
2)
Snohomish County Defendants' Motion to Dismiss is GRANTED. All claims
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against Snohomish County Defendants and State Defendants are dismissed without prejudice.
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3)
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4)
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[PROPOSED] ORDER GRANTING SNOHOMISH COUNTY
DEFENDANTS' MOTION TO DISMISS AND FOR TRANSFER OF
VENUE-2
-
Page 3341
SNOHOMISH COUNTY
PROSECUTING ATTORNEY· CIVIL DIVISION
Robert J. Drewel Bldg., 8th Floor, M/S 504
3000 Rockefeller Ave
EVERETT. WASHINGTON 98201-4060
(425)388-6330 FAX: (425)388-6333
Presented by:
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MARKK.ROE
Snohomish County Prosecuting Attorney
~L
LI)SEy DOWNS, WSBA No. 37453
GEOFFREY A. ENNS, WSBA No. 40682
Deputy Prosecuting Attorneys
Attorneys for Defendant Snohomish County, Carolyn Weikel, and Sonya Kraski
Snohomish County Prosecuting Attorney- Civil Division
3000 Rockefeller Ave., MIS 504
Everett, Washington 98201
Phone: (425) 388-6330 / Fax: (425) 388-6333
: ;;ar:;;:;•ecuting
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MARKK.ROE
Attorney
SAR/A J. DiVITTORIO, WSBA No. 33003
Deputy Prosecuting Attorney
Attorney for Defendant Judges Appel, Bowden, Dingledy, Ellis, Fair, Farris,
Judge, Krese, Kurtz, Langbehn, Larsen, Lucas, Okrent, Weiss, and Wilson
Snohomish Cou1;1ty Prosecuting Attorney- Civil Division
3000 Rockefeller Ave., MIS 504
Everett, Washington 98201
Phone: (425) 388-6330 / Fax: (425) 388-6333
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[PROPOSED] ORDER GRANTING SNOHOMISH COUNTY
DEFENDANTS' MOTION TO DISMISS AND FOR TRANSFER OF
VENUE-3
Page 3342
SNOHOMISH COUNTY
PROSECUTING ATTORNEY· CIVIL DIVISION
Robert J. Drewel Bldg., 81h Floor, M/S 504
3000 Rockefeller Ave
EVERETT, WASHINGTON 98201-4060
(425)388-6330 FAX: (425)388-6333
12/21/2018
FILED
SKAGIT COUNTY CLERK
SKAGIT COUNTY, WA
12/20/18
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR SKAGIT COUNTY
CHRISTOPHER E. LARSON e tal
No: 18-2-01234-29
V
CLERK'S MINUTES
SNOHOMISH COUNTY et al
Date: 12/20/18
JUDGE DAVID A. SVAREN
AVC: 3/9/30-11:14, 11:20-
Clerk: K. Denton
[X] MTHRG
PLAINTIFF: [X] Pres,ent [X] Represented by: SCOTT STAFNE (via court call)
DEFENDANT THE STATE OF WASHINGTON: [X] Represented by: JULY SIMPSON {vial court call}
DEFENDANTS DEUTSCHE BANK, THE TRUST, MORGAN STANLEY, SELECT PORTFOLIO, MERS:
[X ] Represented by: D. JEFFREY COURSER (via court call}
DEFENDANT SNOHOMISH COUNTY: (X] Represented by: GEOFFREY ENNS & LYNDSEY DOWNS
DEFENDANT QUALITY LOAN SERVICE: [X] Represented by: ROBERT McDONALD
i
THIS MATTER COMES BEFORE THE COURT FOR MULTIPLE MOTIONS TO DISMISS:
Mr. Stafne addresses the issues of Judge Svaren being the adjudicator of this matter. Court advises Mr.
Stafne that he has read the entire file. Mr. Stafne addresses statute 65.12.050 and argues the Skagit county
bench should disqualify itself from this case due to not complying with .the Torrens act.
Court finds motion to disqualify himself will be denied.
Mr. Stafne argues the motions filed for dismissal have not been filed timely pursuant to the rules for summary
judgment and should be continued. Mr. Stafne moves for emergency 30 day extension and addresses his
medical issues with regards to needing this continuance. Mr. Stafne argues GR 33.
Ms. Simpson addresses Mr. Stafne's motion for continuance.
Mr. Enns addresses motion for continuance and makes objections.
Mr. McDonald addresses motions for continuance and makes objections.
Mr. Courser does not address the motion for continuance.
Court finds this matter is noted under rule 12 not under rule 56 therefore it does not fall under the summary
judgment guidelines.
Court finds the motion for emergency continuance and states that Mr. Stafne himself has said he has declined
medical services and has not provided medical records that would verify the needforan emergency
continuance.
Court finds motion to continue is denied.·
Mr. Enns moves for dismissal due to an abstractof title not being filed per statutory regulations.
Mr. Enns argues change of venue.
Ms. Simpson states they have joined in on the motion for dismissal, change of venue and addresses issues.
Mr. McDonald states th~y have joined on the motion to change venue.
·
Mr. Courser states they,have joined in on the motion to change venue,
Mr. Stafne makes objections to motion for dismissal and change of venue. Mr. Stafne continues addressing
argument for disqualific~tion.
Mr. Enns continues argument for dismissal and change of venue.
Ms. Simpson continues argument in support of motion to dismiss and change venue.
RECESS@ 10:36
RECONVENE@ 10:53
Page 3343
All parties present.
Court finds Snohomish County and the State's motion for dismissal is granted due to an abstract of title not
being filed with the Torrens application as required by Statute. All claims against Snohomish County
defendant's and State defendants will be dismissed from this matter without prejudice. Court finds the motion
for change of venue is reserved until Quality Loan Service's motions have been heard.
Mr. McDonald address 12B6 motion and advises the Court he also joins in on the motion for dismissal.
Mr. Stafne addresses the Court's ruling and makes objections. Mr. Stafne makes objections to the 12B6
motion.
** POWER OUTAGE AT APPROXIMATELY 11:14**
RECONVENE @ 11 :20
RECESS@ 11:14
All parties present.
Mr. Stafne addresses his objections the 12B6 motion.
Mr. McDonald continues addressing the motions.
Mr. Courser joins in on the 12B6 motion and addresses issues.
Mr. Stafne continues addressing objections.
Court finds with regards to the remaining causes of actions in the complaint Court finds 4.3 will be dismissed
as to all parties with prejudice. As to 4.5 & 4.6 they will be dismissed as to Quality loan services. As to 4.4,
4. 7 & 4.8 they will stand.
As to 4.5 & 4.6 it will stand to all parties except as to Quality Loan services. Court finds as to change of venue
jurisdiction is mandatory in Snohomish County per the statute and venue will be changed to Snohomish
County.
Court finds because there is a penalty being sought, per statute venue will be mandatory in Snohomish
County.
Court will sign this order When presented.
[ X] COURT SIGNS:
[X
l Order of Dismissal as to Snohomish County defendants and State defendants
[ X] COURT WILL SIGN ORDER WHEN PRESENTED [ ] MATTER TO BE RENOTED BY COUNSEL
2
Page 3344
12/20/2018
f
IU:u
SKAGIT COUNTY CLERK
SKAGIT COUNTY, WA
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.2018 DEC 18 AH ff: 4a
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IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN AND FOR SKAGIT COUNTY
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QUALITY'S RESPONSE TO
PLAINTIFFS' EMERGENCY
MOTION FOR EXTENSION OF
TIME
Plaintiffs,
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V.
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SNOHOMISH COUNTY, et al.,
13
Case No.: 18-2-01234-29
CHRISTOPHER LARSON and ANGELA
LARSON,
Defendants.
14
i
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On December 14, 2018, Plaintiffs' counsel filed an Emergency Motion for
16 Extension of Time requesting a period of thirty (30) days in which to file Plaintiffs'
17 Response to State Defendants' Motion to Dismiss and Quality's Joinder therein as
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well as Snohomish County Defendants' Motion to Dismiss and Transfer Venue.
Plaintiffs' Emergency Motion for an Extension of Time contained no citations,
statutes, local rules or case law supporting their request for additional time. In
addition Plaintiffs' requested relief has been rendered moot as on December 14, 2018
as Plaintiffs' ~led a twenty eight (28) page response to the very motions Plaintiffs
have requested time from the Court to address.
Plaintiffs however did not file a response to Quality's Motion for Dismissal
nor did their Emergency Motion request additional time to address Quality's Motion
to Dismiss as Plaintiffs' moving papers only request more time to address Quality's
Joinder to State Defendant's Motion to Dismiss. To the extent Plaintiffs now wish to
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OORtGtNAL
OBJECTION TO REQUEST FOR ADDITIONAL TIME
Page •I•
CV #WA-18-842379-CV I
TS# WA-18-813156-BB
QUALITY LOAN SERVICE CORP. OF WASHINGTON
108 1'1 Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
Page 3345
12/20/2018
I
move for relief from the Court to address Quality's motion for dismissal, Quality
2
objects on the basis of undue prejudice.
3
Plaintiffs' Counsel has failed to timely respond to Quality's motion for
4
dismissal, failed to even request this relief if actually sought and has also failed to
5
provide any authority whatsoever in support of their motion. Moreover, Plaintiffs'
6
Counsel made no attempts to contact Counsel for Trustee to request any such
7
accommodation prior to the filing of the request with the Court. In this case, Quality
8
9
10
11
12
13
14
15
16
has already incurred significant legal fees and costs associated with filing its motion
for dismissal and providing the instant reply. Additionally, Counsel for Quality has
also already ~ade both work and personal accommodations to allow for the travel
from Seattle to Mount Vernon to argue Quality's scheduled motions. Granting
Plaintiffs' instant request would unduly prejudicial to Quality and therefore the
instant motion should be denied.
Quality respectfully requests the Plaintiffs' motion for more time be denied as
the request is moot and as to Quality, Plaintiffs' moving papers do not request
additional time to address Quality's motion for dismissal for which the deadline to
respond has already passed.
17
18
DATED this \ CfllJay of December.
19
20
Robert William McDonald, WSBA #43842
22 Quality Loan Services Corp. of Washington
21
23
24
25
26
27
28
OBJECTION TO REQUEST FOR ADDITIONAL TIME
Page -2·
CV #WA-18-842379-CV I
TS# WA-18-813156-BB
QUALITY LOAN SERVICE CORP. OF WASHINGTON
108 1'1 Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
Page 3346
12/20/2018
1
2
3
4
5
6
IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN AND FOR SKAGIT COUNTY
7
8
9
CHRISTOPHER LARSON and ANGELA
LARSON,
Plaintiffs,
10
11
12
13
Case No.: 18-2-01234-29
REPLY IN SUPPORT OF MOTION
TO DISMISS AND NOTICE OF
NON-OPPOSITION BY QUALITY
LOAN SERVICE CORPORATION
OF WASHINGTON
V.
SNOHOMISH COUNTY, et al.,
Defendants.
~
14
15
16
17
18
I. REPLY AND NOTICE OF NON OPPOSITION
Quality. Loan Service Corporation of Washington ("Quality") hereby submits
this reply and Notice of Non-Opposition in support of Quality's Motion for
19
20 Dismissal. Quality filed its instant motions December 6, 2018 noting the original
21
22
23
motion hearing date for December 20, 2018 pursuant to SCLCR 6(d)( 1). Quality in
its moving papers has moved this Court for ( 1) a request for judicial notice pursuant
24 to ER 201 (2) joined the State Defendants' Motion for Dismissal and Transfer of
25
Venue (3) joined Snohomish County's Motion for Dismissal and Transfer of Venue
26
27
28
and (4) filed its own Motion for Dismissal pursuant to Washington State Court Rule
Superior Court Civil Rules 12(b)'6t
NOTICE OF NON OPPOSITION
WA-18-842379-CV I
WA-18-813156-BB
u
ORIGINAL
Page 3347
QUALITY LOAN SERVICE CORP. OF WASHINGTON
108 1~ Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206)257-3163
12/20/2018
As the Quality motion for dismissal is now noted for Thursday December 20,
2 2018 the Local Rules establish Plaintiffs' reply deadline for service and filing as at
3
least four (4) court days before the hearing. SCLCR 6(d)(2)(ii) As of noon Monday
4
5
December 17, 2018 the Trustee has not been served with Plaintiffs' response to
6 Quality's Motion for Dismissal. Plaintiffs have failed to timely respond, or move the
7
Court for additional time to provide a response, the Court's docket does not reflect
8
9
any responsive pleading as to Quality's motion for dismissal, 1 therefore any pleading
1O filed should be stricken by this Court.
11
II. CONCLUSION
12
13
Because no opposition has been timely filed or served, Quality respectfully
14
request their Motion to Dismiss be granted in its entirety, Plaintiffs have no legal
15
16
cause of action against Quality. Quality advanced the previous non-judicial
17
foreclosure pursuant to the law in all respect. Quality has done nothing wrong that
18
would be actionable under either federal or state law. This is a frivolous lawsuit and
19
20
21
it should be dismissed without leave to amend. Roth v. Garcia Marquez, 942 F .2d
617, 628 (9th Cir. 1991) (leave to amend can be denied where futile).
22
23
24
25
Robert W. McDonald, WSBA #43842
Attorney for Quality Loan Service Corp. of Washington
26
27
28
1
Plaintiffs' moving.papers only request more time to address Quality's Joinder to State Defendant's Motion to
Dismiss.
QUALITY LOAN SERVICE CORP. OF WASHINGTON
108 1'1 Ave S. Suite 202
Seattle WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
NOTICE OF NON OPPOSITION
WA-18-842379-CV I
WA-18-813156-BB .
Page 3348
12/20/2018
1
si*iiJi~fffNf
2
2018 DEC I B AH ff: .48
h
3
4
5
6
IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN AND FOR SKAGIT COUNTY
7
8
9
CHRISTOPHER LARSON and ANGELA
LARSON,
Case No.: 18-2-01234-29
10
Plaintiffs,
11
V.
12
SNOHOMISH COUNTY et al.,
13
QUALITY LOAN SERVICE
CORPORATION OF
WASHINGTON'S REPLY TO
NOTICE OF JOINDER AND
SUPPLEMENTAL REQUEST
PURSUANT TO ER 201
Defendants.
14
15
16
LP
17
18
19
20
21
22
23
24
25
26
I.
REPLY TO NOTICE OF JOINDER
Defendant Quality in its moving papers has moved this Court for (I) a request
for judicial notice pursuant to ER 201 (2) joined the State Defendants' Motion for
Dismissal and Transfer of Venue (3) joined Snohomish County's Motion for
Dismissal and Transfer of Venue and (4) filed its own.Motion for Dismissal pursuant
to Washington State Court Rule Superior Court Civil Rules 12(b)(6). Plaintiffs have
not filed a reply to Quality's Motion for Dismissal and therefore in response, Quality
has filed a notice of non-opposition to its noted CR 12(b)( 6) motion and this reply
addressing Plaintiffs' response to the Quality's Joinder to State Defendants' Motion
for Dismissal and Transfer of Venue and Snohomish County's Motion for Dismissal
and Transfer of Venue.
27
28
QUALITY'S REPL y TO DEFENDANTS'
0 °~\G\
N~~ality Loan Se.-vke Co'J)OraHon of Washington
JOINDERS
Page I
CV #WA-18-8423.79-CV I TS# WA-18-813156-BB
Page 3349
108 151 Avenue South, Suite 202
Seattle, WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
12/20/2018
II. FACTUAL AND PROCEDURAL HISTORY
1
2
On or about October 6, 2006, Christopher E. Larson a Plaintiff in this action
3
executed a Promissory Note and Deed of Trust to secure a loan for $218,000.00
4
against the real property commonly known as 11914 167th Drive NE, Arlington, WA
5
98233 ("The Property"). 1 Prior to Christopher E. Larson purchasing the subject
6
property from the former owners (Tyson K. Bushnell and Alisia M. Bushnell) for the
7
purchase price of $272,500.00, Tyson K. Bushnell and Alisia M. Bushnell were listed
8
as the title owners of the subject property. 2 After Christopher E. Larson purchased
9
the subject property on October 9, 2006, Tyson K. Bushnell and Alisia M. Bushnell
10
executed a Warranty Deed transferring title to Christopher E. Larson recorded
11
October 11, 2006 under Snohomish County Auditor Instrument Number
12
200610110832. 3
13
On June 6, 2018, following the process as required under Washington Law,
14
Quality noticed a Trustee's Sale to be held October 12, 2018 for the subject property. 4
15
The Trustee's Sale as to the Larson Deed of Trust was postponed once from October
16
12, 2018 to November 16, 2018. The Trustee's Sale was held as scheduled on
17
November 16, 2018. Plaintiffs failed to enjoin the Trustee's Sale and therefore under
18
RCW 61.24.127(2)(b) may now not seek any remedy at law or in equity other than
19
monetary damages; and specifically pursuant to RCW 61.24.127(2)(c) may not affect
20
in any way the validity or finality of the foreclosure sale or a subsequent transfer of
21
the property. •
22
The public records indicate there were no defects in the Trustee's Sale as
23
advanced. The Trustee's Sale that was advanced by Quality was done so pursuant to
24
25
1
26
27
28
A true and correct copy of the Deed of Trust attached as Exhibit "1" to the McDonald Dec.
A true and correct copy of the Snohomish County Assessor's Land Records for the subject parcel is attached as
Exhibit "IO" to the McDonald Supplemental Dec. See also Stafne Dec. Exhibit B, attachment to Quality Letter dated
9.17.2018.
3
A true and correct copy of the Snohomish County Assessor's Land Records for the subject parcel is attached as
Exhibit "11" to the McDonald Supplemental Dec.
4
A true and correct c9py_Qfthe Notice of Trustee's Sale is attached a~Exhibit "4" to the McDonaldJ)ec.
QUALITY'S REPLY TO DEFENDANTS'
l.,lUality Loan Service Corporation of Washington
J01NOERS
108 151 Avenue South, Suite 202
Page 2
Seattle, WA 98104
PH: (206) 596-4862
CV #WA-18-842379-CV I TS# WA-18-813156-BB
FAX: (206)257-3163
2
Page 3350
12/20/2018
1 the law in all respects. Plaintiffs' claims fail to state a cognizable claim for relief as
2
to Quality and therefore under Washington Law, Plaintiffs' Complai_nt should be
3
dismissed as matter of law.
a
4
In the alternative should the Court not grant dismissal as to Quality, it is
5
requested this matter be moved, as Snohomish County is the only proper venue
6
pursuant to RCW 4.12.010(1). Plaintiffs' response to the defendants' motions filed
7
addressing the issue of Venue are silent as to the mandatory requirement of RCW
8
4.12.010(1). Because this case seeks to determine questions affecting the title and
9
for alleged injuries to real property situated in the County of Snohomish, Snohomish
10
County is the bnly proper jurisdiction for the subject matter.
III. LEGAL AUTHORITY AND ARGUMENT
11
12
1. Torrens Act as Basis for CPA Violation Against Quality Fails.
13
Plaintiffs' argument concerning the application of the Torrens Act as a basis
14
for a Consumer Protection Act Violation against Quality is completely without merit
15
and nonsensical. Plaintiffs appear to have attempted to register their property within
16
the Torrens Registration of Title to Land with the Clerk of Snohomish County
17
Superior Court. Plaintiffs' application was incomplete and defective on its face due
18
to it not including the required Abstract of Title.
19
Here Plaintiffs' are pursuing a Consumer Protection Act Violation against the
20
Trustee of the Larson Deed of Trust for following the law. Plaintiffs were provided
21
notice of their need to seek an injunction pursuant to RCW 61.24.130 in
22
correspondence issued by the Trustee to Plaintiffs' Counsel dated September 17,
23
2018. 5 A private claim under the Consumer Protection Act requires (1) an unfair or
24
deceptive act or practice (2) occurring in trade or commerce; (3) that impacts the
25
public interest; (4) injury to business or property; and (5) causation. Hangman Ridge
26
Training Stables v. Safeco Title Ins. Co., 105 Wn.2d 778, 780 (Wash. 1986). Failure
/
27
28
5
Sc;c; Stafne Dec. Exhibit B,,.puality Lett.« dated 9.17.2018.
QUALITY'S REPLY TO uEFENDANTS'
JOINDERS
.
Page3
CV #WA-18-842379-CV I TS# WA- l 8-813156-BB
Page 3351
Quality Loan Service Corporation of Washington
I 08 Ist Avenue South, Suite 202
Seattle, WA 98 l 04
PH: (206) 596-4862
FAX: (206) 257-3163
12/20/2018
1 to satisfy even one of the elements is fatal to a CPA claim.
Sorrel v. Eagle
2 Healthcare, 110 Wn. App. 290,298 (Wash. Ct. App. 2002). Technical violations of
3
the DTA do not constitute unfair or deceptive acts or practices actionable under the
4
CPA absent
5
U.S. Dist. LEXIS 77235, 6-7 (W.D. Wash. June 9, 2015).
a showing of materiality or prejudice. Meyer v.
U.S. Bank N.A., 2015
Plaintiffs' Complaint lacks any allegation that Quality engaged in a deceptive
6
7
act or practice that could possibly amount to material misrepresentations concerning ·
8
the application of the Torrens Act to the Plaintiffs property. Plaintiffs allege Quality
9
participated in a potential scheme to advance a foreclosure of a deed of trust that was
1o void due to loan origination. Here Plaintiffs acquired title from the prior owners of
11
the subject property via a Warranty Deed that was recorded one instrument number
12
before the operative deed of trust that is subject to this litigation. 6 As to Quality, the
13
14
15
16
17
18
19
20
21
22
23
loan funding issue is barred by the statute of limitations. Plaintiffs must commence
a Consumer Protection Action within four years and a fraud claim within three years.
See RCW 19.86.120 and RCW 4.16.080(4). The statutory period for common-law
fraud begins to run when the aggrieved party discovers or should have discovered
the fact of the fraud by due diligence, and sustain some actual damages as a result
therefrom. Br9wning v. Howerton, 92 Wn. App. 644, 966 P .2d 367 ( 1998). Plaintiffs
allege the fraud occurred in connection with funding of Plaintiffs loan executed in
October 2006. Plaintiffs filed their lawsuit October 18, 2018, this is almost twelve
years after the original loan transaction. Plaintiffs also fail to allege or identify when
any alleged "concealment" by Quality (not a party to the loan transaction) happened.
Plaintiffs' CPA and quasi common law fraud claims as to Quality are untimely,
barred by the statute of limitations and fail as a matter of law.
24
Here Plaintiffs argue the loan they took out was never funded. This argument
25
as to Quality fails as ( 1) the allegation is barred by the statute of limitations (2)
26
Quality was not a party to the loan origination (3) the public record indicates
27
28
6
Warrant Deed Instrument Number 200610110832, Deed of Trust Instrument Number 200610110833.
QUALITY'S REPLY TO DEFENDANTS'
Quality Loan Service Corporation of Washington
JOINDERS
·
108 1'1 Avenue South, Suite 202
Seattle, WA 98104
Page4
PH: (206) 596-4862
CV #WA-18-842379-CV I TS# WA-18-813156-BB
FAX: (206) 257-3163
Page 3352
12/20/2018
1 Christopher E. Larson acquired title to the subject property when he purchased the
2
subject property from Tyson K. Bushnell and Alisia M. Bushnell for the purchase
3
price of $272,500.00 indicating that the loan was in fact fully funded. In order to
4
have quieted the deed of trust as to the secured debt or certain installments, Plaintiffs
5
were required to first prevail in a quiet title action against Deutsche Bank, which they
6
failed to do. Because Plaintiffs' CPA claims as to Quality are based on (1) their
7
unsupported theory the DTA is unconstitutional, (2) their theory the beneficiary did
8
9
10
11
12
not have standing to pursue foreclosure and (3) their theory the Quality foreclosure
was improper because the debt was time barred, the Plaintiffs' claim for CPA fails
as a matter of law as Quality conducted a non-judicial foreclosure on a deed of trust
that was valid and enforceable as Plaintiffs had not obtain quiet title relief prior to
the Trustee's Sale held.
2. Plaintiffs' Requested Remedy for Quiet Title Has Been Waived.
13
14
15
16
17
Plaintiffs may not quiet title absent proof that they have satisfied the lien. See
Evan v. BAC Home Loan Serv. LP, 2010 WL 5138394 (W.D. Wash. 2010).
Plaintiffs' claim for Quiet Title has been waived. Plaintiffs' quiet title claim is now
moot as against Quality. To-Ro Trade Shows v. Collins, 144 Wn.2d 403,411 (Wash.
2001) (before .the jurisdiction of a court may be invoked there must be a justiciable
18
controversy). -A case is technically moot if a court can no longer provide effective
19
relief. 4518 S.~256th, LLCv. Karen L. Gibbon, PS, 195 Wn. App. 423,427,382 P.3d
20
1, 3 (2016). Ph1intiffs' requested remedy is now barred by operation oflaw. Plaintiffs
21
failed to seek the available remedies afforded them under Washington Law thereby
22
Plaintiffs choose to waive their claims for any remedy at law or in equity other than
23
monetary damages. By failing to seek restraint of the sale, Plaintiffs expressly
24
waived their ability to challenge the validity or finality of the foreclosure sale or a
25
subsequent tr~sfer of the property. 7
26
27
28
7
RCW 61.24 127(2)
QUALITY'S REPLY TO DEFENDANTS'
JOINDERS
Page 5
CV #WA-18-842379-CV I TS# WA-18-813156-BB
Page 3353
Quality Loan Service Corporation of Washington
108 1'1 Avenue South, Suite 202
Seattle, WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
12/20/2018
3. Non-Judicial Foreclosure Advanced Pursuant to Washington Law.
2
Plaintiffs put up their real property as collateral securing repayment of their
3
$218,000.00 loan. The Larson Deed of Trust gave the Trustee the power of sale over
4
the property. Failure to make payments on the Larson Promissory Note was an event
5
of default triggering the Trustee's power of sale and duty to advance a foreclosure
6
pursuant to the parties' contract. There is no dispute that the Plaintiffs stopped
7
paying their mortgage. The Notice of Trustee Sale recorded memorializes the Notice
8
of Default was issued December 22, 2017. 8 The obligor materially defaulted on his
9
payment obligations. The default triggered the Trustee's power of sale, and the
1O Trustee had a duty to advance the foreclosure pursuant to the parties' agreement.
11
When Quality initiated its foreclosure, the Larson Deed of Trust encumbered the
12
property because the Plaintiffs had not prevailed in a RCW 7.28.300 action against
13
Deutsche Bank and obtained quiet title relief.
14
IV. CONCLUSION
15
Quality respectfully request their Joinder to the Defendants' Motion to
16
17
Dated: December 17, 2018
18
19
20
21
22
23
24
25
26
27
28
8
Deel. of McDonald Exhibit 4 1 VI.
QUALITY'S REPLY TO DEFENDANTS'
JOlNDERS
Page 6
CV #WA-18-842379-CV I TS# WA-18-813156-BB
Page 3354
Quality Loan Service Corporation of Washington
108 1•t Avenue South, Suite 202
Seattle, WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
12/20/2018
S~AGIT {r5lE:.AJ
SKAGIT cUNTy CLERri
OUNTY. WA
1
2Df8D£C I;
2
8 AH·f""'i
•.·.
ii• ."f8
3
4
5
6
IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN AND FOR SKAGIT COUNTY
7
/
8
Case No.: 18-2-01234-29
CHRJSTOPHER LARSON and
ANGELA
LARSON,
9
Plaintiffs,
10
V.
11
SNOHOMISH COUNTY. et al.,
12
Defendants,
SUPPLEMENTAL DECLARATION
OF ROBERT WILLIAM MCDONALD
IN SUPPORT OF QUALITY'S
MOTION FOR JUDICIAL NOTICE
13
CJ\
14
15
I, Robert William McDonald, declare as follows:
16
1.
Identity of Declarant. I am an attorney duly licensed to practice law before
17
all of the Courts of the State of Washington and I am the attorney of record
18
for Defendant Quality Loan Service Corp. of Washington ("Quality") in this
19
matter. I have personal knowledge of the facts stated in this declaration, or
20
have gleaned such knowledge from a review of the files and records
21
maintained by Quality, in the ordinary course of its business, with entries
22
made c<;mcurrently with, or near, the time each event occurred and also the
23
public records of the Snohomish County Auditor.
24
2·
support of Defendant's instant motion and request for Judicial Notice
25
pursuant to ER 201.
26
27
28
Purpose of Declaration. I am submitting this supplemental declaration in
3.
Assessor Public Tax Records. Attached to this Declaration as Exhibit 10 is
a true and correct copy
or,oo~bunty Assessor Tax Records
Quality Loan Service Corp. of Washington
108 1st Ave S. Suite 202
Seattle, WA 98104
PH: (206) 596-4862
FAX: (206)257-3163
Supplemental Declaration of Robert McDonald in Support of
Quality's Motion for Joinder and Motion for Dismissal
Page - I
CV #WA-18-842379-CV I TS# WA-18-813156-BB
Page 3355
12/20/2018
1
indicatipg the Christopher Larson purchased the subject parcel from Tyson
2
Bushnell and Alisia Bushnell on October 9, 2006 for the purchase price or
3
$272,500.00.
4
4.
Warranty Deed. Attached to this Declaration as Exhibit 11 is a true and
5
correct copy of the operative Warranty Deed transferring Title to the subject
6
property from the previous owner to Christopher Larson contained within the
7
Trustee's foreclosure file.
8
9
10
11
12
13
5.
Redaction. Any documents submitted as Exhibits in connection with
Defendant's instant motion and request for judicial notice have been redacted
to remoye Plaintiffs' loan numbers and personal identifiers.
I declare under penalty of perjury under the laws of the State of Washington
that the foregoing is true and correct and that this Declaration was executed in
Seattle, Washington on this 17th day of December, 2018.
14
¥htW
Presented b y ~
15
16
~
Robert W. M ~WSBA #43842
Quality Loan Service Corp. of WA
17
18
19
20
21
22
23
24
25
26
27
28
Supplemental Declaration of Robert McDonald in Support of
Quality's Motion for Joinder and Motion for Dismissal
Page - 2
CV #WA-18-842379-CV I TS# WA-18-813156-BB
Quality Loan Service Corp. of Washington
108 I" Ave S. Suite 202
Seattle, WA 98104
PH: (206) 596-4862
FAX: (206) 257-3163
Page 3356
12/20/2018
EXHIBIT 10
ASSESSOR'S PUBLIC TAX
RECORDS
Page 3357
12/20/2018
Page 1 of 3
-------"------~~---
snohom ish
C!?.~ns'ltY
Home
.... ............................
*
OnUno Government Information & Sorvh::o•
Other Property Data
Help
......... """' -~--- ....
Prop~rtv Search > Search Results > -~~?,p_e~-~-~!1:~~l)'
,--•vw••,,
·-· ~··.,. ,... .,
vv•-,,••v.,,.,.,.,,, -••••••,.•••••"
Property Account Summary
12/17/2018
~arcel Number
joo551400008900
!Property Address
It 1914 167TH DR NE, ARLINGTON, WA 98223-5860
I
General Information
RAINBOW SPRINGS BLK 000 D-00 - LOT 89 PLUS UNDIV INT IN PRIV
RDS PLUS 11200TH INT IN TR A & B
..,and and Improvements
Active, Locally Assessed
01520
Property Description
Property Category
Status
Tax Code Area
Property Characteristics
Use Code
Unit of Measure
Size (gross)
111 Single Family Residence - Detached
Acre(s)
0.21
Related Properties
I
~o Related ProEerties Found
Parties
Role
Address
Percent Name
Taxpayer
DEUTSCHE BANK
100 NATIONAL TRUSTE CO
ITEE
3217 S DECKER LAKE DR, SALT
LAKE CITY, UT 84119
Owner
100 LARSON CHRISTOPHER E
11914 167TH DR NE,
ARLINGTON, WA 98223-5860
United States
Property Values
Value Type
Taxable Value Regular
Exemption Amount Regular
Market Total
~ssessed Value
!Market Land
Market Improvement'
Personal Property
Tax Year
Tax Year
Tax Year
Tax Year
20111
2017
2016
201!:
2014
$227,10(
$204,300
$175,300
$158,80{
$149,700
$227,100
$227,100
$90,000
$137,100
$204,300
$204,300
$60,000
$144,30(
$175,300
$175,300
$39,000
$136,300
$158,80C
$158,80{
$39,000
$119,80(
$149,700
$149,700
$40,000
$109,700
Tax Year
Active Exemptions
I
!Bo Exemptions Found
Events
I
I
I
I
I
https://www .snoco.org/proptax/(S(43 32hwcqbl lweektozqmiaej))/parcelinfo.aspx
Page 3358
12/17/2018
12/20/2018
Effective
Date
11/19/2018
11/19/2018
10/09/2006
10/09/2006
10/09/2006
10/09/2006
06/29/2004
06/29/2004
06/29/2004
06/29/2004
Page 2 of 3
Entry Date-Time !Type
Remarks
11/21/2018
14:56:00
11/21/2018
14:56:00
11/07/2006
11:43:00
11/07/2006
11:43:00
10/13/2006
14:28:00
10/11/2006
13:50:00
08/02/2004
15:01:00
08/02/2004
15:01:00
07/01/2004
16:00:00
06/30/2004
14:28:00
Property Transfer Filing No.: 1182620, Trustee Deed 11/19/2018 by
strpgp
Excise Processed
Taxpayer
Changed
Owner
Tenninated
Property Transfer Filing No.: 1182620 11/19/2018 by strpgp
Property Transfer Filing No.: 302702 10/09/2006 by sasmmt
Owner Added
Property Transfer Filing No.: 302702 10/09/2006 by sasmmt
Taxpayer
Changed
Property Transfer Filing No.: 302702 10/09/2006 by strpcs
Excise Processed
Property Transfer Filing No.: 302702, Statutory Warranty Deed
10/09/2006 by strbjp
Owner
Tenninated
Property Transfer Filing No.: 566814 06/29/2004 by sasjnb
Owner Added
Property Transfer Filing No.: 566814 06/29/2004 by sasjnb
Taxpayer
Changed
Property Transfer Filing No.: 566814 06/29/2004 by strbjp
Excise Processed
Property Transfer Filing No.: 566814, Statutory Warranty Deed
06/29/2004 by strdlg
I
[ax Balance
No Charges are currently due. If you believe this is incorrect, please contact our Office at (425) 3883366.
Installments Pa~ablelPaid for Tax Year(Enter 4-digit Year, then Click-Here): 12018
I
Distribution of Current Taxes
Voted
Amount
$0.00
$1,278.01
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$1 278.01
Non-Voted
Amount
$421.73
$0.00
$86.21
$291.23
$179.64
$646.84
$6.01
$17.90
$90.00
$1 739.56
Current Use
Land Value
Current Use
Improvement
Current Use
Total Value
$0.00
$0.00
$0.00
District
Rate
FIRE DISTRICT 17
GRANITE FALLS SCHOOL DIST 332
SNO-ISLE INTERCOUNTY RURAL LIBRARY
SNOHOMISH COUNTY - ROAD
SNOHOMISH COUNTY-CNT
STATE
SNOHOMISH CONSERVATION DISTRICT
ST ATE FOREST FIRE
SURF ACE WATER - SWM068000
l.86 $421.73
5.63 $1,278.01
$86.21
0.38
1.28 $291.23
0.79 $179.64
2.85 $646.84
$6.01
$17.90
$90.00
12.79 $3 017.57
TOTAL
Amount
Pending Property Values
Pending Market Land
Tax Year
Value
2019
$96,000.00
Market
Market Total
Improvement
Value
Value
$161,400.00
$257,400.00
Levy Rate History
'
Tax Year
2017
2016
2015
Total Levy Rate
12.614999
13.255322
14.302278
Real Property Structures
!Description
: ITvoe
I
, I
!Year Built
!More Information
I
I
https://www .snoco.org/proptax/(S(43 32hwcqbl lweektozqmiaej) )/parcelinfo.aspx
Page 3359
I
I
12/17/2018
12/20/2018
!Split Entry
!Dwelling
Page 3 of 3
I
!View Detailed Structure Information
11998
Receipts
Date
Receipt No.
10/23/2018 00:00:00
04/18/2018 00:00:00
10/23/2017 00:00:00
04/17/2017 00:00:00
10/24/2016 00:00:00
04/21/2016 00:00:00
10/23/2015 00:00:00
04/15/2015 00:00:00
10/27/2014 00:00:00
04/22/2014 00:00:00
10/22/2013 00:00:00,
04/24/2013 00:00:00
10215440
9802270
9548415
9257418
8972850
8715142
8437248
8126835
7891308
7638389
7353742
7077871
Amount Annlied to Parcel
Receipt Total
$1,508.79
$1,508.78
$1,342.57
$1,342.57
$1,215.78
$1,215.78
$1,189.55
$1,189.55
$1,195.81
$1,195.81
$1,199.19
$1,199.18
$1,508.79
$3,017.57
$1,342.57
$2,685.14
$1,215.78
$2,431.56
$1,189.55
$2,379.10
$1,195.81
$2,391.62
$1,199.19
$2,398.37
Sales History
Sale Date
Entry
Date
Recording Recording
Date
Number
06/29/2004 06/30/2004 06/29/2004
Sale Excise Deed Transfer Grantor
Amoun1 Number Type Type
'Seller)
$192,000.00 566814
w
Grantee
(Buyer)
Other
Parcels
s
STINNETT
BRUCEJ BUSHNELL
SR&
TYSONK&
CHERYLL ALISIAM
s
BUSHNELL
LARSON
TYSONK
CHRISTOPHER No
& ALISIA
E
M
No
s
10/09/2006 10/11/2006 10/09/2006
$272,500.00 302702
w
Property Maps
!Neighborhood Code
Township Range Section !Quarter Parcel Map
I
'4505000
30
I
06
II
INW
View uarcel maus for this Townshiu/Rangc/Section
Printsible Version
Developed by Thomson Reuters.
@2005-2017 All rights reserved.
Version 4.0.3.0
https://www.snoco.org/proptax/(S(4332hwcqb1lweektozqmiaej))/parcelinfo.aspx
Page 3360
12/17/2018
12/20/2018
EXHIBIT 11
WARRANTY DEED
Page 3361
.
..,
12/20/2018
.
200610110832.001
302702 .
'
~
AFTER RECORDING MAIL TO:
11101111 IHI IIm111 lffIIU Iii 111 ~I ~11111
n,~i,~:
Omstopher E. Larson
11914 167th Dnve NE
Arlington, WA 98223
3
~:03Dffl s33.0l PGS
SNOHONISH c3UNTY, QASHINGTON
Ftled for Reaird at Request of
Arst Amencan TIiie Insurance Company
/
STATUTORY WARRANTY DEED
Ftle No· 4228-911672 (TC)
Date: October 09, 2006
Grantor(s): Tyson K. Bushnell and Alisia M. Bushnell
Grantee(s): Christopher E. Larson
Abbreviated Legal. LOT 89, PLAT OF RAINBOW SPRINGS, VOL 19, P. 32-33,
Addltlonal Legal on page:
fJ
Assessor's Tax Parcel No(s): 005514-000-089-00 FIRST Al\1ERICAN':1
,.,
'-" ~\...(
1
l \1 ol '"\.
(1'
;
THE GRANTOR(S) Tyson K, Bushnell and Alisia M, Bushnell, husband and wife for and m
consideration of Ten Dollars and other Good and Valuable Consideration, m hand paid,
conveys, and warrants to Christopher E. Larson, a married man as his sole and separate
property, the following described real estate, situated m the County of Snohomish, State of
Washington.
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 19 OF PLATS, PAGES 32 AND 33, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
SubJect To: 111Is conveyance Is subJect to covenants, condations, restnctaons and easements, 1f
any, affecting title, which may appear m the public record, mcludang those shown on any recorded
plat or survey.
Tyson K. Bushnell
A11s1a M Bushnell
Page 1 of2
-------------------------------------Page 3362
LPB 10-05
-
rl....
12/20/2018
200610110832.002
Statutory warranty Deed
APN 005514-000-089·00
• mnbnued
STATE OF
Washington
)
)-ss
COUNTY OF
Snohomish
)
File No 4228•911672 (TC)
Oat.e 10/09/2006
I certify that I know or have satisfactory evidence that Tyson K. Bushnell and Alisia M.
Bushne~re the person(s) who appeared before me, and said person(s) acknowledged that
he/she/~tgned this instrument and acknowledged 1t to be hts/her/ eir ree and voluntary act
for the uses and purposes mentioned m ttus instrument
I1} l u-0,
,,,,,,,,,,,,,,.
,,••~El,'""~
.,•••••••• Cl
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Dated:
•'' ,. • •··\~3
0
Notary Public tn and for the State of Washington
Res1d1ng at"
l1f't,<hn
My appointment expires ~-I
JJ,
~
:
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........... ~o ,,
"?rl D
MICHELLE L GROSHONG
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ASH\t'<:.,,,1'
.,,,.,,,,,,,,,
1
Page 2 of2
Page 3363
LPB 10-05
.,..
_.,
12/20/2018
fflttDEC 13 PR 3: 36
2
3
4
5
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF SKAGIT
7
8
9
CHRISTOPHER E. LARSON, a married man
as his separate estate; and ANGELA LARSON,
a married woman,
10
Plaintiffs,
vs.
11
NO. 18-2-01234-29
REPLY ON SNOHOMISH COUNTY
DEFENDANTS' MOTION TO
DISMISS AND FOR TRANSFER OF
VENUE
SNOHOMISH COUNTY, et al.,
12
\\
NOTE ON CALENDAR: December 20,
2018
Defendants.
13
14
1. Plaintiffs' suit should be dismissed because the "Commitment for Title
Insurance" they filed is not an "Abstract of Title."
15
16
Plaintiffs did not properly invoke the Torrens Act in Snohomish County because they
17
failed to file the statutorily-required "abstract of title." See RCW 65.12.085 ("The applicant
18
19
shall also file with the said clerk ... an abstract of title[.]"). Plaintiffs allege, through their
20
counsel, they have spoken with unnamed experts who have purportedly told them that any
21
document which lists the pertinent record will suffice. 1 Not only is the bare assertion by
22
counsel unsupported hearsay, it is directly contradicted by the statutory definitions of
23
24
25
26
1
See Deel. of Scott Stafne in Supp. ofOpp'n to Mot. to Dismiss and Transfer Venue and in Supp. orPls.' Mot.
for Continuance 'lJ 5. It should come as no surprise that the only "expert" Plaintiffs' counsel relies upon is an
employee of his law firm. See Deel. of Micah Anderson Ex. C (listing Mr. Anderson's e-mail address as
[email protected]).
REPLY ON SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR TRANSFER OF VENUE·
1
r·
SkCSC#18-2-01234-29
r·
1
!
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: .:.•.?,,)",·.:
! :, :· <.::-~.::.
Page 3364
Snohomish County
Prosecuting Attorney- Civil Division
Robert Drewel Bldg., s•• Floor, M/S 504
. ~i)
3000 Rockefeller Ave
, · ')~
Everett, Washington 98201-4060
(425)388-6330 Fax: (425)388-6333
,.
, ;;1
.'
12/20/2018
"certificate of title insurance" and "abstract of title." See Snohomish County Defs.' Mot. to
2
Dismiss and for Transfer of Venue at 3-4.
3
The statutory definitions make clear that a certificate of title insurance is not
4
equivalent to an "abstract of title." RCW 48.29.010(3)(a) (" ... An abstract of title is not a title
5
policy as defined in this subsection.") and RCW 48.29.010(3)(f) (" ... The [policy] reports are
6
not abstracts of title, nor are any of the rights, duties, or responsibilities applicable to the
7
preparation and issuance of an abstract of title applicable to the issuance of any report.").
8
9
10
Plaintiffs' argument that the statutory definition only applies for purposes of the Title Insurers
Act actually works against them, as the Commitment for Title Insurance they filed is from a
11
title insurer, to whom the Act applies. Therefore, a title insurer preparing a Commitment for
12
Title Insurance would know, based on the statute, that it need not prepare the insurance
13
14
certificate with the same considerations that would be required for an abstract of title (which
purports to be a comprehensive record of all conveyances, instruments, and documents in the
15
chain of title for the property at issue) because the two documents are materially different.
16
Plaintiffs' additional argument that RCW 65.04.140 includes the term "abstract of
17
18
title" does not avail Plaintiffs, either. The cited statute addresses the Auditor's duties and
19
confirms that the Auditor is the custodian of records and must make those records available
20
to any individual attempting to construct the complete chain of title in the process of
21
preparing an abstract of title. This is far different than an insurance certificate that merely
22
attempts to address current encumbrances on a parcel and insure against others that may be
23
24
25
26
unknown. Nothing in the statute cited by Plaintiffs even remotely suggests that the abstract
of title mentioned is the same as a certificate of title insurance.
REPLY ON SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR TRANSFER OF VENUE 2
Snohomish County
Prosecutior, Attorney- Civil Division
Robert Drewel Bldr,., 810 Floor, M/S 504
3000 Rockefe lier Ave
Everett, Washington 98201-4060
(425)388-6330 Fax: (425)388-6333 ·
SkCSC #18-2-01234-29
Page 3365
12/20/2018
Because of the significant differences between the title insurance commitment
2
Plaintiffs provided and the required abstract of title, Plaintiffs have failed to trigger the
3
County's duties under the Torrens Act and their cause of action is premature. The Court
4
should dismiss Plaintiffs' claims under the Torrens Act.
5
6
2. Snohomish County is the only proper venue for this action because Plaintiffs
have sued Snohomish County officials, which invokes a mandatory venue
statute.
7
If the Court does not dismiss this action, it must transfer all claims to Snohomish
8
9
County. Eubanks v. Brown, 180 Wn.2d 590, 600, 327 P.3d 635 (2014), holds that in a suit
10
against a county officer and the county itself, the mandatory ven'4e statute for suits against
11
public officers controls. Plaintiffs make no attempt to dispute this holding. Instead, Plaintiffs
12
misread RCW 4.12.020(2) and assert that the mandatory venue statute involving "a public
13
14
officer" does not apply at all, because their lawsuit includes claims against "several public
officer defendants from different counties[.]" Resp. at 1 (emphasis added). Unsurprisingly,
15
Plaintiffs cite no authority at all for this proposition. Reading RCW 4.12.020(2) to only apply
16
17
when just officers from one county are named as defendants is absurd because it limits,
18
without authority, the right of a public officer to be sued in the county where his or her acts
19
are performed. This is an absurd result, which the court is directed to avoid. See State v.
20
J.P., 149 Wn.2d 444, 450, 69 P.3d 318 (2003) (reading that produces absurd results must
21
be avoided because '"it will not be presumed that the legislature intended absurd results."')
22
(quoting Statev. Delgado, 148 Wn.2d 723,733, 63 P.3d 792 (2003) (Madsen, J., dissenting)).
23
24
25
26
Plaintiffs claim that the only way they could have complied with RCW 4.12.020(2)
would have been to commence two suits in separate counties (Snohomish and Thurston), so
REPLY ON SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR TRANSFER OF VENUE 3
SkCSC #18-2-01234-29
Page 3366
Snohomish County
Prosecuting Attorney- Civil Division
Robert Drewel Bldg., s•• Floor, MIS 504
3000 Rockefeller Ave
Eve~tt, Washington 98201-4060
(425)388-6330 Fax: (425)388-6333
12/20/2018
that they could obtain proper venue for both the County officers and State officers. Resp. at
2
I. But that is not correct. By following the mandatory venue statute and bringing their claims
3
in Snohomish County, venue would have also been proper as to the State because of the
4
Snohomish County officers' residence in Snohomish County (RCW 4.12.025), because of
5
the residence of Plaintiffs in Snohomish County (RCW 4.92.010), and because Snohomish
6
County is the location of the real property in question (RCW 4.92.010, RCW 4.12.010(1)). 2
7
While the individual State officers could insist on venue in Thurston County for claims
8
9
regarding their official acts, the State appears to waive this particular objection by joining in
10
the County's motion to transfer venue to Snohomish County. See State Defs.' Joinder in
11
Snohomish County's Mot. to Dismiss and Mot. to Change Venue at 3.
12
13
14
Plaintiffs next attempt to cast RCW 36.01.050, the permissive county venue statute,
as the only statute that applies. As can be seen above, that is not correct. And using Plaintiffs'
own logic, RCW 36.01 .050 itself does not apply because they have sued more than just
15
Snohomish County (i.e., the State) and the permissive venue statute regarding suits against
16
17
"any county" would not apply to a suit that also includes the State and/or State officers. 3
18
Yet the Court need not get bogged down in attempting to apply Plaintiffs' incorrect
19
reading of the statutes, because Plaintiffs have not actually alleged any actions by Snohomish
20
County itself that exist apart from the acts of the individual officers. Because of this, the
21
permissive venue statute relating to general claims against counties is irrelevant. Plaintiffs
22
23
2
24
25
26
Plaintiffs' arguments in their Response completely fail to address the mandatory venue statute that also
requires this case to be brought in Snohomish County because that is the location of the real property at issue.
SeeRCW 4.12.010(1).
3 Plaintiffs also defeat their own argument by admitting that they have sued "several public officer defendants
from different counties[,]" despite later claiming (in an attempt to invoke RCW 36.01.050) that they "are only
suing one county, i.e. Snohomish County[.]" Resp. at 2 (emphasis added).
REPLY ON SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR TRANSFER OF VENUE.
4
:
SkCSC # 18-2-01234-29
Page 3367
Snohomish County
Prosecuting Attorney - Civil Division
Robert Drewel Bldg., 8th Floor, M/S 504
3000 Rockefeller Ave
Everett, Washington 98201-4060
(425)388-6330 Fax: (425)388-6333
12/20/2018
name the County as a defendant. Compl.
2
,r
1.2. But all of the actions they allege were
undertaken by the individual officers to whom the mandatory venue statute applies. See
3
Compl. ,r 3.10 (" ... Snohomish County officials and Defendant Judges have also unlawfully
4
refused to comply with those duties ... ); ,r 3.11 ("Defendant Judges failed to create rules and
5
instructions ... ");
6
,r 3.13
(" ... the Auditor as registrar has not at any time material hereto
provided a bond .... The clerk of the court has not created the 'land registration docket' ... ").
7
Since all of these allegations touch on the officers' duties of their respective offices, there are
8
9
10
no free-standing claims against the County that would raise the permissive venue statute.
Even if there were, the officers are entitled to have the claims against them transferred
11
separately to Snohomish County. See Roy v. City ofEverett, 48 Wn. App. 369, 371-372, 738
12
P.2d 1090 (1987).
13
14
Plaintiffs' final attempt to avoid the mandatory venue statute rests on the assertion
that no Snohomish County judge could be impartial in this case because they are all named
15
as defendants. As a threshold matter, Plaintiffs are incorrect in their belief that they have sued
16
17
all of the County's judges. The Court may certainly take judicial notice that Plaintiffs have
18
not named recently-appointed Judge Edirin Okoloko and Judge ·Paul Thompson in their
19
Complaint. See attached notices from Governor Jay Inslee. Even if Plaintiffs intend to
20
ultimately name every judge in Snohomish County, the Snohomish County Superior Court
21
has the authority to invite a visiting judge to oversee the case. See RCW 2.08.150.
22
Plaintiffs' ultimate goal, however, is to posture the case such that no judge in any
23
24
25
26
county of the State can hear it. They claim that no judge from any county that has failed to
follow the Torrens Act may hear the case. Resp. at 4. Conveniently for Plaintiffs, their
REPLY ON SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR TRANSFER OF VENUE -
s
Snohomish County
Prosecuting Attorney- Civil Division
Robert Drewel Bldg., 8" Floor, MIS 504
3000 Rockefeller Ave
Everett, Washington 98201-4060
(425)388-6330 Fax: (425)388-6333
SkCSC #18-2-01234-29
Page 3368
12/20/2018
counsel's "expert" on the Torrens Act (who, as discussed above, is also an employee of
2
counsel's law firm), has declared that no county in the State has complied with the Act. See
3
Deel. of Micah Anderson ,r 7. While the remainder of Plaintiffs' due process arguments could
4
conceivably support their assertion that a Snohomish County judge may have some potential
5
bias in this case by virtue of being a defendant, Plaintiffs make no showing - nor can they -
6
that a visiting judge from a different county would suffer the same bias simply because he or
7
she came from a county that allegedly does not follow the Torrens Act.
8
9
10
3. Plaintiffs' request for an extension of time is unwarranted in light of their
substantive response to all of the Defendants' motions.
Plaintiffs have also filed an Emergency Motion for Extension of Time, which the
11
Court should reject. Plaintiffs' counsel, in his declaration, discusses "several life threatening
12
13
maladies." Deel. of Scott Stafne in Supp. of Opp'n to Mot. to Dismiss and Transfer Venue
14
and in Supp. of Pls.' Mot. for Continuance ,r 13. Despite his alleged limitations, counsel for
15
Plaintiffs managed to draft a five-page substantive response to the County's motion, a 27-
16
page substantive response to the motions by the State and Defendant Quality Loan Service
17
Corporation of Washington, and a six-page personal declaration (not to mention coordinating
18
the preparation and filing of three additional declarations). Although the standard calendar
19
for dispositive motions in Skagit County is only nine days total from motion to hearing,
20
21
Plaintiffs had two full weeks just to respond to the moving papers filed by the County and
22
State. Based on this, the County believes that Plaintiffs have been given sufficient opportunity
23
to address the merits of these motions and no more time is necessary.
24
25
26
If counsel's medical condition is as dire as represented, it appears that a one-time
extension would ultimately do little to address the ongoing nature of his infirmities and assist
REPLY ON SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR TRANSFER OF VENUE 6
SkCSC #18-2-01234-29
Page 3369
Snohomish County
Prosecuting Attorney - Civil Division
Robert Drewel Bldg., 8'" Floor, MIS 504
3000 Rockefeller Ave
Everett, Washington 98201-4060
(425)388-6330 Fax: (425)388-6333
12/20/2018
in the prompt resolution of this case. To the extent counsel truly believes that "[b ]oth this
2
Court and my clients deserve better than I can give right now[,]" the appropriate course of
3
action is not to subject Defendants to an ongoing series of delays of uncertain frequency and
4
duration, but for counsel to fulfill his ethical obligation to transfer the representation to an
5
attorney who can provide competent representation. RPC 1.16. All of the parties, not just
6
Defendants, are entitled to the "just, speedy, and inexpensive determination" of this action.
7
CR 1. The issues of whether the case should be dismissed because Plaintiffs have failed to
8
9
state a cause, of action that entitles them to relief by, among other things, not fulfilling their
10
statutory obligation under the Torrens Act and whether venue of any surviving claims should
11
be transferred to Snohomish County are fully briefed and ripe for decision.
12
DATED this 18th day of December 2018.
13
MARKK.ROE
Snohomish County Prosecuting Attorney
14
15
~!/_
By:
LYND~OWNS, WSBA#37453
GEOFFREY A. ENNS, WSBA #40682
Deputy Prosecuting Attorneys
Attorneys for Defendant Snohomish County,
Carolyn Weikel, and Sonya Kraski
16
17
18
19
20
MARKK.ROE
21
22
By\.L.:=---,.....,..,e__::~-------SARA J. DI VITTORIO, WSBA #33003
Deputy Prosecuting Attorneys
Attorneys for Defendant Judges Appel,
Bowden, Dingledy, Ellis, Fair, Farris, Judge,
Krese, Kurtz, Langbehn, Larsen, Lucas,
Okrent, Weiss, and Wilson
23
24
25
26
REPLY ON SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR TRANSFER OF VENUE 7
SkCSC #18-2-01234-29
Page 3370
Snohomish County
Prosecuting Attorney - Civil Division
Robert Drewel Bldg., s•• Floor, MIS 504
3000 Rockefeller Ave
Everett, Washington, 98201-4060
(425)388-6330 Fax: (425)388-6333
12/20/2018
DECLARATION OF SERVICE
2
I, Cynthia Ryden, hereby declare that I am an employee of the Civil Division of the
3
Snohomish County Prosecuting Attorney, and that on this day I caused to be delivered Reply
4
on Snohomish County Defendants' Motion to Dismiss and for Transfer of Venue on the
5
following parties by the method(s) indicated:
6
7
8
9
Scott E. Stafne, WSBA #6964
Stafne Law - Advocacy & Consulting
239 N. Olympic Avenue
Arlington, WA 98223
Attorney for Plaintiffs
(8J E-Mailed:
[email protected]
LeeAnn(a),stafnelaw .com
[email protected]
Robert W. McDonald, WSBA #43842
Quality Loan Service Corp.
108 1st Ave. S, Suite 202
Seattle, WA 98104
Attorney for Defendant Quality Loan
Service Corp.
(8J E-Mailed:
[email protected]
R. July Simpson, WSBA 45869
Alicia 0. Young, WSBA # 35553
Attorney General of Washington
Complex Litigation Division
7141 Cleanwater Drive SW
Olympia, WA 98504-0111
(8JE-Mailed:
[email protected];
AliciaO@atg. wa. gov;
[email protected]
[email protected]
10
11
D Facsimile:
r8J U.S. Mail, 1st Class, postage prepaid
D Hand Delivery
D Messenger Service
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D Facsimile:
r8J U.S. Mail, 1st Class, postage prepaid
D Hand Delivery
D Messenger Service
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D Facsimile:
r8J U.S. Mail, 1st Class, postage prepaid
D Hand Delivery
D Messenger Service
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REPLY ON SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR TRANSFER OF VENUE 8
'
SkCSC #18-2-01234-29
Page 3371
Snohomish County
Prosecuting Attorney- Civil Division
Robert Drewel Bldg., s•• Floor, MIS S04
3000 Rockefeller Ave
Everett, Washington 98201-4060
(425)388-6330 Fax: (425)388-6333
12/20/2018
2
3
4
5
6
7
8
9
D. Jeffrey Courser, WSBA #15466
KC Harding, WSBA #51291
Stoel Rives LLP
760 SW Ninth Avenue, Suite 3000
Portland, OR 97205
Attorney for Defendants Deutsche
Bank National Trust Company;
Deutsche Bank National Trust
Company as trustee for Morgan
Stanley ABS Capital I Inc. Trust 2007HE2 Mortgage Pass Through
Certificates, Series 2007; Morgan
Stanley ABS Capital I Inc. Trust 2007HE2; Select Portfolio Servicing, Inc.;
and Mortgage Electronic Recording
System; Inc.
IZJ E-Mailed:
[email protected]
[email protected]
[email protected]
[email protected]
D Facsimile:
IZJ U.S. Mail, 1st Class, postage prepaid
D Hand Delivery
D Messenger Service
10
11
12
13
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I certify under penalty of perjury under the laws of the state of Washington that the
foregoing is true and correct.
DATED this 18th day of December, 2018 at Everett, Washington.
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REPLY ON SNOHOMISH COUNTY DEFENDANTS'
MOTION TO DISMISS AND FOR TRANSFER OF VENUE 9
SkCSC #18-2-01234-29
Page 3372
Snohomish County
Prosecutin& Attorney - Civil Division
Robert Drewel Bldg., s•h Floor, MIS 504
3000 Rockefeller Ave
Everett, Washington 98201-4060
(425)388-6330 Fax: (425)388-6333
Inslee appoints Edirin Okoloko to Snohomish c1~~,2giierior Court I Governor Jay Inslee
Page 1 of 1
Washington Governor • Jay lnslee
lnslee appoints Edirin Okoloko to Snohomish County Superior Court
September 11 , 2018
Story
Gov. Jay lnslee today appointed Edirin Okoloko to Snohomish County Superior Court. He will replace Judge George Bowden, who is
retiring.
Okoloko has worked for the past 13 years in the Snohomish County Prosecuting Attorney's Office, where he is a deputy prosecuting
attorney working on homicide, sexual assault, child abuse and elder abuse cases. He has also worked in the office's violent crime,
property crime and District Court units, and he represents the office on the Snohomish County Multiple Agency Response Team,
which investigates incidents of suspected excessive force by police officers.
Okoloko has successfully prosecuted four murder trials and has been recognized by his office for completing a high volume of jury
trials. Before working as a prosecutor, Okoloko served as a judicial law clerk for former Snohomish County Superior Court Judge
Michael Downes.
"Edirin has a clear dedication to the legal profession and a successful history of bringing justice to some of our state's most
vulnerable crime victims," lnslee said. "He will be an excellent addition to the bench in Snohomish County."
Born in Nigeria, Okoloko received his law degree from the Seattle University School of Law and a Bachelor of Law from the University
of Benin in Nigeria.
He will begin his new role in October.
Media Contact
Tara Lee
Governor lnslee's Communications Office
360.902.4136
https://www.govemor.wa.gov/news-media/inslee-appoints-edirin-okoloko-snohomish-co .. .
Page 3373
12/17/2018
.
12/20/2018
Inslee appoints Paul Thompson to Snohomish Supenor Court I Governor Jay Inslee
Page 1 of 1
Washington Governor - Jay lnslee
lnslee appoints Paul Thompson to Snohomish Superior Court
December 6, 201 B
Story
Gov. Jay lnslee today appointed Paul Thompson to Snohomish Superior Court. He replaces Judge Ellen Fair who is retiring at the end of the year.
Thompson has spent the past 11 years serving as an attorney at the Snohomish County Public Defender Association. During his time at the Association, he served as a trial
attorney for eight years and as misdemeanor supervisor for nearly three years.
Thompson has also worked as counsel for Defense of Chelan County where he represented dients charged with offenses in both the superior and district courts. He began his
career as a legal intern in Spokane.
He is also the president of the Washington Defender Association and a board member for the Washington Association of Criminal Defense Lawyers.
•Paul Is highly regarded by those who know him and have worked with him. His even and professional temperament, and his sense of justice, will be a fine addition to the
Snohomish County bench,· lnslee said.
Thompson received his law degree from Gonzaga University School of Law and his Bachelor of Arts degree from Eastern washlngton University.
His appointment is effective January 2019.
Media Contact
Tara Lee
Governor lnslee's Communications Office
360.902.4136
https ://www.governor.wa.gov/news-media/inslee-appoints-paul-thompson-snohomish-su...
Page 3374
12/17/2018
12/20/2018
..._,
FIL~:U
SKJ..GIT COUNTY CLERK
SKAGIT COUNTY, WA
2018 OEC 18 PH J: 5.11
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR THE COUNTY OF SKAGIT
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to
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CHRISTOPHER E. LARSON, a married man as his
separate estate, and ANGELA LARSON, a married
woman
Plaintiffs,
v.
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15
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SNOHOMISH COUNTY, a Washington State
Municipal Corporation; CAROLYN WEIKEL
individually and as the SNOHOMISH COUNTY
AUDITOR and Registrar; SONYA KRASKI,
individually and as the SNOHOMISH COUNTY
CLERK; JANE DOE individually and as
SNOHOMISH COUNTY EXAMINER OF TITLES
and LEGAL ADVISOR TO THE REGISTRAR;
SNOHOMISH COUNTY SUPERIOR COURT
JUDGES GEORGE F. APPEL, GEORGE N.
BOWDEN, MARYBETH DINGLEDY, JANICE E.
ELLIS, ELLEN J. FAIR, ANITA L. FARRIS,
MILLIE M. JUDGE, LINDA C. KRESE, DAVID A.
KURTZ, JENNIFER R. LANGBEHN, CINDY A.
LARSEN, ERIC Z. LUCAS, RICHARD T.
OKRENT, BRUCE I. WEISS, and JOSEPH P.
WILSON; THE STATE OF WASHINGTON;
WASHINGTON STATE GOVERNOR JAY INSLEE
in his official capacity; WASHINGTON STATE
ATTORNEY GENERAL ROBERT FERGUSON in
his offici,al capacity as WASHINGTON ATTORNEY
.28
Page 3375
Case No.: 18-2-01234-29
AFFIDAVIT OF PREJUDICE
12/20/2018
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GENERAL; JOHN DOES Successors in interest and
assigns to NEW CENTURY MORTGAGE
COMPANY and MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; DEUTSCHE
BANK NATIONAL TRUST COMPANY;
DEUTSCHE BANK NATIONAL TRUST
COMPANY as trustee for Morgan Stanley ABS
Capital I Inc. Trust 2007- HE2 Mortgage Pass
Through Certificates, Series 2007; MORGAN
STANLEY ABS CAPITAL I INC. TRUST
2007-HE2; QUALITY LOAN SERVICE
CORPORATION OF WASHINGTON, a Washington
Corporation; SELECT PORTFOLIO SERVICING,
INC., a Utah corporation; and MORTGAGE
ELECTRONIC RECORDING SYSTEM, INC., a
Delaware corporation.
Defendants.
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CERTIFICATE OF ELECTRONIC SERVICE
I hereby certify that on this date I served the AFFIDAVIT OF PREJUDICE and the
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DECLARATION OF ANGELA LARSON previously filed today by way of electronic mail to
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the following parties.
For the State of Washington, Governor Jay lnslee, and Attorney General Robert
Ferguson: ·
R. July Simpson, Assistant Attorney General [email protected]
Alicia 0. Young, Assistant Attorney General AliciaO@atg wa gov
Sara Cearley, Legal Assistant [email protected]
Electronic Mailing Inbox [email protected]
For Quality Loan Service Corporation:
Robert McDonald, Attorney at Law rm£donald@QYlllittloan,£PID
For Defendants Snohomish County, Snohomish County Auditor Carolyn Weikel,
Snohomish County Clerk Sonya Kraski, and Snohomish County Examiner of Titles &
Legal Advisors to the Regrar Jane Doe:
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Affidavit of Prejudice
Judge Brian L. Stiles
Page2
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3376
12/20/2018
2
Lyndsey M. Downs, Attorney [email protected]
Geoffrey A. Enns, Attorney Geoffrey,Enns@co snohomish.wa us
Cindy Ryden, Legal Assistant [email protected]
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For Defendants Snohomish County Judges Appel, Bowden, Dingledy, Ellis, Fair,
Farris, Judge, Krese, Kurtz, Langbehn, Larsen, Lucas, Okrent, Weiss, and Wilson:
Sara J. DiVittorio, Attorney sara.di.vittorio@co.:mohomish,wa us
For Defendants Deutsche Bank National Trust Company, Deutsche Bank National
Trust Company as trustee for Morgan Stanley ABS Capital I Inc. Trust 2007-HE2
Mortgage Pass Through Certificates, Series 2007, Morgan Stanley ABS Capital I Inc.
Trust 2007-HE2, Select Portfolio Servicing, Inc., and Mortgage Electronic Recording
System, Inc.:
D. Jeffrey Courser, Attorney [email protected]
KC Harding, Attorney kc.harding@stoeLcom
Cherie Clark, Legal Assistant [email protected]
[email protected]
Dated the 18th day of December, 2018.
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Affidavit of Prejudice
Judge Brian L. Stiles
Page3
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3377
12/20/2018
...
,., . FJL.&D · ·
:-KAGI T COUNTY CLERK
SKAGIT COUNTY. WA
I
2018 DEC I 8 AH 8: SJ;
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
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FOR THE COUNTY OF SKAGIT
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CHRISTOPHER E. LARSON, a married
man as his separate estate, and ANGELA
LARSON, a married woman
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Case No.: 18-2-01234-29
DECLARATION OF ANGELA
LARSON
Plaintiffs,
V.
SNOHOMISH COUNTY, a
WASHINGTON STATE MUNICIPAL
CORPORATION; CAROLYN WEIKEL
individually as SNOHOMISH COUNTY
AUDITOR; SONYA KRASKI,
individually as SNOHOMISH COUNTY
CLERK; SNOHOMISH COUNTY
SUPERIOR COURT JUDGES GEORGE
F. APPEL; GEORGE N. BOWDEN;
MARYBETH DINGLEDY; JANICE E.
ELLIS; ELLEN J. FAIR; ANITA L.
FARRIS; MILLIE M. JUDGE; LINDA C.
KRESE; DAVID A. KURTZ; JENNIFER
R. LANGBEHN; CINDY A. LARSEN;
ERIC Z. LUCAS, RICHARD T.
OKRENT; BRUCE I. WEISS; and
JOSEPH P. WILSON; STATE OF
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DECLARATION OF ANGELA
LARSON
PAGE I
STAFNELAW
Advocq,c·1/d: Cmritilting
qty-#ipi~ t,;e.11~
Artingte>n(WA. 98223.:
27
239 N
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(360) 403-8700
Page 3378
12/20/2018
..
WASHINGTON; WASHINGTON
STATE ATTORNEY GENERAL
ROBERT FERGUSON; WASHINGTON
STATE GOVERNOR JAY INSLEE;
DEUTSCHE BANK NATIONAL TRUST
COMPANY; DEUTSCHE BANK
NATIONAL TRUST COMPANY as
TRUSTEE FOR MORGAN STANLEY
ABS CAPITAL I INC. TRUST 007-HE2
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007;
QUALITY LOAN SERVICE
CORPORATION OF WASHINGTON;
SELECT PORTFOLIO SERVICING,
INC.; MORTGAGE ELECTRONIC
RECORDING SYSTEM, INC;
Defendants.
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II
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and under penalty of perjury under the laws of the State of Washington. I am over 18 years
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of age and of sound mind to make this declaration.
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2.
I, Angela Larson, hereby make the following statement to the best of my knowledge
On November 16th 2018 our family home was supposedly sold back to the purported
beneficiary in a nonjudicial foreclosure sale. Since before, and after, the foreclosure sale
)8
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my husband and I have suffered through several very uncomfortable situations that have
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added to the already existing emotional distress for our family.
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3.
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Roberts from John L. Scott pound loudly on our door and woke our baby. When I opened
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the door he told me that he was sent to our home "by the bank" to see if we were still living
On 11/3/2018 at approximately 10:45 am we had a realtor by the name of Peter
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DECLARATION OF ANGELA
LARSON
PAGE2
~JAF'~L~W
Adiiocacv & Consiiit1ng
:239 ~ Olyi:g.pic A"·enue
27
Arlington}\VA 9S22l
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(360) 403-8700
Page 3379
12/20/2018
in it because it had been foreclosed on. When I assured Mr. Roberts that the purported sale
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was not scheduled until November 16th and that a lawsuit had been filed, he proceeded to
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argue with me that homes are sold behind closed doors and without the homeowners
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s
knowledge all the time and that the bank had sent him and he assured me that the bank now
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owned our home. We reported the incident to the police (incident number #2018-156863)
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and I have attached a picture of the gentleman's business card as Exhibit "A"
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4.
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On November 16th 2018 at approximately 2pm and just hours after the purported sale
we had another agent show up and state they were here on behalf of the bank but promptly
left.
ll
5.
On November 3rd we received an invoice from the Snohomish County Planning
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Department for one thousand dollars but the invoice did not state what it was for. The
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invoice is attached as Exhibit B. In addition to the invoice, on November 20th at
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approximately 10:45 we had the Snohomish County animal control parked across from our
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house for about 45 minutes. When my husband left, the driver sat there for an additional
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I 0-15 minutes until the driver saw me watching them through our front window and they
left. Then the driver returned approximately 30 minutes later and parked in the same exact
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spot and remained there for an additional 15-20 minutes and then left again. Our home is
located in a private gated community and there are no houses across from ours. Only the
community park and lake.
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DECLARATION OF ANGELA
LARSON
PAGE3
=~, STAFNELAW
. .
. --~. /
.
~
Advix:acv&:. C/;Wting
:239N C>iym:pif Ave11ue
Arlington; wi 9it223
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(J<i0),~03.;8700
Page 3380
12/20/2018
6.
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On the evening of December 11th we were served with a notice to vacate our home
which is attached as Exhibit C.
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7.
The current conditions have caused an overwhelming amount of stress for my
s
husband and I. Under the current circumstances we have felt harassed, stalked, and that our
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home doesn't feel like home anymore.
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I declare under penalty of perjury under the laws of the state of Washington that the
foregoing is true and correct.
lO
1J
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SIGNED and dated this 12th day of December 2018 in Arlington, Washington in the
County of Snohomish.
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DECLA.RATION OF ANGELA
LARSON
PAGE4
STAFNELAW
.4,dvocacy& Consulting
27
A;enue
239 N Olympic
Arlington, WA 98223
(360) .403-879~'
28
Page 3381
12/20/2018
FILED
SKAGIT COUNTY CLER~:
SKAGIT COUNTY, WA
2818 DEC 18 AH 8: SJ
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3
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7
FOR THE COUNTY OF SKAGIT
8
9
IO
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CHRISTOPHER E. LARSON, a married man as his
separate estate, and ANGELA LARSON, a married
woman
Plaintiffs,
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v.
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SNOHOMISH COUNTY, a Washington State
Municipal Corporation; CAROLYN WEIKEL
individually and as the SNOHOMISH COUNTY
AUDITOR and Registrar; SONYA KRASKI,
individually and as the SNOHOMISH COUNTY
CLERK; JANE DOE individually and as
SNOHOMISH COUNTY EXAMINER OF TITLES
and LEGAL ADVISOR TO THE REGISTRAR;
SNOHOMISH COUNTY SUPERIOR COURT
JUDGES GEORGE F. APPEL, GEORGE N.
BOWDEN, MARYBETH DINGLEDY, JANICE E.
ELLIS, ELLEN J. FAIR, ANITA L. FARRIS,
MILLIE M. JUDGE, LINDA C. KRESE, DAVID A.
KURTZ; JENNIFER R. LANGBEHN, CINDY A.
LARSEN, ERIC Z. LUCAS, RICHARD T.
OKRENT, BRUCE I. WEISS, and JOSEPH P.
WILSON; THE STATE OF WASHINGTON;
WASHINGTON STATE GOVERNOR JAY INSLEE
in his official capacity; WASHINGTON STATE
ATTORNEY GENERAL ROBERT FERGUSON in
his official capacity as WASHINGTON ATTORNEY
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Page 3382
Case No.: 18-2-01234-29
AFFIDAVIT OF PREJUDICE
12/20/2018
GENERAL; JOHN DOES Successors in interest and
assigns to NEW CENTURY MORTGAGE
COMPANY and MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; DEUTSCHE
BANK NATIONAL TRUST COMPANY;
DEUTSCHE BANK NATIONAL TRUST
COMPANY as trustee for Morgan Stanley ABS
Capital I Inc. Trust 2007- HE2 Mortgage Pass
Through Certificates, Series 2007; MORGAN
STANLEY ABS CAPITAL I INC. TRUST
2007-HE2; QUALITY LOAN SERVICE
CORPORATION OF WASHINGTON, a Washington
Corporation; SELECT PORTFOLIO SERVICING,
INC., a Utah corporation; and MORTGAGE
ELECTRONIC RECORDING SYSTEM, INC., a
Delaware corporation.
Defendants.
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I. AFFIDAVIT OF PREJUDICE
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1.
My name is Scott Stafne. I am the attorney for the Plaintiffs in the above matter. I make
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this Declaration of Prejudice pursuant RCW 4.12.040 and RCW 4.12.050.
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2.
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I have reason to believe that the Plaintiffs cannot have a fair and impartial hearing before
Judge Brian L. Stiles by reason of prejudice.
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I respectfully move the Court for an Order to disqualify judge Brian L. Stiles from this
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matter pursuant to RCW 4.12.040 and RCW 4.12.050.
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4.
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RCW 2.28.030. This provision states in its entirety:
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I have fUed this affidavit to disqualify Judge Stiles pursuant to the above provisions and
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A judicial officer is a person authorized to act as a judge in a court of justice.
Such officer shall not act as such in a court of which he or she is a member in any
of the following cases:
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(]) In an action, suit, or proceeding to which he or she is a party, or in which he
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Affidavit of Prejudice
Judge Brian L. Stiles
Page2
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3383
12/20/2018
or she is directly interested.
(2) When he or she was not present and sitting as.a member of the court at the
hearing of a matter submitted for its decision.
(3) When he or she is related to either party by consanguinity or affinity within
the third degree. The degree shall be ascertained and computed by ascending from
the judge to the common ancestor and descending to the party, counting a degree
for each person in both lines, including the judge and party and excluding the
common ancestor.
(4) When he or she has been attorney in the action, suit, or proceeding in question
for either party; but this section does not apply to an application to change the
place of trial, or the regulation of the order of business in court.
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In the cases specified in subsections (3) and (4) of this section, the
disqualification may be waived by the parties, and except in the supreme court
and the court of appeals shall be deemed to be waived unless an application for a
change of the place of trial be made as provided by law.
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The Plaintiffs in this action assert that disqualification pursuant to RCW 2.28.030
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is mandatory.
5.
If Judge Stiles does not disqualify himself based on RCW 2.28.030 then Plaintiffs
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ask that he be disqualified pursuant to RCW 4.12.040 and RCW 4.12.050.
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
Signed in Arlington, Washington this 17th day of December 2018.
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By:
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cs ~ fi;x.
WSBA#
STAFNELAW
Advocacy & Consulting
239 N Olympic Avenue
Arlington, WA 98223
(360) 403-8700
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Affidavit of Prejudice
Judge Brian L. Stiles
Page3
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3384
12/20/2018
..
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SUBSCRIBED AND SWORN TO before me on this 17th day of December, 2018.
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the State of Washington
Residing at Arlington, Washington
My commission expires: October 11, 2021
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Affidavit of Prejudice
Judge Brian L. Stiles
Page4
STAFNE LAW Advocacy & Consulting
239 Olympic A venue
Arlington, WA 98223
(360) 403-8700
Page 3385
12/20/2018
CERTIFICATE OF ELECTRONIC SERVICE
2
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I hereby certify that on this date I served the foregoing, AFFIDAVIT OF PREJUDICE
and the DECLARATION OF ANGELA LARSON by way of electronic mail to the following
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parties.
For the State of Washington, Governor Jay Inslee, and Attorney General Robert
Ferguson:
R. July Simpson, Assistant Attorney General [email protected] gov
9
Alicia 0. Young, Assistant Attorney General [email protected]
Sara Cearley, Legal Assistant SaraC2@atg,wa.gov
Electronic Mailing Inbox ComCEC@atg wa.goy
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For Quality Loan Service Corporation:
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Robert McDonald, Attorney at Law rmcgonald@g:i.rnJi:tyloan.cQm
For Defendants Snohomish County, Snohomish County Auditor Carolyn Weikel,
Snohomish County Clerk Sonya Kraski, and Snohomish County Examiner of Titles &
Legal Advisors to the Regrar Jane Doe:
Lyndsey M. Downs, Attorney Ly:ndsey.downs@cQ snQhomish wa us
Geoffrey A. Enns, Attorney Geoffrt;y Enns@co,snohomish.wa us
Cindy Ryden, Legal Assistant [email protected],wa.us
For Defendants Snohomish County Judges Appel, Bowden, Dingledy, Ellis, Fair,
Farris, Judge, Krese, Kurtz, Langbehn, Larsen, Lucas, Okrent, Weiss, and Wilson:
Sara J. DiVittorio, Attorney [email protected]
For Defendants Deutsche Bank National Trust Company, Deutsche Bank National
Trust Company as trustee for Morgan Stanley ABS Capital I Inc. Trust 2007-HE2
Mortgage Pass Through Certificates, Series 2007, Morgan Stanley ABS Capital I Inc.
Trust 2007-HE2, Select Portfolio Servicing, Inc., and Mortgage Electronic Recording
System, Inc.:
D. Jeffrey Courser, Attorney jeffrey [email protected]
KC Harding, Attorney kc [email protected]
Cherie Clark, Legal Assistant cherie [email protected]
[email protected]
Dated the 18th day of December, 2018.
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By: _ _ _ _ _ _ _ _ __
Lee Ann Halpin, Paralegal
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Affidavit of Prejudice
Judge Brian L. Stiles
Page5
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-R700
Page 3386
12/18/2018
f IL.SU
SKAGIT COU:HTY CLERK
SKAGIT COUNTY.
1
WA
2tn 8DEC l 7 AH llJ; 3,a;
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR SKAGIT COUNTY
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CHRISTOPHER E. LARSON, and
ANGELA LARSON,
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Plaintiffs,
No. 18-2-01234-29
MOTION FOR JOINDER OF THE
TRUST, SPS, AND MERS IN
MOTIONS TO DISMISS
V.
SNOHOMISH COUNTY et al.
Defendants.
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Deutsche Bank National Trust Company; Deutsche Bank National Trust Company as
16
trustee for Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass Through
17
Certificates, Series 2007; and Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 (collectively,
18
the "Trust"), Select Portfolio Servicing, Inc. ("SPS"); and Mortgage Electronic Recording
19
System, Inc. ("MERS") hereby moves to join in the Motions for Dismissal and Motions for
20
Transfer of Venue filed by the Snohomish County Defendants and the State Defendants, as well
21
as the Motion to Dismiss filed by Defendant Quality Loan Service Corporation of Washington ·
22
("Quality Loan"). The arguments, authority, and evidence offered in these motions also apply to
23
the claims asserted against the Trust, SPS, and MERS, including but not limited to those
24
concerning the application of the Torrens Act, the constitutionality of the Deeds of Trust Act, the
25
futility of Plaintiffs' securitization arguments, the propriety of the foreclosure notices sent in this
26
case, and the non-applicability of the Consumer Protection Act and the Fair Debt Collection
MOTION FOR JOINDER OF THE TRUST, SPS, AND MERS IN MOTIONS TO
DISMISS- 1
STOEL RIVES LLP
ATTORNEYS
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.}}q_JJBO
99514438.3 0052161-06494
Page 3387
1
Practices Act. The Trust, SPS, and MERS also join in Quality Loan's request for judicial notice.
2
To the extent any prejudice is caused by the timing of this joinder, 1 the Trust, SPS, and MERS
3
do not object to an extended briefing schedule to allow more time to respond.
4
Based upon the foregoing, defendants the Trust, SPS and MERS respectfully request the
5
court allow them to join in the Motions for Dismissal and Motions for Transfer of Venue filed by
6
the Snohomish County Defendants and the State Defendants, as well as the Motion to Dismiss
7
filed by Defendant Quality Loan Service Corporation of Washington.
8
DATED: December 14, 2018.
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D. Jeffrey Courser, WSBA No. 15466
KC Harding, WSBA No. 51291
j [email protected]
[email protected]
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Of Attorneys for Defendants Deutsche Bank National
Trust Company; Deutsche Bank National Trust
Company as trustee for Morgan Stanley ABS Capital I
Inc. Trust 2007-HE2 Mortgage Pass Through
Certificates, Series 2007; Morgan Stanley ABS Capital I
Inc. Trust 2007-HE2; Select Portfolio Servicing, Inc.;
and Mortgage Electronic Recording System, Inc.
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1
The Trust, SPS, and MERS were not provided with notice of the Motions for Dismissal and only recently found out
about the same. Counsel filed this joinder as soon as practicable but does not add any further substantive argument
on any of the claims at this time, in an attempt to alleviate any potential prejudice to Plaintiffs. Counsel also
respectfully requests that all future pleadings be served on the undersigned, pursuant to the Notice of Appearance
filed in this action on November 14, 2018.
MOTION FOR JOINDER OF THE TRUST, SPS, AND MERS IN MOTIONS TO
DISMISS-2
STOEL RIVES LLP
ATTORNEYS
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.224.3380
99514438.3 0052161-06494
Page 3388
1
CERTIFICATE OF SERVICE
2
I hereby certify that I served the foregoing MOTION FOR JO INDER OF THE
TRUST, SPS, AND MERS IN MOTIONS TO DISMISS on the following named person(s) on
the date indicated below by
3
4
5
6
7
00 mailing with postage prepaid
•
•
•
hand delivery
facsimile transmission
overnight delivery
00 email
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9
10
to said person(s) a true copy thereof, contained in a sealed envelope if by mail, addressed to said
person(s) at his or her last-known address, and email, at the email address, indicated below.
13
Scott E. Stafne, WSBA No. 6964
Stafne Law
239 N. Olympic Avenue
Arlington, WA 98223
[email protected]
[email protected]
[email protected]
14
Attorney for Plaintiffs
15
Robert McDonald, WSBA No. 43842
Quality Loan Service Corporation of Washington
108 1st Avenue South, Suite 202
Seattle, WA 98104
[email protected]
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Attorney for Defendant Quality Loan Service Corporation of
Washington
Sara J. DiVittorio
Snohomish County Prosecutors - Civil Division
3000 Rockefeller A venue, MS 504
Everett, WA 98201
[email protected]
Attorney for Defendants Snohomish County Judges Appel, Bowden,
Dingledy Ellis, Fair, Farris, Judge, Krese, Kurtz, Langbehn, Larsen,
Lucas, Okrent, Weiss, and Wilson
25
26
CERTIFICATEOF SERVICE- 1
STOEL RIVES LLP
ATTORNEYS
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.114.3380
99514438.3 0052161-06494
Page 3389
1
2
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6
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8
9
10
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Lyndsey M. Downs
Geoffrey A. Enns
Snohomish County Prosecutors - Civil Division
3000 Rockefeller A venue, MS 504
Everett, WA 98201
[email protected]
[email protected]
[email protected]
Attorneys for Defendants Snohomish County, Snohomish County Auditor
Carolyn Weikel, Snohomish County Clerk Sonya Kraski, and Snohomish
County Examiner of Titles & Legal Advisors to the Registrar Jane Doe
R. July Simpson, WSBA #45869
Alicia 0. Young, WSBA #35553
Assistant Attorney Generals
Office of the Attorney General of Washington
Complex Litigation Division
7141 Cleanwater Drive SW
P.O. Box 40111
Olympia, WA 98504-0111
12
[email protected] A.GOV
13
[email protected]
[email protected]
[email protected]
14
15
16
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Attorneys for Defendants State a/Washington,
Governor Jay Ins lee, and Attorney General
Robert Ferguson
DATED: December 14, 2018.'
18
D. Jef ey C ser, WSBA No. 15466
[email protected]
19
Of Attorneys for Defendants Deutsche Bank
20
National Trust Company; Deutsche Bank
National Trust Company as trustee for Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2
Mortgage Pass Through Certificates, Series 2007;
Morgan Stanley ABS Capital I Inc. Trust 2007HE2; Select Portfolio Servicing, Inc.; and
Mortgage Electronic Recording System, Inc.
21
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CERTIFICATE OF SERVICE- 2
STOEL RIVES LLP
ATTORNEYS
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
99514438.3 0052161-06494
Telephone 50J.22•.JJ80
Page 3390
12/18/2018
FiLl:.U
SKAGIT COUHTY CLERK
SKAGIT COUNTY, WA
1
18180EC 11 AH;: 3~
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3
4
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6
7
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR SKAGIT COUNTY
CHRISTOPHER E. LARSON, and
ANGELA LARSON,
Plaintiffs,
10
NOTICE OF ASSOCIATION OF
COUNSEL
v.
11
A
No. 18-2-01234-29
12
SNOHOMISH COUNTY et al.
13
Defendants.
14
15
TO:
CLERK OF THE COURT
16
AND TO:
Plaintiffs and their attorney of record Scott E. Stafne
17
AND TO:
Defendant Quality Loan Service Corporation of Washington and its attorney of
record Robert McDonald
AND TO:
Defendants State of Washington, Governor Jay Inslee, and Attorney General
Robert Ferguson and their attorneys of record R. July Simpson and Alicia 0.
Young
AND TO:
Defendants Snohomish County, Snohomish County Auditor Carolyn Weikel,
Snohomish County Clerk Sonya Kraski, and Snohomish County Examiner of
Titles & Legal Advisors to the Registrar Jane Doe and their attorneys of record
Lyndsey M. Downs and Geoffrey A. Enns
AND TO:
Defendants Snohomish County Judges Appel, Bowden, Dingledy Ellis, Fair,
Farris, Judge, Krese, Kurtz, Langbehn, Larsen, Lucas, Okrent, Weiss, and Wilson
and their attorney of record Sara J. DiVittorio
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NOTICE OF ASSOCIATION OF COUNSEL - 1
12/18/2018
STOEL RIVES LLP
ATTORNEYS
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.22•.3380
99513585.2 0052161-06494
Page 3391
12/18/2018
1
PLEASE TAKE NOTICE that KC Harding is hereby associated as an additional attorney
2
ofrecord for defendants Deutsche Bank National Trust Company; Deutsche Bank National Trust
3
Company as trustee for Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass
4
Through Certificates, Series 2007; Morgan Stanley ABS Capital I Inc. Trust 2007-HE2; Select
5
Portfolio Servicing, Inc.; and Mortgage Electronic Recording System, Inc. KC Harding should
6
be copied on all further pleadings and papers at the email address below.
7
DATED: December 14, 2018.
STOEL RIVES LLP
8
9
D. Jeffrey Courser, WSBA No. 15466
[email protected]
KC Harding, WSBA No. 51291
[email protected]
10
11
Of Attorneys for Defendants Deutsche Bank National
Trust Company; Deutsche Bank National Trust
Company as trustee for Morgan Stanley ABS Capital I
Inc. Trust 2007-HE2 Mortgage Pass Through
Certificates, Series 2007; Morgan Stanley ABS Capital I
Inc. Trust 2007-HE2; Select Portfolio Servicing, Inc.;
and Mortgage Electronic Recording System, Inc.
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NOTICE OF ASSOCIATION OF COUNSEL - 2
STOEL RIVES
LLP
ATTORNEYS
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
99513585.2 0052161-06494
Telephone 503.21•.3380
Page 3392
12/18/2018
1
2
3
4
CERTIFICATE OF SERVICE
I hereby certify that I served the foregoing NOTICE OF ASSOCIATION OF
COUNSEL on the following named person(s) on the date indicated below by
~
mailing with postage prepaid
5
D
hand delivery
6
D
facsimile transmission
7
D
overnight delivery
8
!!I email
9
to said person(s) a true copy thereof, contained in a sealed envelope if by mail, addressed to said
10
person(s) at his or her last-known address, and email, at the email address, indicated below.
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Scott E. Stafne, WSBA No. 6964
Stafne Law
239 N. Olympic Avenue
Arlington, WA 98223
[email protected]
[email protected]
[email protected]
Attorney for Plaintiffs
Robert McDonald, WSBA No. 43842
Quality Loan Service Corporation of Washington
108 1st Avenue South, Suite 202
Seattle, WA 98104
[email protected]
Attorney for Defendant Quality Loan Service Corporation of
Washington
Sara J. DiVittorio
Snohomish County Prosecutors - Civil Division
3000 Rockefeller A venue, MS 504
Everett, WA 98201
[email protected]. wa. us
Attorney for Defendants Snohomish County Judges Appel, Bowden,
Dingledy Ellis, Fair, Farris, Judge, Krese, Kurtz, Langbehn, Larsen,
Lucas, Okrent, Weiss, and Wilson
26
CERTIFICATEOF SERVICE- 1
STOEL RIVES LLP
ATTORNEYS
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.22q.3380
99513585.2 0052161-06494
Page 3393
12/18/2018
1
2
3
4
5
6
7
8
9
10
11
12
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14
15
16
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Lyndsey M. Downs
Geoffrey A. Enns
Snohomish County Prosecutors - Civil Division
3000 Rockefeller A venue, MS 504
Everett, WA 9820 l
[email protected]
[email protected]
[email protected]
Attorneys for Defendants Snohomish County, Snohomish County Auditor
Carolyn Weikel, Snohomish County Clerk Sonya Kraski, and Snohomish
County Examiner of Titles & Legal Advisors to the Registrar Jane Doe
R. July Simpson, WSBA #45869
Alicia 0. Young, WSBA #35553
Assistant Attorney Generals
Office of the Attorney General of Washington
Complex Litigation Division ·
7141 Cleanwater Drive SW
P.O. Box 40111
Olympia, WA 98504-0111
RJulyS@A TG.WA.GOV
[email protected]
[email protected]
[email protected]
Attorneys for Defendants State of Washington,
Governor Jay Ins lee, and Attorney General
Robert Ferguson
DATED: December 14, 2018.
18
[email protected]
19
Of Attorneys for Defendants Deutsche Bank
National Trust Company; Deutsche Bank
National Trust Company as trustee for Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2
Mortgage Pass Through Certificates, Series 2007;
Morgan Stanley ABS Capital I Inc. Trust 2007HE2; Select Portfolio Servicing, Inc.; and
Mortgage Electronic Recording System, Inc.
20
21
22
23
24
25
26
CERTIFICATE OF SERVICE - 2
STOEL RIVES LLP
ATTORNEYS
760 SW Ninth Avenue, Suite 30001 Portland, OR 97205
Telephone 503.22•.3380
99513585.2 0052161-06494
Page 3394
12/14/2018
.:
~
r·1u:J.J .
r,
''Kf\G\T COUNTY CLEir. ~ SKAGIT COUHTY, Wf'..
2tt8 OEC l l+ AM '- OG
4
5
6
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR THE COUNTY OF SKAGIT
8
9
10
73
CHRISTOPHER E. LARSON, a married
man as his separate estate, and ANGELA
LARSON, a married woman
11
12
Plaintiffs,
V.
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14
15
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18
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22
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SNOHOMISH COUNTY, a Washington
· · State Municipal Corporation; CAROLYN
WEIKEL individually and as the
SNOHOMISH COUNTY AUDITOR and
Registrar; SONYA KRASKI, individually
and as the SNOHOMISH COUNTY
CLERK; JANE DOE individually and as
SNOHOMISH COUNTY EXAMINER OF
TITLES and LEGAL ADVISOR TO THE
REGISTRAR; SNOHOMISH COUNTY
SUPERIOR COURT JUDGES GEORGE
F. APPEL, GEORGE N. BOWDEN,
MARYBETH DINGLEDY, JANICE E.
ELLIS, ELLEN J. FAIR, ANITA L.
FARRJS, MILLIE M. JUDGE, LINDA C.
KRESE, DAYID A. KURTZ, JENNIFER
R. LANGBEHN, CINDY A. LARSEN,
ERIC Z. LUCAS, RICHARD T.
OKRENT, BRUCE I. WEISS, and
JOSEPH P. WILSON; THE STATE OF
WASHINGTON; WASHINGTON
STATE GOVERNOR JAY INSLEE in his
official capacity; WASHINGTON STATE
Case No: 18-2-01234-29
DECLARATION OF SCOTT STAFNE
IN SUPPORT OF OPPOSITION TO
MOTIONS TO DISMISS AND
TRANSFER VENUE AND IN
SUPPORT OF PLAINTIFFS'
MOTION FOR CONTINUANCE
28
Page 3395
"•
ATTORNEY GENERAL ROBERT
FERGUSON in his official capacity as
WASHINGTON ATTORNEY
GENERAL; JOHN DOES Successors in
interest and assigns to NEW CENTURY
MORTGAGE COMPANY and
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.;
DEUTSCHE BANK NATIONAL TRUST
COMPANY; DEUTSCHE BANK
NATIONAL TRUST COMPANY as
trustee for Morgan Stanley ABS Capital I
Inc. Trust 2007- HE2 Mortgage Pass
Through Certificates, Series 2007;
MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2007-HE2; QUALITY
LOAN SERVICE CORPORATION OF
WASHINGTON, a Washington
Corporation; SELECT PORTFOLIO
SERVICING, INC., a Utah corporation;
and MORTGAGE ELECTRONIC
RECORDING SYSTEM, INC., a
Delaware corporation.
Defendants.
2
3
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13
)4
15
)6
)7
My name is Scott E. Stafne. I am the attorney for the Larsons in the above-captioned case. I am
18
1.
19
over the age of majority and competent to make this Declaration. I make this declaration as their
20
attorney and/or as a witness based on personal knowledge as appears more fully herein.
21
22
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2.
Prior to filing the complaint in the above-captioned action Stafne Law Advocacy and Consulting
(hereafter referred to as "SLAC") attempted to determine whether Snohomish County had an operational
24
Torrens system, including among other things a Registrar of Title as well as an Examiner of Titles. In
25
doing so we contacted the Superior County Clerks offices and several judges. Copies of these email
26
correspondences are attached hereto as Exhibit A.
27
28
Declaration of Scott Stafne
Page2
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3396
...
3.
Based on these responses, as well as Snohomish County's failure to process the Larsons' Torrens
2
Application, I brought this lawsuit on behalf ofLarsons against Snohomish County, several of its
3
4
officials, and the Snohomish County superior court judges as defendants.
5
4
6
should be dismissed because they have not filed an abstract of title which complies with the definition
7
contained in the Title Insurers statute. Chapter 48.29 RCW. I disagree with this for the reasons set forth
8
In their motion to dismiss the Snohomish County Defendants argue that the Larsons' complaint
in my briefing and below.
9
10
5.
I have talked with numerous experts about what an "abstract of title" is for purposes of
11
complying with the Torrens Act. I have been told that any document which lists the pertinent record in
l2
the auditors relating to the property in question will suffice. Accordingly, I believe the issue of whether
13
the title document prepared by a Title Company qualifies as an abstract of title under the Torrens Act is
14
an issue of fact which should be resolved by the fact finder after a trial because the statutory definition
15
set forth in RCW 48.29.010(3)(a) is only for purposes of the Tide Insurers Act. See briefing.
16
17
6.
The term "abstract of title" is used in other statutes as well. For example, in the statute entitled
18
"Duties of County Auditor", which was first enacted in 1881 (which was 8 years before Washington's
19
Constitution was ratified in 1889) it was contemplated that county auditors would prepare and/or allow
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others to prepare "abstracts of title" from their records. This statute provides:
The county auditor in his or her capacity of recorder of deeds is sole custodian of
all books in which are recorded deeds, mortgages, judgments, liens,
incumbrances, and other instruments of writing, indexes thereto, maps, charts,
town plats, survey and other books and papers constituting the records and files in
said office ofrecorder of deeds, and all such records and files are, and shall be,
matters of public information, free of charge to any and all persons demanding to
inspect or to examine the same, or to search the same for titles of property. It is
said recorder's duty to arrange in suitable places the indexes of said books of
record, ~d when practicable, the record books themselves, to the end that the
same may be accessible to the public and convenient for said public inspection,
examination, and search, and not interfere with the said auditor's personal control
Declaration of Scott Stafne
Page3
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3397
and responsibility for the same, or prevent him or her from promptly furnishing
the said records and files of his or her said office to persons demanding any
information from the same. The said auditor or recorder must and shall, upon
2
3
demand, and without charge, freely permit any and all persons, during
reasonable office hours, to inspect, examine, and search any or all of the records
and files of his or her said office, and to gather any information therefrom, and to
make any desired notes or memoranda about or concerning the same, and to
prepare an abstract or abstracts of title to any and all property therein contained.
4
s
6
7
7.
During the time I have been involved in Torrens Act litigation I have talked with officials in
8
Auditors offices and they have indicated they have no idea about what an "abstract oftitle" is. Nor have
9
most ever seen one.
10
8.
11
I was advised by several experts that a title insurance report was the equivalent of an abstract of
title.
12
13
14
9.
The Snohomish County defendants, through the Snohomish County prosecuting attorney, also
argue that because an "abstract of title" within the meaning of the Title Insurers statute was not
15
provided this case is not ripe. I would disagree with that because the injury from not having a Torrens
16
Act in place has already occurred. Plus, that same injury to the Plaintiffs is continuing now. The
17
Larsons intend to file a supplemental complaint in this regard.
18
10.
Prior to and after the complaint in this action was filed and up until the nonjudicial foreclosure of
19
20
the Larson's home on November 16 and thereafter I had several oral and email communications with
21
Rocky McDonald, the general counsel for Defendant Quality Loans Corporation of Washington
22
(Quality). I have attached copies of emails which document those conversations as Exhibit B.
23
11.
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Before Mr. McDonald allowed the sale to proceed I asked him to determine based on the
complaint whether the Larsons loan had actually been funded and/or MERS had the authority in 2010,
25
26
after its executory contract with the Lender had been rescinded, to assign the deed of trust.
27
28
Declaration of Sc~tt Stafue
Page4
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3398
12.
2
My understanding of what Mr. McDonald told me was that the trustee did not have to take into
consideratio_n whether the loan was actually funded, or whether MERS had authority to assign the deed
3
4
of trust because amendments to the DTA which came into effect after 2006 had changed the obligations
5
of the trustee in that regard.
6
13.
7
accommodation. The most problematic at this time is a neck problem for which I am presently seeing a
8
I have several life threatening maladies which are documented in my CR 33 request for
neurosurgeon and physical therapist. My neck problem affects the rest of my spine, so I am also seeing,
9
10
l1
with the permission of my neurosurgeon and primary care doctor, a chiropractor to address the these
problems. My chiropractor who I see regularly has told me he believes I am exhausted and need to take
12
some time off.
13
14.
14
My physical therapist has advised me that a significant contributor to the problems he is treating
me for is related to my working hunched over at the desk. I do this for 10 to 15 hours a day. I go to bed
15
between 9:00 pm and 10:00 p.m. and I usually get up between 4:00 and 5:00 a.m. I work most of that
16
17
time. I usually do not eat lunch.
18
15.
19
my clients during this holiday season. My current commitments include, but are not limited to filings
20
and oral arguments regarding Torrens Act issues in two superior courts as well as preparation of a
21
I am in a position now where I have to respond to many motions which have been filed against
Petition for Certiorari to the Supreme Court, two appeals in two separate federal courts of appeal, and
22
23
four 12(b) motions in state courts, which includes this one.
24
16.
This is causing me a considerable amount of stress, which I believe is exacerbating my cardiac
25
problems. I have not had time to see a doctor about this, but I am concerned about my condition.
26
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STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Declaration of Scott Stafne
Page 5
Page 3399
However, I am more concerned about the plight of my clients. I will be 70 years old in January 2019
2
and to some degree work is more difficult than when I was a younger man.
3
4
16.
It is my view that the homelessness in Washington State proximately caused by Washington's
5
enforcement of a likely unconstitutional state statute is a problem the judiciary should address head-on
6
with the help of honed and adequate briefing. Unfortunately, that cannot be done now.
7
17.
Both this Court and my clients deserve better than I can give right now and I ask the court to
8
accommodate my frailties in order to promote a fair consideration of the issues before it or in a word:
9
JO
l1
justice.
DATED this 14th day of December, 2018 at Arlington, Washington.
12
By:___..::5..__'.\:_r=~~,/
_ _ __
StJr¥
WSBA# 6964
Scott E.
STAFNELAW
Advocacy & Consulting
239 N Olympic Avenue
Arlington, WA 98223
(360) 403-8700
13
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ts
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Declaration of Scott Stafue
Page6
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3400
Larson v. Snohomish County et al.
Exhibit A
Page 3401
1211me1s
Stafne Law Mall - RE: Registration of Land Title (Torrana Title) AppDcation for Larson
' ,astatne Law Mall
Scott Stafne <[email protected]>
RE: Registration of Land Title (Torrens Title) Application for Larson
1 message
Casey, Ryan <[email protected]>
Wed, Sep 26, 2018 at 11:56 AM
To: Scott Stafne <[email protected]>
Again, I don't know why your questions are specifically addressed to Judge Judge.
But there is a process for noting motions in Superior Court, so I would welcome you to do so If you believe you have a
matter that Is justiciable. Beyond that, I can't give legal advice or comment on county policy.
Best,
Ryancasey
Law Clerk to the Honorable MIiiie Judge
..,.._Snohomish County Superior Court, Department 4
3000 Rockefeller Avenue, M/S 502
Everett, Washington 98201
[email protected]
(425)388-3435
From: Scott Stafne [mallto:[email protected])
Sent: Tuesday, September 25, 2018 8:47 PM
To: casey, Ryan <[email protected]>
Subject: Re: Registration of land Title (Torrens Title) Application for Larson
My Impression Is that the Snohomish County Judicial Department Is not following the Torrens Act The Superior Court
judges are supposed to set up the rules and regulations for Snohomish County's Torrens System. See RCW 65.12.050. {
The county auditors of the several counties of this state shall be registrars of ti11es In their respective counties; and their
deputies shall be deputy registrars. All acts performed by registrars and deputy registrars under this law shall be
performed under rules and Instructions established and given by the superior court havingJurisdiction of the county In
which they act.)
In addition to establishing rules and regulations, superior court judges are also required to appoint an examiner of titles
pursuant to RCW 65.12,090. Immediately after a Torrens Application Is filed the superior court Is supposed to refer the
application to the property appointed examiner of title to do an appropriate chain of tttle analysis. See 65.12.11 o.
The purpose of the Torrens Ad.. Is to protect property owners from secret liens, hidden equities, and fraudulent
documents. My clfents who flied a Torrens Application with the Snohomish County court In June want to make sure the
hllDs://maU.aooala.com/mallu/1?1k=P.i8b0864a6&vlew=Dt&searc:h=.all&oarmthlc:J1=111read-f%3A1611.432586100783603%7Cmsa.f%3A16126974790331...
Page 3402
1/4
-~ 12/12/20'18
Stafne Law Mall - RE: ReglstraUon
or Land TIiie (Torrens Title) Appll~tlon for Larson
court.and its Judges are following their ministerial duties In this regard. My clients also have evidence they want to share
with the examiner.
If you cannot confirm that Snohomish County has a properly bonded examiner of tlttes, can you please direct me to that
person In Snohomish County's superior court system who can. Or if Snohomish County Is not following the Torres Act,
perhaps you or someone from the court can confirm this.
I assure you we have checked the County"s websites and have found no indication that the Snohomish County Auditors
or Judges are following this law.
Best regards,
Scott Stafne
On Tue, Sep 25, 2018 at 6:10 PM Casey, Ryan <[email protected]> wrote:
Hello. I'm not sure why the Clerk would refer you to me-If you're trying to deal with the Hearing Examiner, that is
a separate office from the Superior Court. All I can tell you Is to follow the rules and procedures as explained on the
Snohomish County website. Unless you can explain why the clerk's office Is referring you to me, I'm at a loss.
Best,
Ryan Casey
Law Clertc to the Honorable Millie Judge
a,:Jescriptlon: Description: Description: Description: Description: Description: Description:
cid:lmage001.png@01 C9CD54.94372A40
Snohomish County Superior Court, Department 4
3000 Rockefeller Avenue, M/S s02
Everett, Washington 98201
[email protected]
(425)388-3435
From: Pam MIiier [[email protected]}
Sent: Tuesday, September 25, 2018 12:56 PM
To: casey, Ryan <[email protected]>
Cc: Scott Stafne <[email protected]>
Subject: Fwd: Registration of Land Title (Torrens Title) Application for Larson
Mr. Casey:
httDa:J/mail.aooale.oom/malllu/1?1k=f58b0864a6&vlew=Dt&search=all&r>emllhld=thread•f%3A1611432585100783603%7ClllSQ-f%3A1612697479D331...
Page 3403
2/4
12/12/2018
Staine Law Mall •_RE: Registration of Land TIUe (Torrens 11tle) Appl~llon for Larson
1-was Instructed to contact you regarding our clients application for Registration of Land title # 18-2-04994-31. We've
had several emails back and forth with the Clerk and I keep getting directed back to you.
Attached Is a document that we would like sent to the Examiner of Trtles as it pertains to the Larson application and the
assignment that was recorded In July of 2010. This calls into quesHon the validity of that assignment.
Please confinn receipt and that the document has been forwarded, or If thls Isn't the proper procedure I would
appreciate your guidance as to how I can accomplish getting this to the Examiner as I've thus far been unable to find
any means by which to do so.
Thanking you In advar;ice for your assistance -
F01Warded message From: Pam MIiier <[email protected]>
Date: Wed, Sep 12, 2018 at 12:50 PM .
Subject: Registration of Land Title (Torrens Title) Application for Larson
To: <[email protected]>
Cc: Scott Stafne <[email protected]>
On June 5 an application for Registration of Land TIUe was made and given# 18-2-04994-31. We would like to know
where In the process the Examiner is with respect to their review. Can you please provide me with the contact
information for the Examiner of Titles or forward this email so that they can contact us? (I was unable to find any
information on the website).
Thank you for your assistance -
Pam MIiier
Paralegal
Pam MIiier
Paralegal
htms://maiI.aooale.com/mail/u/1?11t=ISSb0864a8&vlew=ot&search=a0&permthld--thraad..f%3A1611432585100783603%7Cmsa-t%3A16126974790331...
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' , 12/1,,21201 B
Stafne Law Mall - Fwd: Registration of Land TIiie (Torrens litle) Application for Larson
Scott Stafne <[email protected]>
~Stafne Law Mall
Fwd: Registration of Land Title (Torrens Title) Application for Larson
1 message
Pam MIiier <[email protected]>
Tue, Sep 18, 2018 at 3:33 PM
To: Scott Stafne <[email protected]>, Kyle Welch <[email protected]>, Micah Anderson <[email protected]>,
Donovan McDermott <[email protected]>
here Is the last email plus others re: our Inquiry regarding Torrens lltle application by Chris (Angela) Larson ..• rather
obvious they don't know what Torrens Act is....
- - Forwarded message - From: Contact Clerk <[email protected]>
Date: Mon, Sep 17, 2018, 7:56 AM
Subject: RE: Registration of Land Title (Torrens Title) Application for Larson
To: Pam MIiier <[email protected]>
If you need the Civil Motions Judge to sign an order you will need to set a date on a calendar note. You can ftnd these
on our website. As of today, I do not see a hearing date set.
Snohomish County Clerl(s Office
3000 Rockefeller Ave MS 605
Everett~ WA 98201
NOTICE: All emails, and attachments, sent to and from Snohomish County are pub/le records and may be subject to disclosure
pursuant to the Pub/Jc Records Act (RCW 42.56).
From: Pam Miller [mailto:[email protected]]
Sent: Friday, September 14, 2018 9:42 AM
To: Contact Clerk <[email protected]>; Casey, Ryan <[email protected]>
Cc: Scott Stafne <[email protected]>; Donovan McDermott <[email protected]>; Micah Anderson
<[email protected]>
Subject: Re: Registration of Land Title (Torrens Title) Application for Larson
Thank you for the referral, however It appears from the email return that Mr. Casey is out of the office until September
20th. The Larson's are in foreclosure and in danger of loosing their home and the application for Registration of Land
lltle has been with the county since June 5th. It Is imperative that we speak to the Examiner as soon as possible- or - be
given some information on the status of the application so that we can make informed decisions.
Please let us know as soon as possible as time is of the essence. Thank you VERY much for your assistance. It is most
appreciated I
On Thu, Sep 13, 2018 at 11:06 AM, Scott Stafne <[email protected]> wrote:
https://mail.google.com/maiVu/1 ?ik=f58b0864a6&vlew=pt&search=all&permlhld=thread•f%3A 16114325851007B3603%7Cmsg-f%3A 16119862991632...
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' • 12/.~212018
Stafne Law Mall• Fwd: Registration of Land Title (Torrens 1llle) Appllcetion for Larson
Ryan,
Could you be so kind as to respond to this inquiry? We need to contact the examiner of titles to provide him or her with
Information about Ms. Larsens Torrens application. If Snohomish County does not have a functlonlng Torrens system,
please provide me this information.
In the Interests of full disclosure please be aware that I am involved in litigation against Thurston County and its
superior court judges as state officers about their compliance with the Torrens Act. I post most of the pleadings relating
to that litigation, i.e. Singleton and SchnarTS, on my Academia.edu website.
Best Regards,
Scott Stafne
- - - Forwarded message -·-·-·
From: Pam Mlller <[email protected]>
Date: Thu, Sep 13, 2018 at 9:42 AM
Subject: Fwd: Registration of Land Title (Torrens Title) Application for Larson
To: Scott Stafne <[email protected]>
--··- Forwarded message ---·-·
From: Contact Clerk <[email protected]>
Date: Thu, Sep 13, 2018, 9:15 AM
Subject RE: Registration of Land Title (Torrens Title) Application for Larson
To: Pam MIiier <[email protected]>
I am going to refer you to the law clerk for the Civil Motions Judge. Ryan Casey 425-388-3435
From: Pam Miller [mailto:[email protected]]
Sent: Wednesday, September 12, 201812:50 PM
To: Contact Clerk <[email protected]>
Cc: Scott Stafne <[email protected]>
Subject: Reglstratlon of Land Title (Torrens Title) Application for Larson
On June 5 an application for Registration of Land Title was made and given # 1B-2-04994-31. We would like to know
where in the process the Examiner Is with respect to their review. Can you please provide me with the contact
information for the Examiner of Titles or forward this email so that they can contact us? (I was unable to find any
information on the website).
Thank you for your assistance ~
https://mall.google.com/mall/ul1?ik=f58b0864a6&vlew=pt&search=all&perrnthld=thread-f%3A1611432585100783603%7Cmsg-f%3A16119662991632...
Page 3406
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'
Stafne Law Mall - Fwd: Registration of Land Tltle (Torrens TIUe) Appllcatlon for Larson
12/12/2018
Pam Miller
Paralegal
Scott Stafne,. Attorney
•
STAFNELAW
U
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, WA 98223
360-403-8700
www.stafnelaw.com
Pam Miller
Paralegal
•
U
STAFNELAW
Mweacy & CONUJttng
239 N. Olympic Avenue
Arlington, WA 98223
300-403-&700
www.stafnelaw.com
https://mail.google.comlmaiVu/1?ik=158b0864a6&vlew-=pt&search=all&permthld=thread-f%3A1611432586100783603%7Cmsg-f%3A16119862991632...
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Larson v. Snohomish County et al.
Exhibit B
Page 3408
,,,
Stafne Law Mail- Re: LARSON I WA-18-813156-BB
12/13'/2018
STAFNELAW
Scott Stafne <[email protected]>
Advocacy & Consulting
Re: LARSON I WA-18-813156-BB
1 message
Scott Stafne <[email protected]>
Wed, Nov 14, 2018 at 12:14 PM
To: Robert McDonald <[email protected]>, Angela & Chris Larson <[email protected]>
Rocky, yes. 3:00 pm works for me.
My understanding is the note does not mean it was funded. If you check the complaint you will see the reference to DFI
consent decree, which state that although loans went through they were not funded. And we allege that the Larsons loan
was never funded. So my question is, do you know whether the loan was funded?
On Wed, Nov 14, 2018 at 10:13 AM Robert McDonald <[email protected]> wrote:
Scott
Yes. Will 3 pm work? See attached debt validation response dated 9.17.18 concerning the
$218,000.00 promissory note dated 10.6.2006 securing the Deed of Trust which is the
subject of the non judicial sale set for Friday. Original lender New Century Mortgage
Corporation. Promissory Note endorsed in blank, held by Deutsche Bank National Trust
Company, as Trustee, in trust for the registered holders of Morgan Stanley ABS Capital I
Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007- HE2 - ("Deutsche
Bank N.A.").
Robert W. McDonald
I General Counsel
~cid :image001.jpg@0lCF81A3. 7385F270
"Excellence Starts Here"
108 1st Avenue South, Suite 202
Seattle, WA 98104
d. 206.596.4862 I f. 206.274.4902
I C. 206.673.6523
[email protected]
Your feedback is warmly welcomed and greatly appreciated I Please feel free to send us your suggestions, comments, and/or
concerns to QLSFeedback@qua/ity/oan.com.
CONFIDENTIALITY NOTICE: The information contained herein may be privileged and protected by the attorney/client and/or other
privilege. It is confidential in nature and intended for use by the intended addressee only. If you are not the intended recipient, you
are hereby expressly prohibited from dissemination distribution, copy or any use whatsoever of this transmission and its contents.
If you receive this transmission in error, please reply or calf the sender and arrangements will be made to retrieve the originals
https://mail.google.com/maiVu/0?ik=f58b0864a6&view=pt&search=all&permlhid=thread-f%3A1617134062826262029%7Cmsg-a%3Ar6568522088045...
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Stafne Law Mail - Re: LARSON I WA-18-813156-BB
12/13f2018
from you at no charge. Federal law requires us to advise you that communication with our office·could be interpreted as an
attempt to collect a debt and that any information obtained will be used for that purpose.
LEGAL DISCLAIMER: Please be advised that while the opinions expressed herein are provided by an attorney employed by
Quality Loan Service Corp. of Washington, Quality Loan Service Corp. of Washington Is not a law office. The legal analysis of
any situation depends on a variety of factors and the opinions expressed herein could change based on the specific facts of any
given situation. The information and opinions set forth herein are intended as general information only, and are not intended
to serve as legal advice or as a substitute for legal counsel. If you have a question about a specific factual situation, you should
contact an attorney directly.
From: Scott Stafne [mailto:[email protected]]
Sent: Wednesday, November 14, 2018 9:31 AM
To: Robert McDonald <[email protected]>; Angela & Chris Larson <[email protected]>
Subject: Larsons
Rocky,
Can we talk today?
My clients are wondering whether you have found if the loan was funded? If you are not sure, the AG may be able to
tell you given DFl's order in this regard.
Best Regards,
Scott
Scott Stafne, Attorney
lilmage removed by sender.I
Scott Stafne, Attorney
https://mail.google.com/mail/u/0?ik=f58b0864a6&view=pt&search=all&permthid=thread-f%3A1617134062826262029%7Cmsg-a%3Ar6568522088045...
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Stafne Law Mail - Re: LARSON I WA-18-813156-BB
12/13f2018
a,aw
STAFNELAW
Advocacy & Consulting
239 N. Olympic Avenue
Arlington, WA 98223
360-403-8700
www.stafnelaw.com
4 attachments
-WRD264.jpg
1K
image001.jpg
3K
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3K
https://mail.google.com/mall/u/0?lk:=f58b0864a6&view=pt&search=all&permthid=thread-f%3A1617134062826262029%7Cmsg-a%3Ar6568522088045...
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Q. .UA.LIT,Y,
LOAN SERVICE CORP.
Washington
108 1st Ave South, Suite 202 • Seattle, Washington 98104 • (866) 925-024i
September 17, 2018
SENT VIA USPS
Staine Law
239 N. Olympic Ave.
Arlington, WA 98223
Re:
Borrower: Christopher Larson
T.S. #: WA-18-813156-BB
Property: 11914 167th Drive NE, Arlington, WA 98233
Mr. Staine:'
We are in receipt of your September 7, 2018 letter which was addressed to Quality Loan Service
Corp. of Washington ("Quality") and wish to respond. Although Quality is advancing a nonjudicial foreclosure pursuant to the requirements of the Larson Deed of Trust ("DOT") and
Washington statutory authority, Quality has made no attempts to collect a debt from your client
and its role is limited to the advancement of the non-judicial foreclosure ONLY. Your request
and demand related to the FDCPA would be more appropriately addressed to Select Portfolio
Servicing, Inc. Quality is neither the beneficiary nor the servicer of your client's loan and that
Quality is solely acting as the Trustee appointed to advance a non-judicial foreclosure pursuant
to the terms ofthe DOT recorded October 11, 2006. As Trustee, Quality claims no ownership or
security interest in the subject real property whatsoever.
To address the substantive issues raised in your correspondence as to the Statute of Limitations.
The Trustee has reviewed your materials and conducted a thorough review of this loan. The
Trustee. has NOT found that this )oan ~as been
accelerated for a perlod of six ·years as af
preserityour clie11t (Mr. Larson} has the ability to tender reinstatement to cure the inst~nt default
UJ? to :October l; 2018; Additionally the Trustee can confirm a Notice of Default was. issued·
previously on this matter and was done so within the six year statute of limitations per
Edmundson. (Courtesy Copy of both the NOD and referenced Case Law is enclosed) In addition
the public record indicates there have been three (3) prior Notice of Trustee's Sales advanced
tolling the Statute of Limitations under Washington Law as well as additional tolling and formal
debt acknowledgement under Mr. Larson's election of Foreclosure Fairness Act Mediation.
Please see the enclosed Certification issued by the Washington State Mediator finding the
borrower participated in mediation "Lacking Good Faith."
nilly
1
Page 3412
Concerning the validation of debt which supports the underlying foreclosure, the debt stems from
the enclosed $218,000.00 Promissory Note dated October 6, 2006, which was secured by the
above referenced property, as evidenced by the enclosed DOT. Prior to issuing the Notice of
Trustee Sale, Quality received a signed declaration stating under the penalty of perjury executed
by Select Portfolio Servicing, Inc. stating Deutsche Bank National Trust Company, as Trustee, in
trust for the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage
Pass-Through Certificates, Series 2007- HE2 is the actual holder of the Larson Promissory Note
[endorsed in blank]. A copy of the Promissory Note, Deed of Trust and Declaration of
Ownership pursuant to RCW § 61.24.030(7)(a) are attached for your review.
Based on the above, the Larson non-judicial foreclosure has been advanced pursuant to the tenns
of the Larson DOT and Washington statutory authority. If you have further questions or concerns
relative to the foreclosure being advanced, please direct them to Quality at 108 1st Ave. South,
Suite 202, Seattle, WA 98104 or 866.925.0241.
If you have concerns in relation to the loan you may reach the lender/servicer at the following:
Company:
Phone:
Address:
Select Portfolio Servicing, Inc.
888-818-6032
3815 S.W. Temple
. Salt Lake City, UT 84115-4412
Please be advised the Larson Trustee's Sale is presently scheduled for October 12, 2018 and that
unless otherwise restrained by Court Order, Quality will most likely proceed with the Trustee's
Sale on that date as scheduled.
. McDonald, Esq,, ·
General Counsel
Quality Loan Service Corp. of Washington
Enclosures: Correspondence, Promissory Note, Deed of Trust, Beneficiary Declaration of
Holdership, Notice of Default, Auditor's Records, FFA CERT, Case Law.
QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
2
Page 3413
CORRE.SPONDENCE
Page 3414
STAFNELAW
Advocacy & Consulting
(360) 403-8700
239 N. Olympic Avenue Arlington, WA 98223
FAX (:l60) 386-4005
www.STAfflEI.AW.com
Date: 09/07/2018
Quality Loan Servicing (QLS)
108 1st Ave South, Suite 202
Seattle, Washington 98104
To Whom It May Concern,
Christopher and Angela Larson have retained Stafue Law Advocacy and Consulting as their counsel in this matter.
Please direct all further communication regarding this matter to our office at the address listed above.
On June 8, 2018, Quality Loan Servicing issued a Notice of Trustee's Sale for the Larson's under Snohomish
County Auditor's file 201806080418, the Notice of Trustee's sale is attached hereto for your convenience as
Exhibit A. However, the Larsons were never served with a valid Notice of Default for this sale from the purported
beneficiary, a Trustee, or their authorized agent in violation of RCW 61.24.030(8). A trustee is not permitted to
issue a Notice of Trustee's sale on behalf of a beneficiary of a loan until a beneficiary meets the following due
diligence requirements:
RCW 61.24.030(8) reads as follows:
"... at /east thirty days before notice ofsale shall be recorded, transmitted or served, written notice ofdefault
and, for residential real property, the beneficiary declaration specified in subsection (7)(a) of this section shall be
transmitted by the.beneficiary or trustee to the borrower and grantor at their last known addresses by both
first-class and either registered or certified mail, return receipt requested, and the beneficiary or trustee shall
cause to be posted in a conspicuous place on the premises, a copy ofthe notice, or personally served on the
borrower and grantor. .. " (emphasis added)
In addition to a valid Notice of Default for this sale never being served upon the Larsons by the purported
beneficiary, Quality Loan Services, or their authorized agent the purported debt is past the statute of limitations.
The Larsons state that a notice of acceleration was received more than six years ago and no payments have been
made since before .that date. This debt is subject to the statute of limitations and cannot be enforced either by an
action on the obligation or by foreclosw-e,judicially or otherwise, of the security instrument. RCW 4.16.040.
Your representations regarding the legal status of the debt and it's enforceability have no basis in law and were
made in violation of the Fair Debt Collection Practices Act (FDCPA) IS U.S.C. § 1692e(2) and (10). There is no
legal authority to conduct a sale and such sale is in violation of 15 U.S.C. § 1692e(5) and (10) as well as RCW
4.16.040.
This correspondence should be construed as notice that Christopher and Angela Larson dispute the purported debt
and demand validation of an enforcea6le obligation under the FDCPA. 15 U.S.C. § 1692g(b) and RCW 4.16.040.
Pursuant to the FDCPA, you must stop all collection activity.
Page 3415
Your prompt attention to this matter is appreciated. We look forward to receiving written confinnation that the
Notice of Trustee's sale has been discontinued. If any damages are incurred by the Larsons due to this fraudulent
and inappropriate action we will pursue collection to the fullest extent of the law.
Please contact our office if you have any questions.
Sincerely,
Scott Stafne
WSBA#6964
StafneLaw
Advocacy and Consulting
360-403-8700
239 N. Olympic Ave.
Arlington, WA
98223
-------------------------------------------Page 3416
- - - ----
-
..
'
.
-----~
Exhibit A
Page 3417
ELECTRONICALLY RECORDED
201806080418
3
06/08/2018 01:17 PM
101.00
SNOHOMISH COUNTY, WASHINGTON
~:t~=~:~ :;:,
~
SP!,t'~A~:>VE '.fff.l~ l,INF;FQll lU;C'ORD~•s USE
Title Order No.:1f4!,_ib1~SV..:~~s• .
.
.
Deed of Trust Gnmt(itE'): ~~lS'l'!()Pf:I~~ ~ LARSON, Angela Larsot1
Deed ofTrust Orant~s){Mortp&'e ~ k Registration Systems, Inc., as n01nlnee for New Ceatury
Mortp&e~rpc)Fllltfol(.ftsJ~~~s
Deed ofTrust l~M!~:~;.1~10110833
~j~c~;.~§T!!,JJST~E'SSALE
Ptirsuant.tO'tbi:~e~~.~~(iWashington 61.24, et seq.
~'!!II
~
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.
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.O>a~ located at 3000. Roc:kefew•lv~ E~
~ ~ • ~I at public aiictib!i io the highest and
~.bi~~ l1jtyabteJn~~• f@ l>f ~it bid <r~~.b!tJ'.jnJho•f9!f!1 ~camler1s ~
or cci:tlffi',d,:tf)~~ . ~•.
f~ly pr $tale t:hartered ba!lks. at h time pf'sate:;i!ic f o l ~ ' ~ ~
propeny; ~ted .In lhc.
.~Qllllly ofSNOf.K)MISH,sr.ate ofWash~f<!""4JL;;;••~··· .•.•/
·
wt· ff~ PLAT or· RAll'f80WSPRIN~."'C€QJ.U)l~~'fij~ l'LAT 'l'HER£0F RECOIWEJ>
IN VOLUME. 19- OF ~TS. P.\GES 32. AND ~fRJj:Gq.~ .OF SNOltOMJSH COUNT:\'~
WA$UINQT()lll•..:~ljl.lA'l'E1N.Tfl~,t()VNTI' (>,-F:~rt>\1~~1$~/STAJ'f:•OF W~SJ:11.~~t(JN··
More ~monly known as: t 1914 167TH DRIVE NE, ARJ..1.NOtcir(.'wA,98233
~
·wll~II ·., subjt,tt.to &bat c:er1l!in,l>eed :of!frust'cwed:
~101108.U
10Hi7l®+.,
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~ot,SN()~<>~l$ll Q.,urin,,, '\\'~I~ fi'ail:l~~ffl£RE ~
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°'1~·~N•$Joiijf'1',j~
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beriefi~.llitd li'l'Mll¢h<~~®'.Uly/iis,S~Je>
Ci~~!if, I!~
lia ttii$t ~I' the regfsteN/ll ll~n:~f l\.l~it S--.111ey ABS &iW1J~~;Jiit,t i00,1~~.~
hss-'Tiaro1g11 Cettiffcates,.Seria lOO?.,. H:E2. the ~fi~lar)'.•~~;~~~ ~
under.AuditorsFileNum~2(1t()O,?I~
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9bftption in. any CM· by te¥C>11 of ffie Q9trower'f91: QrarJ;orS"de~lf cm ~ ~-q~~sec~.,t;y,J~
Ptedof"f'n.ijrJP,.1~ge:
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r ,. \.} r
~~IK~f(~ ~i*~ *i!~r,=c!9~Ul'e Is:~ ls.Jere 'as follows:. Failure
. ... . . .
.1!11• ••.. ~•·
foll~g a~ol,111~ wijlcli are 110w IIJ arrears: $172.!01,41.
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Page 3418
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ofTnmfs:Jll~ l)tlnclP'l $Um. o(Sl.l7,209J8.
·~ •• ;;,,•• c~'fitr. with illtel'eSt 1IS provided in the N.ore ftijit) 2/l~ll on. and suc;h other c:«>SIS ancHees as in:'provideid
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or eru:umbrances on J0/1¥,2C)J$; The ~fault, ~{erred ~ 111, ~ h m
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be111 ~~with
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wr
. . ia.en.••.·- .'N·:··ot···iee.
·..·:·c,. r. i~ ~~ph
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...·.·I..
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ot De
_pl'"
~ .w
~ribed
~
~d ti.le Tru~ . _ ~iOf?.,D.t proof o,fsu¢h ~
<It ~ g j The l.'" of recapienls .of fflt•·
·:.·:sort·•····•··.·.·-.".lrd;..·.··
...
De·.•.. f i .
Notice of Oe&ulr l$>fisted):ititll)ri tht'~~-:<>f.FQl'.C¢1osurc providtd to the Borrowtr(s)c'aruH:ii'MtQI'{$).
These ~irements were
¢o!iiP.!~~f'1¥21.f0•1,
·· · ·
VII.
The Tn,stcc whose ~J:~-r~:,l>clow will provide in writing to an)'One requesting
it. a staitment of all costs and fees a~ aii)(~i, tinotto'ihe sale.
(~,
. ·~· ··< . . ,.:"~...
VIII. The effect of the sale will be to_.dq,ri~1he.Grantor~llthose who hold by, through or under the
Grantor of all their interest in rhciabove-desc:n1'.ed ~ ; , . / - \,
IX.
-~
,.
Anyone having any objections to this sale ori_;.y~•
will be afforded an opportunity.
_be heard .as to !hose objectiOl'IS if ther .bi;lrla
. . . . . •. ~ . ~ l.~~·.·'.lJ,.:·~. ·~.-.·
. ·;." e sat~ p ~ t k) RCW 61.24.130.
Failure to bring $uch a lawsuit may rcsuh in a watvvor~ for ,nvalldatmg the Trustee's sale.
to
th.·
X.
. N(!IIC6 ~~UPANTS OR T~AJts-~~a ~!he~) ,$al,~ Is en,dtt~·~
pass~ss:otlgf,thepropettyonthe20"'dayfollowmg~sa~._,.~~Cl~rur,derthedacd.oftrust(the
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Aftetdie.208i day f0.ll0.Wlim_thes.Je,:·~·~basethas ti;&;~ !ll•pl«"®t~wti'1 ~-'.llOC le.i,antsby
=:Jritte:!~~~==~~R:.~·~{:J=~-·~·r,·.. _:·_..._~~~~''"-.:
!~~~t'••P,~shall·prt>vklel
FOQ:,,~~:9fi'. \'01)~ HC)Ml.
11--._
THIS NOTICE IS THE FINAL STEP BEFORE THE
You have only 20 DAYS from the recording date of this notiot topilm4 m~1'it~~)_,,
' -. v... . .
.
·...... ~_,:" . ·... ~1:-~--,. :t~ ~ :~-~-i..
00 NOT DELAY. CONTACT A HOlJSiNC COUNSEWR OR AN A'fr(iJlN!V -~CBNS~I> lN
WASHINGTON NOW to assess your s~n and ~·
YPIIIO. mc.<!~iwi .if'i~M~ilig~r'4Jt IJlaY
help you save your home. See below for safe sources of help.
•,," .,~'. · .,,-:.
'-;{~;;;-.l::\
SEEKING ASSISTANCE
~u;
·.ljko,
~:se, marcon~-~4jt~~f
\
~fenal
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. .. . .·. . .. .. _,. . =t,;:~:~~::,4.
Hoti$liJg COUil~~~ ~d le81ll',~lsl.lhee ~! ·•bl; available at liUID .;Qr np C:0$1; l9
• ~ in d~i~~jourrights and'o.ppQrtinti~ t(>k~yo,u,
~u
The ~wi'1e foreclo~ure ~~tli11~ for assistance and
\
to ~OUSilit
H~$mgc Fi~ . ~i>mJTlissi?"~ ·TclMte.e: .. 1471ffl.;;HQME.
1(;')'0}!.; ~u)d
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bnp;/J,;yww.dfJ.wi1:,aov1cqnsi:imm,'homeownmhJp/posf nurcg;. counsslors f«sclosun:Jrtm: -'.,.,.·· _,,:• · ,,.--~~i:~•·"·"·"~~'>
..· · · •· . ., ;,
'
'•· -
Page 3419
~
, •• ;•
••.•!·
~;
A 1IOl8ry public or other officer completing Ihf.s ~1flcal«'v«if1e~
only the identity of the individual who ·
1
signed the document to which this certificate i f ~ , a~ n()\:the truthfulness, accuracy. or validity of
thafdocumewtt
\, ·--~----··'. . ~...-
:d~i~?.D~_fo~..l
On.
JUfl O61'18
~P,peart~.
,
-..?'.~:))
. Katli~~~-~-j.VSs-··· •, . a no1ary public, personally
me, ... ·
·.'. .. . .· · ...· . . • who proved to JTle ~~tili¥~of satisfactory evidence to
be the perion{s) whose name(s,:is(~ subscribed to the withlph1flr~tnl!'q~ftnd,ae~w~¢edtome,th~
he/she/they executed the same in his/her/their authorii#\~itY{~)("ai,d that by: h ! ~ ~
signature(s) on the instrument the person(s), or the entity upo'lr~lf"~f ~tch the person(s) acted.
executed the Instrument.
f ·· ,/"';,-,./~' \
Iceni~ under PENALTY~ Pt:RJURY under lhe laws of the
foregoing paragraph Is true and correct.
,
WITNESS mY,·
. . _. . ·
:•(\ :<~~<-· _;,,,I:
·. -···. .,
(Seal)
..
s!.,;;:;,:041;i,lt}i~
\t ;,:"'' · )--,. \
Signature
lCatherlae A, Davis
Page 3420
:!-;..·:
.._,..,. ....:·· · ~.
\;
(,.~?:•;;~./ ;)
that the
i
I
NO·TICE OF -DEFAULT
Page 3421
DECLARATION OF MAILING OF NOTICE OF DEFAULT
Pursuant to RCW 61.24.030
Re: NCTS file no.: 60243-00328-NJ-WA
The undersigned certifies that on Decembe2Z- 2017, true and correct copies of the Notice of Def3ult,
Fair Debt Collection Practice Act Notice, and Loss Mitigation Declaration were malled via first-class and
either registered or certified mall, return receipt requested, to the persons and at the addresses listed
below.
True and correct copies of the original Notice of Default, Fair Debt Collection Practice Act Notice, and
Loss Mitigation Declaration were placed in appropriate envelopes and sealed, with postage thereon fully
prepaid, and were deposited by me in the United States mail In Seattle, Washington, on the date listed
above.
I declare under penalty of perjury of the laws of the State of Washington, that the foregoing is true and
correct.
DATED: Decembeg2017
'Ii>4 ~/,
.
rl
~ e C ·17wct/r'
·~ ~
iO!VJr'-<..,,
Printed name
AA
j
Malling Addresses for NCTS fife no.: 60243-00328-NJ-WA
Angela R. larson aka Angela Larson aka Ange1a Renee Larson
11914 167th Drive NE
Arlington , WA 98233
Christopher E. Larson aka Christopher Larson aka Christopher Edward Larson
11914 167th Drive NE
Arlington , WA 98233
Occupant
11914 167th Drive NE
Arlington , WA 98233
Unknown Spouse of Angela R. Larson
aka Angela Larson aka Angela Renee Larson
11914 167th Drive NE
Arlington , WA 98233
Page 3422
Unknown Spouse of Christopher E. Larson
aka Christopher Larson aka Christopher Edward Larson
11914167th Drive NE
Arlington , WA 98233
Page 3423
U.S, Postal Serv1cew
· CERTIFIED MAIL~,. RECEIPT
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.(Domestic Mail Only;
No insurance Cov.era9c Provided}
for diillvl)!)' lnto1mollo11 Vl< our wob&l1$ st www.ue(1o.ootUr,
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(Domestic Mall On)y;Nri Jllsuronco cowmgo Prov/dl'd}
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Chr\$topl,er E. Larson aka O,rlstopher Larson
aka Christopher Edward Larson
11914 167th Ofll/e NE
Arlington , WA 98233
60243-00328-NJ.WA
.: •
..
Page 3424
............
_.,
NOTICE OF DEFAULT
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24, ET. SEQ.
To: Christopher E. Larson , A Married Man as His Sole and Separate Property, and Angela R.
Larson
THIS NOTICE IS ONE STEP IN A PROCESS THAT COULD RESULT IN YOUR
LOSING YOUR HOME.
You may be eligible for mediation in front of a neutral tbird party to help save your home.
CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN
WASHINGTON NOW to assess your situation and refer you to mediation if you might
benefit. Mediation MUST be requested between the tif¼1e you receive the Notice of Default
and no later than twenty days after the Notice of Trustee Sale is recorded.
DO NOT DELAY. If you do nothing, a notice of sale may be issued as soon as 30 days from
the date of this notice of default The notice of sale will provide a minimum of 120 days'
notice of the date of the actual foreclosure sale.
BE CAREFUL of people who claim they can help you. There are many individuals and
businesses that prey upon borrowers in distress.
REFER TO THE CONTACTS BELOW for sources of assistance.
!'
L
SEEKING ASSISTANCE
Housing counselors and legal assistance may be available at little or no cost to you. If you
would like assistance in determining your rights and opportunities to keep your house, you
may contact the following:
The statewide foreclosure hotline for assistance and referral to housing counselors
recommended by the Housing Finance Commission Telephone: Toll-free: 1-877-894HOME (l-87,7-894-4663). Web site:
hOp_;!l:ttJVW..,.dfj,~~,gQY/!:<9niumcrs/hpJ11~mv,1~r.sbip/~L..P!!f.1:.h~~~~.!~~lQCS__ fm:1;.cJq_~ym,b!m..
The United States Department of Housing and Urban Development Telephone: Toll-free: 1800-569-4287. Web Site:
M.J~~ljW\~\~,h11d.gri,i/Qffit&,"?!!tsg/sJJ)/.l)~c/..(~index~c~fin1.W~.!~j~V~.PtiQ.O"'SQfil~h/fr,_~~r.(;1.!.@!.(y=.W.~j:JjjjQ[£~~
~fq
.
..
..
.
..
.
The statewide civil legal aid hotline for assistance and referrals to other housing counselors
and attorneys Telephone: Toll-free: 1-800-606-4819. Web site: httn;/lt~l!JC:Jcc.orsfjvhl!l-clear.
1
Page 3425
A. Deed of Trust and ProJlerty Description:
You are hereby notified that the Beneficiary has declared you in default on the obligation
secured by a Deed of Trust dated October 6, 2006, executed by Christopher E. Larson, A
Married Man as His Sole and Separate Property, and Angela R. Larson as Trustor(s), to
secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., SOLELY AS A NOMINEE FOR NEW CENTURY MORTGAGE
CORPORATION, A CORPORATION as original Beneficiary recorded October 11, 2006
as Instrument No. 200610110833 of official records in the Office of the ~corder of
Snohomish County, Washington and which Deed of Trust encumbers the following
described real property:
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 19 OF PLATS, PAGES 32 AND 33, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON. SITlJATE IN THE COUNTY OF
SNOHOMISH, STATE OF WASHINGTON
Commonly known as: 11914 167th Drive NE, Arlington, WA 98233
B. Declaration of Default The beneficiary declares you in default for failing to make
payments as required by your note and deed of trust.
C. Itemized account of the amounts in arrears: Delinquent monthly payments
beginning with the March 12, 2012 payment. TI1e amount indicated below as the "Grand
Total" is good through January 12,2018.
Payments
$110, 728.25
Escrow Advances
$42,198.82
Interest On Advances:
$3,575.58
tayme11t to Accrue
,.
,.....
I Loan
I'
$1,605.98
.
Level Advances
[Grand Total·
$2,061.00
$160,169.63
D. Itemized account of all other specific charges, costs or fees that grantor or
borrower is or may be obliged to pay to reinstate the deed of trust before the
recording of the notice of sale.
Trustee's Fee
Postage (estimated)
Service/Posting of the Notice of Default (estimated)
Page 3426
$900.00
$60.00
$75.00
Document Recording (estimated)
$14.00
TOTAL CHARGES, FEES AND COSTS
$1,049.00
E. Amount required to cure payment defaults before Notice of Sale records: The
estimated amount necessary to reinstate your Deed of Trust and the obligation secured
thereby before the recording of the Notice of Trustee's Sale is the sum of paragraphs C
and D above in the estimated amount of$161,218.63 PLUS the amount of any monthly
payments, late ~harges, and advances which may fall due after the date of this Notice of
Default.
Payments and late charges continue to accrue and additional advances may be made.
Tluuums stated al;m,e,aroesti1t,itles oiilv. Before attemptiltg to reinstate the loan, call
us at l-855-676-9686 to learn the exact amounts of monetary defaults and actions
required to cure possible other d,faults.
For Reinstatement/Payoff Quotes, contact North Cascade Trustee Services Inc.
Reinstatement monies in the fonn of a cashier's check may be tendered to:
North Cascade Trustee Services Inc.
ATTN: REINSTATEMENT/PAYOFF DEPT.
901 Fifth Avenue, Suite 410
Seattle, WA 98164
Phone: (855)676-9686
Payment must be in the full amount by cashier's check, and mailed to the undersigned.
Personal checks will not be accepted.
In addition, grantor or borrower must timely cure all other defaults, if any, before the note
and deed of trust are deemed reinstated.
F. Effect of failure to cure: Failure to cure all alleged defaults within 30 days of
mailing/personal service of this notice may lead to recordation, transmittal and
publication of a notice of sale and the Property may be sold at public auction no less than
120 days from the date of this notice, or no less than 150 days in the future, if the
borrower received a letter under RCW 61.24.031.
G Effect of recording, transmitting, and publication of the notice of sale: The effect
of the recordation, transmittal and publication of a notice of sale will be to (i) increase the
costs and fees and (ii) publicize the default and advertise the Property for sale.
H. Effect ofsale of the Property: The Trustee's sale of the Property will deprive the
borrower, grantor, and any successor in interest of all their interest in the Property.
3
Page 3427
I. Recourse to courts: The borrower, grantor, any guarantor or any successor in interest
has recourse to the courts pursuant to RCW 61.24.130 to contest the default(s) on any
proper ground.
J. Contact Information for Note Owner and Loan Servicer:
The owner of the note is Deutsche Banlc National Trust Company, as Trustee, in trust for
the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2,
Mortgage Pass-Through Certificates, Series 2007- HE2
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007HE2, whose address is:
3217 S. Decker Lake Dr.
Salt Lake City, UT 84119
The loan servicer for this loan is Select Portfolio Servicing, Inc., whose address and
telephone numbers are:
3217 S. Decker Lake Dr.
Salt Lake City, UT 84119
l-800-258-8602
Dated: December
22.., 2017
North Cascade Trustee Services Inc.
As duly appointed Successor Trustee
By Heather Berthiawne
This is an attempt to collect a debt and any information obtained will be used for that purpose. ff you have
received a discharge of the debt referenced herein In a bankruptcy proceeding, this letter ls not an attempt to
impose personal liability upon you for payment of that debt. In tile event you have received a bankruptcy
discharge, any action to enforce the debt will be taken against the property only.
File No: 60243-00328-NJ-WA
North Cascade Trustee Services Inc.
Phone: 1-855-676-9686
Fax: 888-690-8838
4
Page 3428
NOTICE REQUIRED BY THE
FAIR DEBT COLLECTION PRACTICE ACT
J 5 U.S.C. Section 1692
December 19, 2017
To:
RE:
Angela R. Larson and Christopher E. Larson
Property located at 11914 167th Drive NE, Arlington, WA 98233
1.
You are hereby notified that this trustee is attempting to collect a debt and any
information obtained will be used for that purpose.
2.
As of January 12, 2018, $354,709.51 is owed on this account, including interest.
Because of interest, late charges, and other charges that may vary from day to day, the amount
due on the day you pay may be greater. Hence, if you pay the amount shown above, an
adjustment may. be necessary after we receive your payment, in which event we will inform you
of any additional amounts due. For further infonnation, write the undersigned or call (855) 6769686.
3.
The original creditor to whom the debt was owed was MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS A NOMINEE FOR NEW.
CENTURY MORTGAGE CORPORATION, A CORPORATION. You have 30 days from the
receipt of this letter to request the address of the original creditor from us if you wish to do so.
The current creditor is Deutsche Bank National Trust Company, as Trustee, in trust for the
registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass11,rough Certificates, Series 2007- HE2 Deutsche Bank National Trust Company, as Trustee, in
trust for the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage
Pass-Through Certificates, Series 2007-HE2, with an address of 3217 S. Decker Lake Dr., Salt
Lake City, UT 84119.
4.
The debt will be assumed to be valid by North Cascade Trustee Services Inc.
unless WITHIN THIRTY DAYS AFTER THE RECEIPT OF THIS NOTICE, you dispute the
validity of the debt or any portion thereof. This does not relieve you of the requirement to timely
respond as indicated in the documents accompanying this notice.
5.
If you notify North Cascade Trustee Services Inc. Attn: Heather Berthiaume,
within thirty days after the receipt of this Notice that the debt or any portion thereof is disputed,
then North Cascade Trustee Services Inc. will provide a verification of the debt, and a copy of
the verification will be mailed to you by North Cascade Trustee Services Inc.
6.
; Requests should be addressed to North Cascade Tmstee Services Inc. Attn:
Heather Berthiaume, 901 Fifth Avenue, Suite 410, Seattle, WA 98164 or by calling Heather
Berthiaume at 206-939-4159.
f,02.U:oo.lJ.S•Ni•WAfq/r Debi Notice
Page 3429
If you have received a discharge of the debt referenced herein in a bankruptcy proceeding,
this letter is not an attempt to impose personal liability upon you for payment of that debt.
In the event yoa have received a bankruptcy discharge, any action to enforce the debt will
be taken against the property only.
60243-00328-'NJ. WAFair Debt Notice
Page 3430
...
'
FORECLOSURE LOSS MITIGATION
Re:
Loan Number:
Borrower Name:
CHRISTOPHER LARSON
Address:
11914167TH DRIVE NE, ARLINGTON, WA 98233
Beneficiary:
Deutsche Bank National Trust Company, as Trustee, In trust for 1he registered
holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage PassThrough Certificates, Series 2007- HE2
The undersigned beneficiary or authorized agenl for the beneficiary hereby represents and declares under the
penalty of perjury that:
1)
2)
3)
4)
5)
•
Tho beneficiary or beneficiary's authorized agent has contacted the borrower under, and
has complied with; RCW 61.24.031 alld the borrower did not request a meeting.
•
· The beneficiary or beneficiary' s authorized agent has contacted the borrower as required
0
The beneficiary or beneficiary' s authorized agent has exercised due diligence to contact
•
•
under RCW 61.24.031 and the borrower(s) designated representative requested a meeting.
A meeting was held in compliance with RCW 61.24.031.
the borrower as required in RCW 61.24.031.
The borrower has surrendered the secured property as evidenced by either a lelter
confirming the surrender or by delivery of the keys to the secured property to the
beneficiary, the beneficiary' s authorized agent or to the trustee.
RCW 61.24.031 does NOT apply because:
The property is not owner occupied as the principal residence of the borrower(s).
The undersigned instructs the trustee to proceed with non-Judicial foreclosure proceedings and expressly
authorizes the trustee or their authorized agent to sign the notice of default containing the declaration re:
contact required pursuant to section 2 of Chapter 292, Laws of 2009 r,NA).
Dated:
g-MAY_1~
By:
Select Pottfollo Servicing, Inc. as authorized agent of Beneficiary
Tina Martin, Document Contfol OHi•'."''
Page 3431
AUDITOR'S RECORDS
Page 3432
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Name
IP. l STINNETT BRUCE J SR I+)
•
2001061 7 0487
:1J
D
zoo•ooJ01386
06/l0/2004
1J
O
200406301387
06/30/2004
06/17/2003
LOT 89 RAINBOW SPRINGS 00551400008900
IF) SYNERGY MORTGAGE CORPORATION
DEED OF TRUST
(+)
i R.l STINNETT BRUCE J SR [ t )
DEEDS(EXCEPT
WI
QCDS)
DEED Of TRUST
ID
O
200S10!905!9
10/19/2005
ii
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2006JQJJOR3?
10/11/2006
i1
D 2oor,rn11oa;n
10/11/2006
DEEO OF TRUST
LOT 89 RAINBOW SPRINGS 00551400006900
BUSHNELL TYSON K ( t )
[Rj BUSHNELL TYSON K (+)
tr:]
.,,,Ne,,.W<«~• ••
I~) BUSHNELL TYSON K ( +l
IFJ
LOT 69 RAINBOW SPRINGS 0055!400008900
MAJOR MORTGAGE ('t)
,_,.,_"~,,~~-~•-•,",-.<"- • · ' • - "
rn••••«•-••'"''-••"
AMERICAN GENERAL(+)
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LOT 89 RAINBOW SPRINGS 00551400008900
.... ..•..-...,,..~,--, ___
,
jlfl BUSHNELL TYSON K (·t l
DEEOS(EXCEPT
[F J LARSON CHRISTOPHER E
QCOS)
,
LOT 89 RA[NBOW SPRINGS 0055!400008900
""~''"•"'''"
DEED OF TRUST
f ll} LARSON CHRISTOPHER E
[[) NEW CENTURY MORTGAGE CORP ( ,. l
....... ..... ---·--·..·-·
,
ID
10
St~tus
Legal Description
Assoc lated Name
[J
,00prn110•31
0
201607270475
10/11/2006
DEED OF TRUST
07/27/2016
LIEN
{Ill LARSON CllRISTOPHER E
rr,:J NEW CENTURY MORTGAGE CORP I... l
[RJ STAFFORD LINDA M
Q:Q
[El RAINBOW SPRINGS COMMUNITY
CLUB INC
....,_,,.,.,
LOT 89 RAINBOW SPRINGS 00S5!<00008900
........
~.,. ... __ ,.,_ __ ,,n.,,..,,.
LOT 69 RAINBOW SPRINGS 0055!400008900
LCT 60 RAINBOW SPRINGS 2
00551400008900
II
12
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LOT 89 RAINBOW SPRIIIGS 0055!400008900
(f:) PUBLIC
!'fq Qlll\l IW l OM-I !i!:'.fWICI: ((.ln.P(mA nnN
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Aumeotum Recorder• Public Access Wob Ul, Version 3.0
Copyright C 2001 • 201a Thomson Reuters, AU Rights Reserved
Party Harnes
QUALITY LOAN SERVICE CORPORA no»
OFWA
Anoc.iated Namei
Cross Re,ferenc::e,
LARSON CHRISTOPl1ER E
Legal Descriptions
LOT 89 RAINBOW SPRINGS 00551400006900
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9/17/2018
12-
Page 3433
✓
14./:?~·_
8
F:f_A CERTIFICATION
•
I
I
Page 3434
MEDIATION OUTCOME
Sw!JtOl.sl QE<l'Cl'm • Ag¢¢mtnt
a.miwl
$.1mHm1s1 Q.cc1,1m,d.'..N..o A1"••me11t Re4~h·•"
[] Reinstatement
•
'Borrower Uoable to Meet Re~11uc1ure Offer
0
J
-Bario;;; Unwll~~
lll!J>ilY~n~i . . .
. ..
.
(J E>tien~i;ri"-..-. _,.. ===:)
•
Adi Rate Changed to Fhu!d~---
----1
HOMi>RElENT)ON Agree~T?Reicii'eifrioriii
O Mediation Session (specify • max. 100
ta ~:cept Rcstriirture Offer
C? ::~::1::~~t ~~~:
0
1---~";.;.~~ct.;.er..:s);...:·_,_______._._
... _._ ..-... -
1::~~~:~:t:1.
0
9' Change:
'[j ·Am~rtliai1cin Extended
0
, BOl'Nlwer"'No,-.&1-n'""G_oo_il"'"·""Fa""lt.,.h--'-'-----'-'----·•"-'-·
1ni~;;';1 Rate Reduction
IJ Pr l~~i;iii'eductlon
Amount:$
f]
O
Monthly Principal Payment lteduced
Amount:$
Monthly lnt~st-P-av_m_e_n_tR_e_d_uce-d--'.
CJ
Amount:$
ll.!!fin;~~-'--·•
I
D
D
•
'•·' Borrower Jl'l)ffl Medfati¥{$~iciTy 7
.......................
-7
Withdrew
Borrower Failed to Provide llmely and/or
.Accurate Documents
,&¢rQ'We.r failed to Tlrn~lv Partlclpate In
Mediation
reason • ma~. 100 cl1aractersl:
••' .Mtdlatlon
Borrower's Re?resentatlve Not Authorized to
""11!e Binding Declalons
.0 Borrower railed to Pay Mediation fee
i]
Furbearance of P1inclpal ·· · · · ·
·
JD
·
•
• M!idl4tlon
•
[O otll'!' (specify· ,~....,1~~~~-~~_:!~~l.:... ~ __ , __
:Berief\'tlary Failed to llmely Participate In
.
Write-off: S
0 Fo~b~a;~nu offe_e_s-an..._d_P~e-na••lt-le-~...,...~
·
·
Write-off:$ _..,,..,....... _ ~ ·
:~e.~~:~:~1~~~~los11rii .•.· . .
l
(] ShortSale.• Oebt/lnterestZeroed
Voiunta~rrer1ef;r
... . .
!
'llenefltl,ry Notlil Good F~W,I
•
0
MJkt Binding Declsl1111t
Benefl,tary fall,:d to Pay Mediation Fee
. .•
·~ltcl~'rj Re.quested Borrower to Waive
Juturq:C11lmJ
,~
(m~lfv.:!"'ax. ~O!>~~ers)l
. :. .
Accurate Documents
Beneficiary Failed to Timely Participate In
Mediation
Beneficiary failed to Pav Mediation FeP.
:O
0 ~~fspecltv,, • ma1C. 10P cbaraetors):
Other (spe,lfy • max. 100 characters):
[.J
I
..for -··Keys------...i
iJ t:,sh
.
. .. ............J
F·~,· Ottier:t,in-ij~i:ittqffAareeii,!i''
1
.·. ·.. .
(see RCW fl.24,lQ 114} and [16)l:
·o·· Benellcl1,y Failed to Provide Timely 1nd/or
8~flclary's fl.epresentatlve Not Authori&ed to
0
Write-off: $
a
l
A«.urate l)dcuments
iJ Forbeilrance of lnteres~
lJ Forbe~rance • Other
J
Borrower FilQ~ to Provide Timely and/or
1C11 ~curate Oottlffltnts
lorroWet Falled lo Ttmely Particlp1te in
Medl~on
'18] Borrower FaUed to Pay Mediation fee
Benaftdar{Nat In Gciod Faith ·
Im BCWtJ H JAA (t4) and (1611:
Beneflctary F~ried to Provide Timety and/or
Write-off:$
I
Cancelled by Mediator per
j: IOI
·Othe~ t_o_a_n.,..~...$--\.1'11(-"t-._re~J""..M.,,
..odi11.. ,. ,. ....
eauo..-n-t
.
mediiltcir)
.
-' • aon(fl ?4Jf.l,1:(11l .
iioiiowtr Hot.~ dioil Fi1iti ·.
lseeRQAiiiJ ?,t;JQllS)):
·o Other (s11et1fy • max. 100 characters):
[) (new loan terms were nol provided la
Mediation Session (specify• mu. 100
t!lara~ters): ,-.--·-..,.,--
\
•(see ,mY &uµp (15)):
"Change:
~~eemenfTnthrd'P.rn>Tfo-
f.0
I
!
Other than the Above
•
-_.i
(specify• max. 100 chiira~_ers_)_:___-,-__
f
··-
. . . ;,.
:.··-:::···
.__,1·.
NET PRESENT VALUE (NPV)
r:t·
··•.•J.· · 1. Were NPV lnmru
....·. ·.· P·•·.ro·· ·v·.id.ed by the beneflc:lary7 (NPV ID1llit1 are requlred; see RCW. 6.1,,2 4,.14.~ (S)(g) and (9)(c))
2. Wn an NPV testtaoa[rtls completed?
··
. rh
...... · · · If YES mli the'atiove ,outcome Is "No Agreement Reached," attach the test (or its description) along with the NPV inputs, Identify who
prepared it, and provide the test result expressed In a dolhir amount. (See RCW §1 ;2063(12){1!))
If NO !rui the above outcome Is "No Agreement Reached,' Include below an explanation as to why there was no NPV test done.
If agreement was reached or no sess!on occurred, there Is no need to attach or describe the NPV test.
:~[13. If YES on que5tion 2, did the NPV of the modified loan exceed the anticipated net recovery at foredosure7 (See R<;W ~ 1.24,J6) (14)(c)I
0
L
COMMENTS
(l'l\ilX; 1,000
charadersl
:.-t. , .. ·. ·..- .
-,..,,.
......",,
.•. -,-.-,. ..-.;;.;.;;._,,.
. .;:__
B
·•
Rhonda H. Summerland
!FullNam~ of Approve
_____
d_M_e_d_la=to-,1-----;«
_...,,,,,,...,._,..,.,,_....;...,;.....;.....,..,;...-
do hereby anm and cenlfy that all the Information In this Mediation Repolt/Cer110catlon Is true ond correct
Page 3435
--
-------
- - - - - - - - -
PROMISSORY NOTE
Page 3436
..;.,
.,
•
•
t
.-
l\flN:100488910099127945
ADJUSTABLE RATE NOTE
(LmOR Six ~Q~p! ,!nde~ (as Published.Ju 1;/~ fflall ~•i
JQt1rtJ,il)- ~te Caps)
2 Y~RAtE'LOCK, 5 'YB~JNt$.BST ONLYPBRIQP
THIS NOTE CONTAINS PROVISIONS TBATWILL CHANGE THE INTEREST RATE AND THE
MON'l'J¥,YPAYMENT.
Washington
(State)
Arllngton
(City)
October (i, 2006
(Date)
11914 167th DRIVE NE, Arlington, WA 98233
(Property Address)
1. BORROWER'S PROMISE TO PAY
In remm tQr a. lo~n. that I have: rc~. lpro~ to ~y.:u;s. S 21M0D~00 (~ Jtnc,µilt is called
"principal"), pl~ in(~ to t)1c Older oftbe L<;ndef, 1bel.ender is New CenturY, Mortgtge Cofl)Orttion.
~ un~d that ilic~<ltmaytmn.sft:rlhu. ~te. The LeJlder~a;i~ne11 who talccs this Note by transfer
and who 1S •entitled to reccive.p~ents urtder thts Note.11rcalled the ~
Holder.
2. IN'l'ERF8T
.
Intmt will ~ Q}uitg¢d i:lii \Dlp;ijd p$ci~ ~
th~ iul(8Qlo11ilt of principllJ JlAA, ~
Plll<f. l wi~ J>a.Y
interest a~ a. yearly ~ ,of' 7~75%; Tti~ inte[JSt ra'°'lwill n.ay W.ill 'change in accordat:ice with Section 4 at'.this
....·
N.•
.. · ...•·nm·
..·.···..
.tato.····
..· ..··...........
•. . 'ired···.·
.. b·1·y·· .thi···s·
. ··.·•·•.S..ecti.··
..·.··.on 2 ··
and·Sectfoti:4
. ·. aY·.·botb.befbte•and
dc~ltcl~ui~ort1(&)of~s~fu.
· · · ·· · · · · is•tl:uftatcI·
·· ·
· wUr,p
·. ·
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3.PAYMENTS
(A) Time and Place of Payments
"fw.Ul p~ µttetest by maldiig a tJ•)'l?ent rJYeiy month. Beginning on the Atnortl7.ation Start Date, I will
pay principal eaoli.
in additicm to interest
month
I will make my monthly payment on the first day of each month beginning onl>ecember 1, 2006 •
I'Will
... ··make·····
.. ·• rnym®.lhlypayments at 1.8400 Von Karman, Suite 1000, Irvine, CA 92612 or at a different
place ifrequire4.'.bytheNote Holder.
•>
~/
.... ,..
•
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NCMC
.
F~ ARMSh:Mcilllh Lmoa
~tOnly Noto {Muhlstoto)
)I.E-440 (OSIOOS)
810 074096781 N 001 001
..,....,___..:.;..::..,,,.....=.....:==::::::::;:;::.._.:.;._.:;::_;_..:,:;_
Pagel ors .
Page 3437
1009.9127.94
~
•
•
.
(B) Amount of My Monthly Payments
Bach of my initial monthly payments will be in the amount of U.S. $1,321,63 • This amount may change.
(C) Monthly Payment Cllnnges
. .~.fn~~y~ymeistwiJ,l;reflii«Jtcha11S~iJI~ ~
~
()f.#llf.~~intbeui~
11lte Ut.atl mustpy. The Note Holder' wil.l d.etetm.in~ my new iJltcrest rate end th&i changed amount of my mo111hly
pa)'mCQt in•a~ce with.Se¢tion 4 oftl:li$. Note. ·
(D) Withholding
Iflim a non-residenhliettiZ:undei$tantl'.~,.an payme~t$ 4U¢ ~de1\~ l>e paid ~out ~ctli:>~
fQ~~ •s,.de~otions or :witbhQldfng of !@Y. J1a,f;um. .If sucb•~ deducqo11_Qi' witlihot~g is required by any.law
to tie fuade: 1roiri any .·. ymciittc>'tbe Note HoUlci:, hhall contimie 10
this Not!) in ac«>rdai:1c:e WiUl th(} tertns
hereof;
aucb tieim
that the~
received
bad· no· such
tax,
deduction
or
withholding
rcqiitre1:tHolder, ·will
···· ·xecefvc
··· · ·SDCb.
· ·· amount
· ·· ·· ·asit
·· would
· · >~e
·
· •
·· ·
· '
·
· ··
· 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
',;be ipte~h:ate I willpay may c;liangc on tb~ firstdayof November, 2008 and oii the sam~ day of:eveiy
6th mo11th ~ r . &ich da,e 911whlch my interestiafc (:OQ}dchange;is called an •~:tlatc ~
Da!e."
(B) The Index
tbtt.lnt~- ~fe-· . ~ .Dllte, iny\in~ i'll~_Will ~ based. on. an l?id~.plus ~
• -B~ng widi.the
Thl ~dox11 fs. lb!, ~gc of intmbank 9£&ied .mtes. for six"111onth dollar depQsit$ in the London market
inargm;;
~g~&J\=~a~:z:~=~:~r:~;~cZ1=~~n\t·~~~~·~~c,001lii
~C.unintJndex,
is called 1)i.O
Ne
.
.,.,
..
. .
. .. .
. .. ' . . ·. .. .
•
' •
no lo~er •~ital:!~ tb,c Nerte H~lder will choose a new index that is based upon compuable
Itthe ~u
infonnatlon. TheNdte HolderwiU,givifmonoticeoftbis choice.
(C) Calculation of Changes
Flve.H.,~~==eC:,~=0~'==~~~~~1:1tr;;rz:~~~
to. ~e. ne
....lisijowifwilfhe
c:m·'..·e-cig]i.tlth.of.·
0111. n...eroen.
· .· ratepo....until
int.. (.0
.•.125%
.....
~.'.· Su
. ·· ·bj·ect·
·•· ....•~'the.·
...Jimi·ts·Date;
J~.-· tq secuo1;14CP).
~ed
inynew'futerest
tho
ncxtmte.:est
~
Chang¢
· belp;w, tWJ
.:sta·
..
ta.ge...
.. .
am
•·····. t•.
.
~
tn~~l
November
l,. ·o·. 2011, called
•Anto~on.
~.. . ·..o11d· ·jr.~)juring
thete··.·.··:•o·f.,
m·•· ·. :rn:e_•.•e·.···.r•·•..,·.··
·.·o·•.n·ly.. P
. ._en•····
·.·.·.".'. I-.~.n •. ·. ·.·t&
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. :.•.···"..-.:·is. .s~
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. ··O.·•.m:·.. '..
N
.. to..·•.
: tlir9uf
.
0
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erest·o·n···~.i.•.·.11&;,wo.
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... . •~.,
~.
(1) ~or.
mtCM,${
at :PJents
~~1-~OlJli>lf~lo
~
ratb. "t&e'~t
ca1®lation
wiU be the
· BP);Q~t ofmy. !llODthly pa»n=tllitffl changed.
~
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NCMC
Flxad/ ARM Six Month tmOR.
Jii~cst Only~o (Multlstato)
P~go2ofS
1UM40(051005)
Page 3438
1009912794
···.o.
•
(D) Limit on Interest Rate Changes
Tlleint~~l'1111~u~·topJJ!i,t~.~·~cpatinr,1.1,Ji().t~¢';~~9.27s%<>rie.,s~
7.27Si¾,, ~fter, my intcni$(-ratcwill never bo increased ordi:cn:ascd on,any;!,inglt Interest Rate~ Dato
bym~·tluin()Jl~~~o,~oha\f~ta~po~(l;S~)ftomtbenJ~.Pfit1ter~~Jbavebeenpayingfll,r:thi,
ptccedirl;monlh. My intlRsttatewallnevcrbcJrellter,than14.275% or less than 7,275%.
(E) Effective Date of Changes
J-1y~C\V, ~rest rate ~ltb~~ ~
011 ~hio~ Raio ~BB :Oii.te. I will pay.~ ~untof
my new montlily ~cntbo~ on tbd}rst.· monthly ~entdiltc a.f'tet:tho InterestRilto Chante Patc11ntU th*
.~ount of niy ttl()ntJ,tly,paymont~e:i11g1m.
(F)Notlce ofChnnges
The~tcHoldei-witl'de~~~.to·.mcJan9~cic~~ c:hmge$iiunyi~,ra1fandJlioamc>untdf
·~~mm:=~~~~~r~~&#n~g:~wei?ff~:~~~==~
questions l1Jl8.f:havere~ii:ig t)iir~:. ·
· · · ·· · ·.
··
·· ·
5. BORROWEll1S RIGHT TO PREPAY
.l h~ the right (Q - 11 pa.yrg!illts ~t pritJc~l at any time ®~ ·~ are duct. A P.!-)'IBent cd'J>rwc~
only ls known as a. 11.prepaymcnt.
·When! malce a pn:pa.pnent;J will tclUbe Note Holder in wrn.mg that l atD cknrig
so.
. .
... ,
..
,
6. LO.AN CJIAllGES
If alaw; whiclt'applics tothi$ loan iud which s e t s ~ lo4n. ~s,
ill. finally int~ so that~
.
Ul~ ot. othei:1~ (:b,aigCS col,lcct¢ ot tlf~e~ll~~!! in conn~~Wlth·tliJS loan~- tlic p~c¢ limits;
then: (i) any auch tom charge sba1l be mlli~ by ,the amountneceasaryto rec1uct •. ~.tc> .the ~ed limit;
JQd (µ')·~- SUD1$ already c,onected ~
m~ whi~ ~ e d petmittid limits wilt be refimdodJo me. the Note
Holder~ay obOQSe to make, tbls i'Jifund-bx ffll~ @:~paU owe·~ ~is ~e
tll' •lly ~ng a d~t
paygient to.~ J{!t~f\i~~.re4\!c:les:~Pal,tllereductionmtibe,twted ~•~! FCP3:yment.,
NCMC::
Fixed/ ARM Six Month LJBOR.
Iniaest OIIJy Noto (Muldswo)
RE-440 (05100S)
Pqo3 of5
Page 3439
100!1!>127!)4
-
..
'.'I:
•
7., BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
. . . IftheNe>te lfolder has notrecetvcd tc mU 8Dl01lntof~y monthly paym=t by the end offifteen ~Cil4ar
daysaftcr tbe date lt is duc;l will pa)' a late cliarge to the Note Holder. The amount of the cbarg~ WJ1lbc; 5,QOQ% or
$5.001 wbichcver is greater of myQmut'I ~Qnthly p!\yment. I will pay this late charge promptly but only once on
each 1ate
payment.
·
(B)Default
IfI do not pay the full amount of each. monthly payment on the date it is due, I will be in default.
(C) Notice ofDefault
Itl:'1Dl in 4etl!'11t ~e~oto H9lclet ~
scad tne,wrltton notice tell~ :e•tliat
ffldo uo?:y tbe qvetdue
=:!::a~~1r~=:l:!r~:~:u~~:.:~~J11~~u:;~~~:
which the notic,e is delivered«~ to. met
(D) N_o Waiver by Note Roider
·
1
·.*. .·.·
.·. i. ~.at..
ti. . m.,.•. o··•.wb
..!m·•·l•.··am·.Jn
dcfau
. ·. l. t.tblS
.the..r:ig)ltto.
N. Ho·l··d·
....... at
meato
paytime.
immediately in full as
described.B·[Yffl·
aljovl!!t
~.aNote
Holcfet.:will
st11l~ve
do soerifdoes
I amnot~
in def1UJlt
later
·.u:e··.
.
(E) Payment of Note Holder's Costs and Expenses
~ve. the~~~··~o~;~i:•=::nto,iisi=!:l~afu":•a;:~1: ~o:.,H ~':!
proliibitedljyappUcatilt;I~. · ~ ~~es.~u(tl), fQt'~lf,~~pableatt!>l'nc)'I' ~
8, GIVING Oli' NOTICES
=mg
Ui.·~••.····.',,·th.·. e.;N
. . O~:·Ho·.
·. ·•·.·.•ldet• .•re··•· -· ·.--·. ..it.··.eu.·.-.. :c:lihre.·
·. 1.1t ~~d. ~Y
..·~ticc that must be en .!Q the N.o·te. .Holder
...
UndCJ:' tbis Note will " gi:yetl by
it by first class mail to tht Note Holder at tho addiess stated .bi Section
g r•v , .
3(A) above.orata ~t1iddl$ itl·•iJ;l giv.im a~<>~ofthat different address.
9. OBLIGA'l10NS Oil' PERSONS UNDER !!'HIS NOTB
~vu.also~.·•~. :::.~:s.·. ::. thili·.
::.t····. ·~.y-.~.:-.•.:r
. ·. · •· . .·.p·. ~-i
.~ . :sthest,
.-.. ~.is.-··a~.·tbe.'.···
.p~~i~iai~~:.ir.-:.
mdoiser
MY p~
0
~
(It
of thisl"lotc is
~
h:
..·.·pa;.:~.;.th
..
oblipted to c1o- .llieso
•.··.·An
. ··•·.J',.
whQ tak~s Qvcr
obligati~
ln
. ·.ctutiing··
. .in
·: .· .tliis
thc. N~;
o.·.~.U
. ··gat1·ons·
.·.·.o•f.. a
...~
·,· .·.···· . , sun:ty
. ··. ··~ .·.. :·.Qr·.·····cn
..... .its
doi..s·ngQ1$
. ·«
. · .of. un)icr:t1Ji$.
otc.
..tl:..·.. ,·..·.•~Qt~;=
1>11·· .· .·.-.tec1•·~ ·.•·.kc.·.•cp.
.....··o.tthc.·. . ~
•· ·.·. ·. ·.•·._.
-.-·.· ·•
ma4e.
'ffie:N:Qw.
&ld.cx:;m.ar
~··.·.ill•.-.·
n
~vi~iOl'
amount owmtundQt .this
l-lote. - ofus·toget~. ·• 1111s
.
... ·.· ·.. ····•·· ... ·. . .. .· . . .. required
.
..pay
·. ·.
ajjlilnsttldl
m~tbatany one otuunay be
th
..
i i..
• ···.·.~.-.·•
i··
•..
1i·.··.a1so.·
•·.·•.
to··
..
to all-oftbo
o.
10. WAIVERS;
I !iDCJ ~y o~m.: p ~ who has obliglltions uncJer tl1is ~ote wam.the ~
of Presentment mct Nciti<i¢ of
Dishone>!•.imd tiirthcr waive.all mUefunderani valu11tiQ11' a~ ap~lalmlimt Ji.ws. ·•~"
m~ 1pc,.J:i@t to
NCMC
P~ed/ ARM Six MDlllh Lmon,
lii~Oil!Y~ote (Multistato)
lU!-440f5l005)
P11go4of5
Page 3440
1009912794
•
•
•
.
11. GOVERNING LAW SECURED NOTE
M
. .. This Note is.8°-Vtirn~ ~Y ~e@l law:&lld·~ law o(~juris~.tl~]n wllioh the p~opertyencunibeted ~
Instnuneo1 (as ~bclmv) islocatcct In11ddition to the·prot~!>JlS giv!:11 to. t6eNot\l Hol.deomder
)his Not.¢ .a M<>maAt; PeectofTtu$tor, SegD.ecd {~ "Security msfmment''), dat~ tbuamc da:te Q i)rlfijote
the ~
fi:r'ni~r:::; ~~~;;:::t:=~~~~~tr=y~~!•ur:~,:~=
1
payment in full of all amounts I owe under this Note. Some of those condatiom-ore dcsortfflt'oltows:
TranJ.fer tf tlte Pl'(lpenf or a Bene,tc:Jaflo
. ·. ~rest. .·hl l3orrower, .ItaU or any p~. o.fthe .,ro.·•.perty.,···. or any
interest in it iasold or ti'ansfctml (or it a btneficial interest' in Bbiti>wer is sold or ttansferteid ind Bott0wct is not a
. ~~
witholltµmd~spnor writtm conseiit,Lender~ay. itUs.op\i~n, rcquke immetil11.te~vment in tuJl
ofall sums secured DYthis Seounty ~
~
·. tliii · tioUhallnot be cxcioised'byLenderlfcxereise ii
p~m,d by~~ as of~ d#c ()ftbis $ecuriti~m~ ·· · · · ···· · · ·· · ·· · ··· · ·
·, · ·
It' Lander exm'Q'8es this optiol>t J.ender shall give ~ - notice of acceleration. 'Ibo, notice shalt
a pctjod ofnot 1~ 1,h~, 30 day~ fri>~ ~ ,~•te tb~ tm~~>~'~ijv~d opmilec1 ~thin which ~Wl?1'
01ust.~ all sums se
..· oun,d b.ytbis,Becuntf llmmont. .If BOITI>wer fails... to.pay thmesu.ms.,
to thtt exptration of
~
,ttds'
~
J;.en.der ma, ~oke. ~
demd
ou:aorrowet.
prior.
· ·
r¢an~.
pemritted by this· S~t.y l'mb:mnl'Ot with011t tmther n~cc or
·
·
· · · · , ··
CAUTION
IT IS IMPORTANT THAT YOU THOROUGHLY READ THIS NOTE BEFORE YOU SIGN IT.
WITNESS THE HAND(S) AND SEAL($) OFTHB UNDERSIGNED
..· . •· .·· .e. . · ·. ·.·•· ·
~ 7iiiiierili~i"~
.
·.
'~.
'
.
. .
.
-J,3orrower
.;Boirower
-Borrower
-Borrower
~Borrower
-Borrower·
(Sign Original Only)
NCMC
.
Fixed/ ARM Six Month LIBOR
lnllllllst Only Noto (Mult!stato)
RE-440 (0S1005)
Pago5 ofS
Page 3441
1009912794
>d'/ to tho order of, without recourse
.f!.~•
Nagy
\f.~ ~
ent
• Managem
Page 3442
DECLARATION OF HOLDERSHIP
Page 3443
DECLARATION OF OWNERSl·HP
Re:
Loan Number:
0013468632 ; CHRISTOPHER LARSON
Under penalty of perjury, the undersigned hereby represents and declares as follows:
I am employed as Document Control Officer ror Select Portfolio Servicing, Inc. I am duly authorized to make
this declaration on behalf of:
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
1) Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007- HE2
Hereby known as beneficiary.
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
Stanley ABS Capital I Inc. Trust 2007-Hl:2, Mortgage Pass-Through Certificates, Serles 2007- HE2
2)
is the actual holder of the Promissory Note evidencing the above-referenced loan.
3) The Note has not been assigned or transferred to any other person or entity.
4
13eneficJary unde~nds tha.Hi,e tT;1,11{l~Jq~lpsing the good oftro~ ~ecurlng the above-referenced
l~n will rely upon this Deol.31"ittiol)bet9re l~IJiQg the noti(le of tru~~'.~ sale.
)
Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Morgan
Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-Through Certificates, Series 2007- HE2
~•G?•
.:D
C ' ·.·. -'.
Dated: ..•
By:
.
.
....... .....
..
.
lina Martin, Document Control Officer
Page 3444
DEED OF TR. UST
Page 3445
200610110833.001
j.
RetumTo
New Century Mortgage
Corporat1on
18400 Von ltazman, Ste 1000
Irv1ne, CA 92612
Assessor's Parcel or Account Number 005514-000-0&9•00
Abbrevl8tedl..esaJDescnpt1onL0r 89, PLAT OIi' RAINBOW SPRINGS, VOL. 19, P
(lacludc lot, bloct and plat or
-II.
IOWIISblJI and range)
32-33.
Full legal descr1puon located on page 16
Trustee ll'Il\S'r »amICAH T:tfl.E
Add1t1onal Grantees located on page
- - - - - - - - - - t S p a c e Abcnle'flul Uae For Rttorcl111cDat11-----------
DEED OF TRUST
00 / '33
MIN10048B910099127945
FIRST AMERICAN Ct( ((o1 (1DEFINITIONS
Words used ,n multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21 Certain rules regarding the usage or words used m Olis document are
also provided 1n Secbon 16
(A) "Se:urlty lnstnmeat" means this document, which IS dated OCtober 6, 2006
together with all Riders to this document
(B) "Borrower" 1s Ch.r:utopher B Larson, A Marr1.ed Nan as H:a.1 Sola anC, Separate
Property
·
Borrower 1s the trustor under tlus Secunty Instrument
(q "I.ender" 1s New century Mortgage Coz:porat1on
t.· .• .•
WASHINOTOH-S1ngle Famdy.funle M• e"11!ddle Mac: UNIFORM INSTRUMENT WITH MERS
c.ll.:M(WA. IC0012)03
. Page 1 of f 5
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1009912794
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200610110833,002
Lender 1s a Corporat1on
organized and existing under the laws of Cal:i.fornu
Lender's address 1s 18400 Von Karman, Su1te 1000, IrV1ne, CA 92612
(D) "'Irustee" 15 l!'IRST AMERICAN TITLE
"MERS" 1s Mortgage Elcctroruc R.eg1strat1on Systems, Inc MERS 1s a separate corporation that 1s
ac11ng solely as a nonunee for Lender and Lemler's 5111Xessors and assigns MERS Is tbe benefidary
under this Security Jnstniment. MERS IS organw:d and ex1stmg under the laws or Delaware, and has an
address and telephone number of PO Box 2026, Flint, Ml 48501-2026, tel (888) 679-MERS
(F) "N.-e" means the promissory note signed by Borrower and dated October 6, 2006
The Note states that Borrowerowes Lender TWO HUNDRED IICKTEER TBOUSAHI:) AND 00/100
Dollars
CU S S218,000 00
) plus incercst Borrower has prormsed to pay this debt m regular Penod1c
PaymenlS and to pay the debt m full not later than 11/01/2036
(G) "Property" means the property that 1s descnbed below under the heading "Transfer or Rights in Ille
Property.
•
(H) "Loan" meaM the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under tlus Secunty Instrument, pl11& interest
(I) "Rilers" means all Riden to this Security Ins1r11mea1 that are executed by Borrower 111c following
Riders are to be executed by Bonower [check box as applicable)
(E)
~
§
A~ustable Rate Rider
Condom1mum Rider
~
Balloon Rider
. · Planned Umt Development Rider
VA Rider
· · · Biweekly Payment Rider
Second Home R"ler
1-4 Family Rtder
Other{s) [spec1fyJ
Prepayment lb.dear
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordmances and ad1JUrustra11ve rules and orders (that have the effect of law) as well as all applicable final,
non-appealable jUdlCtal op1111ons
(K) ''Community Assoc1atlon Dues, Fees, and Aslessments" means all dues, fees, assessments and other
charges that are imposed on Bonower or the Proper1Y by a condominium association, homeowners
assoc1at1on or similar organ1zat1on
(L) "Electronic Funds Transfer" means any tramfer of funds, other than a transaction ongmated by
check, draft, or similar paper 1nslrumemt, winch 1s 1nillalCd through an electroruc temunal, telephonic
mstrument. computer, or magne(ic tape so as to order, instruct, or autbonze a financial mst1ruuon ro debit
or credit an account Such term includes, but 1s not Jurutcd to, point-of-sale transfers, automated teller
machine transactions, transfers 1ruuated by telephone, wire transfers, and automated clearinghouse
transfers
(M) "Escrow Items" means those items that are dcscnbed 1n Section 3
(N) "MisceUaneous Proceeds" means any compensation, settlement, award of damages, or proceeds patd
by any third party (other than insurance proceeds paid Wider Ille coverages descnbed in Scc11011 5) for (1)
damage to, or destructmn of, the Property, (11) condemnation or other taking of all or any part of the
Property, (111) conveyance m lteu of condemnation, or (1v) m1srepreseutat1ons of, or offllSSIOJIS as to, the
value and/or cond1t1on of the Propeny
(0) "Mortgoge Insurance" means insurance protecting Lemler aganL'lt the nonpayment of, or default on,
the Loan
(P) "Periodic Payment" means the regularly scheduled amount due for (1) pnnc1pal and interest under the
NOie, plus (11) any amounts under Secllon 3 of this Security Instrument ~~ ·
•
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200610110833.003
of record Borrower warrants and Will defend generally the title to the Property against all claims and
demands, subJccc to any encumbrances of record
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with lnrutcd vanabons by Jurisd1ctron to constitute a umrorm secunty mstrument covenng real
property
UNIFORM COVENANTS Borrower and Lender covenant and agree as follows
1, Payment of Prtnelpal, Interest, E.urow ltems, Prepayment Cbtrges, alld Late Curget.
Borrower shall pay when due the pn11C1.pal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note Borrower shall also pay funds for Escrow Items
pursuant to Section 3 Payments due under the Note and tins Secunty Instrument shall be made in U S
currency However. 1r any check or other tMtrument received by Lender as payment under the Note or this
Security Instrument 1s returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made 1n one or more of the following fonns, as
selected by Lender (a} cash, (b} money order, (c) certified check. bank check, treasurer's check or
cashier's check, provided any such check 1s dnwn upon an 1nst1tut1on whose deposns are insured by a
federal agency, instrumentality, or entity, or (d) Electronic Funds Transfer
Payments are deemed :received by Lender when received at the location designated 1n the Note or at
such other Jocauon as may be designated by Lender 1n accordance with the 11011ce prov1s1ons 111 Seeuon lS
Lender may rehlm any payment or partial payment 1f the payment or partial paymcnls are 1M1ffic1ent to
bnng the Loan current Lender may accept any payment or partial payment 1nsuffic1ent to bnng the Loan
current, w1theut waiver of any rights hereunder or preJud1ce to its nghts to refuse such payment or partial
payments 1n the future, but Lender 1s not obligated to apply such payments at the lime such payments are
accepted If eacb Per1od1c Payment 1s applied as of 1ts scheduled due date, then Lender need not pay
mten:st on unapphed funds Lender may bold such unapplu:d funds until Borrower makes payment to brmg
the Loan current If Borrower <Ices not do so within a reasonable penod of llme, Lender shall either apply
such funds or return them to Borrower If not applied earlier, such funds will be applied to the outstanding
pr1nc1pal balance under the Note 11nmed1ately pnor to foreclosure No offset or claim wh1cb Borrower
might have now or tn the fulUre agamst Lender shall relieve Borrower from malong payments due under
the Note and this Security Imtrument or pcrfomung the covenants and agreements secured by this Secunty
lnstrumem
l. Appllcatlon or Payments or Proceeds. Except as othciw1se dc:scnbed ID this Section 2, all
payments accepted amt applied by Lender shall be apphed m Che following order of priority (a) interest
due under the Note, (b) pnnc1pal due under the Note. (c) amounts due under Section 3 SUcb payments
shall be applied to eacb Pmod1c Payment m the order m which 1t became due Any remammg amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note
If Lender n:ce1ves a payment from Borrower for a dehnquenl Penod1c Paymenl which mcludes a
suffit1ent amount to pay any lale charge due, the payment may be applied to the delmquent payment and
the late charge If more than one Penod1c Payment 1s outstanding, Lencler may apply any payment received
from Bom>wer to the repayment of the Penodtc Payments 1f, and to the extenl that, each payment can be
paid 1n full To the extent that any excess exists after the paymcnl 1s apphed 10 the full payment of one or
more Pertod1c Payments, sucb excess may be applied to any late charges due Voluntary prepaymeacs shall
be applied first to any prepayment charges and then as descnbed 1n the Note
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to pnnc1pal due under
the Note shall not extend or postpone the due date, or change the all'lOUll(, of the Per1od1c Payments
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Per1od1c Payments ~ clue
under the Note, until the Note 1s paid ID full, a sum (the "Funds") to provide for payment of amounls due
for (a) taxes and assessments and other items which can attain pnonty over thts Security Instrument as a
hen or encumbrance on the Propeny, (b) leasehold payments or ground rents on the Propeny, 1f any, (c)
preimwns for any and all 1nswancc required by Lender under Section 5, and (d) Mortgage Insurance:
prenuums, 1f any, or any sums payable by Borrower to Lender 1n heu of the payment of Mottgage
! ~ premiums in accordance with the prov1s1ons of Section JO. ThC!iC
are calle<I •~w
nems
Jtems:•At. 9-ng.•.nation or at any ttme dunng the tenn of the Loan,
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foffll 3.048 1101
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- 200610110833.004.
(Q) ''RESPA" means the Real Estate Settlement Procedures Act (12 USC Secuon 2601 el seq) and its
I
I
1mplemen1ms regulation, Regulation X (24 C P R Part 3500), as they might be amended from lime ro
time, or any add1t1onal or successor Jeg1slat1on or regulation tbal governs the same subJect matter As used
m tlus Security Instrument. "RESPA• n:fm to all requirements and restnct1ons dial are imposed 1n regard
to a "federally related mortgage loan• even 1f the Loan does not quahfy as a "federally related mortgage
loan" wider RESPA
(R) ''Suceessor in Interest or Borrower" means any party thal has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Secunty Inwument
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of tb1s Security Instrument 1s MERS (solely as nominee for Lender and Lender's
successors and assigns) and the successors and assigns of MERS This Secunty Instrument secures to
Lender (1) the repayment of lhe Loan, and all renewals, extensions and mod1fica110ns of the Note, and (11)
the performance of Borrower's covenants and agreements under Ibis Security lnstrumcnl and the Note For
this purpose, Borrower irrevocably grants and conveys to Trustee, m trust, with power of sale, the
following described pro~-.~.·
.... ·· the;
COWi ty
(Type or Recording lunsdK:ClOn)
of
S.9•• "'.,;:>()I) h .
(Name or Reconhns JurudlCIJOol
See Legal Descuptl.on Attached Hereto and Made a ·Part Bereo!
.......~
~
···
..
···.·.·.
Parcel ID Number oossu-ooo-oe9-00
1191& 167tll I>llVE NE
Arlington
("Property Address")
which cummtly has the address of
lSlreCII
1cuyt , Washmgton 98233
(Zip Code)
TOGETHER WlTII all the 1mprovcmenu now or hen:after erected on the property, and all
casements, appurtenances, and fixtures now or hereafter a pan of the property All replacements and
.additions shall also be covered by lh1s Security Instrument All of lhe foregomg as referred to m thts
Secunty Instrument as lhe "Property • Borrower understands and agrees that MERS holds only legal tatle
10 the mterests granted by Borrower m this Security lastrumenl, but, If necessary to comply wllh law or
custom, MERS (as nomtnee for Lender and Lender's successors am1 asstgns) has the nghl to exercise any
or ·a11 of those 1nlcresls, mcludmg, but nof limited to, lhe nghl to. fo.rc:clQSC 800 sell the Property, and to
·.u«~ any acnon fl.!!llllred ot Lender mclud1ng, but not lumted to, ~e3:,1ng and canceling this Security
lnstrumenl
BORROWER COVENANTS that Borrower 1s lawfully se1sed of the estate hereby conveyed and has
lh~ngh.•.·.
i
'°~
. •and convey~ Properfy 800 Ulat the Propmy 1s :~~~cep1r1:;:}~
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200610110833.005
Assoc1at1on Dues, Pees, and Assewnents, af any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item Bonower shaJI promptly furnish to Lender all notices of amounts to
be paid under dus Section Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's oblJgallon to pay the Funds' for any or all Escrow Items Lender may waive Borrower's
obhgatmn to pay 10 Lender Funds for any or all Escrow llems at any time Any such waiver may only be
an wnllllg In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for whach payment of Funds bas been waived by Lender and, af Lender requires,
shall furnish to Lender receipts evidencing such payment w1thm such tune period as Lemler may reqwre
Borrower's obhga11on to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained an lh1s Sccunty Instrument, as the phrase "covenant and agreement"
1s used in Section 9 If Borrower 1s obligated to pay :Escrow Items directly, pursuanl to a w8Jver, and
Borrower fads to pay the amount due for an Escrow Item, Lender may exercise its nghts under Seclton 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given m
accordance with Secuon 15 and, upon such rcvocauon, Borrower shall pay to Lender all Funds, and m
sucb amounts, thal are \hen requtred under th111 Section 3
Lender may, at any tame, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the rime specified under RESPA, and (b) not to exceed the maxmwm amount a lender can
require under RESPA Lender shall estimate the amount of Funds due on the basts of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise m accordance with Apphcable
Law
The Funds shall be held m an msunmon whose deposits arc insured by a federal agency,
anstrumentahl)', or entity (mcJudmg Lender, ,fl.ender ,s an mst1tu11on whose deposits are so msured) or an
any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the ti.me
specified under RESPA Lender shall nol charge Borrower for holding and applymg the Funds, annually
anal}'Zlllg the escrow account, or venfymg the Escrow Items, unless Lender pays Borrower ,merest on die
Funds and Applicable Law pennats Lender to make such a charge Unless an agreement 1s made in wntang
or Applicable Law rcqu,~ interest to be paid on the Funds, Lender shall not be required to pay BorTower
any mterest or earnings on lhe Funds Borrower and Lender can agree an wnting, however, that interest
shall be paid on che Funds Lender shall give to Borrower, without charge, an annual accountmg of the
Funds as reqtJ1red by RESPA
If lhere 1s a surplus of Funds held an escrow, as defined under RESPA, Lender shall accounr to
Borrower for the excess funds m accordance wllh RESPA If there 1s a shortage or Funds held 1n escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage m accordance with RESPA, bur m no more than 12
monthly payments Jf there is a deficiency of Funds beld m escrow, as defined.under RESPA, Lender shall
non(y Borrower a.1 required by RESPA, a,nd Borrower shall pay to Lender the amount necessary 10 make
up the deficiency m accordance with RESPA, but an no more than 12 monthly payments
Upon payment an full of all S11ms secured by thlS Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender ,
·
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and 1mpoS1Uons
attributable to the Property which can attain pnonty over this Secunty Insuument, leasehold payments or
grou.nd rents on the Property, af any, and Comm11n1ty Assoc1at1on Dues, Fees, and Assessments, 1r any To
the extent that these items are Escrow Items, Borrower shall pay them m the manner provided m Section 3
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Borrower shall promptly discharge any hen which bas pnonty over tlus Security Instrument uni«:$
Borrower, (a) agrees In wnt1ng to the payment of the obligation secured by lhe hen an a manner acceptable
to Lender, but only so long as Borrower as pcrf'onnmg such agreement, (b) contests the hen in good fatth
by, or defends agamst enforcement of the hen 111, legal proceedings which m Lender's opuuon operate to
prevent the enforcement or the hen whale those proceedings arc pending, but only unnl such proceed111gs
are concluded, or (c) secures from the bolder of the hen an agreement satisfactory to Lender subordinating
the hen to lh1s Seamty Insuument If Lender detennmes that any part of the Propeny 1s subject to a lien
wli1ch can auam pnonty over this Secunty Jns1rument, Lender may gave Borrower a notice tdent1fy1ng the
hen Within 10 days oflhe date on which that notice is g,ven, Borrower shall sau,ty the hen or take one or
more or the actions ser forth above an this Section 4
Lender may require Borrower to pay a one-tune charge for a ~, estate tax verification and/or
rcportmg servu:e used by Lender tn connection with llus Loan
S. Property Insurance. Borrower 51\all keep the 11nprovements now ex1St1ng or hereafter erected on
the Property msurcd agautSt loss by fire, hazards included w1th111 tile tenn •extended coverage,• and any
other hazards mclud111g, but not luruted to, earthquakes and floods. for which Lender requires msurance
1b1s insurance shall be mamta1ned ,n the amounts (1ncludmg deductible levels) and for the periods that
Lender requires What Lender requires pursuant to die precechag sentences can change during the term of
tile Loan The insura~e earner prov1d1ng the insurance shall be chosen by Borrower subJect to Lender's
nght to d1Sapprovc Borrower's choice, which nght shall not be exercised unreasonably Lender may
require Borrower to pay, m coMect1on with thi.s Loan, eilller (a) a one-tune charge for flood zone
detenmnat,on, cert1ficat1on and tracking semces, or (b) a one-time charge ror Oood zone detemunat1on
and ceruficallon services and subsequent charges each tune remapp1ngs or s1m1lar changes occur wb1ch
reasonably might affect such detemunauon or cert1ticat1on Borrower shall also be responsible for tbe
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone detemunallon resulting from an obJect1on by Borrower
If Borrower fails to mamta.m any of the coverages dcscnbcd above, Lender may obtain msurancc
coverage, at Lender's option and Borrower's expense Lender under no obhgat1on to purchase any
pan1cular type or amount of coverage Therefore, such coverage shall cover Lender, bUf might or might
not protect Borrower, Borrower's eqwty m the Property, or the contents of the Property, agamst any risk,
hazard or bab1llty and might provide greater or lesser coverage than was pl'CVlously in effect Borrower
acknowledges that the cost of the insurance coverage so obtained might Stgmficantly exceed the cost of
insurance ihat Borrower could have obtained Any amounts disbursed by Lender under this Secnon 5 shall
become add1t1onal debt of Borrower secured by this Security Instrument These amounts shall bear mterest
at lhe Note rate from the date of disbursement and shall be payable, with such mterest, upon notice from
Lender to !3<>rrower n:questmg payment
All 1n.wrance policies required by Lender arul renewals of such pobc1es shall be subJcct lo Lender's
nght to disapprove such pohc1es, shall include a standard mortgage clause, and. shall name Lender as
mortgasce:and/or as an add1t1onal loss payee Lender shall have the ngbt to hold the policies and renewal
cemticates' If Lender requires, Borrower shall prompdy give to Lender all receipts or paid premiums anc.l
renewal notices If Borrower obtains any form of msurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause IUld
shall name Lender as mortga&ee and/or as an addmonal loss payee
In the event of loss, Borrower shall give prompt notice to the insurance camer and Lender Lender
may make proof of Joss 1f not made promptly by Borrower Unless Lender and Borrower otherwise agree
an wn11ng, any insurance proceeds, whether or not tl1e underlying msuranee was required by Lender, shall
be apphcd 10 restoration or repair of the Property, af lhe restoration or repair 1s cconom1cally feasible and
Lender's secunty 1s not lessened Dunng such repa1r and restoration period, Lender shall have the nghl to
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hold such insurance proceeds until Lender bas had an opportunity to inspect such Property to ensure !he
work has been completed to Lender's sat1sfac11on, provided that such 111spect1on shall be undertaken
promptly I.ender may disburse proceeds for the repairs and restoration an a single payment or 1n a senes
of progress payments as the work 1s completed Unless an agreement 1s made an wnt1ng or Applicable Law
requires interest to be patd on such insurance proceeds, Lender shall not be required to pay Bonower any
interest or earnings on such proceeds Fees for pubhc adJUSlers, or other thud partics, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obhgat1on of Borrower If
the restorahon or repair 1s not economically feasible or Lender's security would be lessened, the insurance
J)l'OCeeds shall be applied to the sums secured by lh1s Secunty Instrument, whether or not then due, with
the excess, 1f any, paid to Borrower Such U1Surance proceeds shall be applied m the order provided for m
Sccllon2
Ir Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related maitcrs Jf Borrower docs not respond w11h1n 30 days to a notice from Lender that the
insurance earner has offered to settle a claim, then Lender may negotiate and settle the claim The 30-day
penod will begin when the nonce ts given In either everu, or 1f Lender acquires the Property under
Section 22 or otherw1SC, Borrower hereby assigns to Lender (a) Bonower's ragbts to any insurance
proceeds 111 an amounl not to exceed the amounts unpaid under the Note or this Secunty lll'ltrurneot. and
(b) any other of Borrower's rights (other than lhe nght to any refund of unearned prem1wns paid by
Borrower) under all 1nsuraru:e policies covermg the Property, msofar as such nghts are apphcable to lbe
coverage of the Property Lender may use the insurance proceeds eteher to repair or n:storc the Property or
to pay amqunts unpilld under the Note or this Secunty Instrument, whether or not then due
6. ~pancy. Borrower shall occupy, estabhsh. and use the Property as Borrower's pnnc,pal
residence w1d11n 60 days after the execution of dus Secunty Jmuument and shall contmue lo occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
othclw1sc agrees in wntmg, which consent shall not be unrea1SOnably w1thbeld, or unless extenuatms
circumstances exist whteh are beyond Borrower's control
7. Preservatlon1 Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property Whether or not Borrower ts rtSldmg m the Property, Borrower shall maintarn lhe Property in
onler to prevent the Property from detenorating or decreasing 1n value due to us cond1non Unless 1t 1s
deternuned pursuant to Section 5 that repair or restorauon 1s not economically feasible, Borrower shall
promptly repair the Property 1f damaged to avoid further dctenoralton or damage If insurance or
condemnation proceeds are paid 1n c0Mcct1on with damage to, or the taking of, the Property, Borrower
shall be responsible for repamng or restoring the Property only 1f Lender has released proceeds for such
purposes Lender may disburse proceeds for the repairs and restoration 1n a single payment or 1n a series of
progress payments as the work 1s completed If the msurance or condemnauon proceeds arc not sufficient
to repair or restore the Property. Borrower 1s noc relieved or Borrower's obhgat1on for the completion of
such repair: or rcstoratton
Lender or ns agent may make reasonable entries upon and 1nspect1ons or the Propeny If 1t bas
reasonable cause, Lender may inspect the mtcnor of the improvements on the Property Lender shall give
Borrower noltce at the ume of or pr10r to such an inlenor inspection spcc1fy111g such reasonable cause
8. Borrower's Loan Application. Borrower shall be m default ,f. dunng the Loan appltcahon
process, Borrower or any persons or entitles acting at the dlrcct1on of Borrower or with Borrower's
knowledge· or consent gave marenally false, mtslead1ng, or inaccurate information or statements to Lender
(or failed to proVlde Lender with material 1nfonnanon) m connection with the Loan Matenal
rcpresentabons include, but are not limited to, representations conccnung Borrower's occupancy of !be
Property as Bon'Ower's pnnc1pal residence
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9. Protection or Lender's Interest In the Property and Right, Under this Security Instrument. If
(a) Borrower fails to perfonn the covenants and agreements contained in this Secunty Instrument, (b) there
is a legal proceeding that might s1gn1ficanlly affect Lender's interest m the Property and/or nghts under
this Security Instrument (such as a proceeding m bankruptcy, probate, for condemnauon or forfeiture, for
enforcement of a hen winch may art.am pnority over thts Security Instrument or to enforce laws or
regulations), or (c) Bonower bas abandoned \he Property, \hen Lender may do and pay for whatever \S
reasonable or appropnate t.o protect Lender's interest m the Property and nghts under this Setunty
Instrument, mcludmg protecting and/or 1SSCSS1n.g the value or the Property, and securing and/or repamng
the Property Lender's actions can include, but are not limited lO (a) paying any sums secured by a hen
which has pnorny over this Security Instrument, (b) appearing an court, and (c) paymg reasonable
attorneys' fees to protect its interest m the Property and/or rights under this Security lrtStrument, including
,ts secured position m a bankruptcy proceeding Secunng the Property includes, but IS not ltm1ted to,
cntenng the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, ehmmate budding or other code v1olattons or dangerous oond1llons, and hav.e ut1htaes turned
on or off Allboujh Lmdet may take act1~n under tins Section 9, Lender does' not have to do so and 1s not
under any duty qt obhptaon to do so It 1s -areec1 that ~
mcurs no l.la!11hcy ror not taking any or all
actions authonzcd under tlus Section 9
Any amounts disbursed by Lender under this Sect.ion 9 shall become add1honal debt of Borrower
secured by Ibis Secuncy Instrument These amounts shall bear interest at the Note rate from the dale of
disbursement and shall be payable, with such interest, upon notice from Lender 10 Borrower requesting
paymen(
If this Secunty Instrument 1s on a leasehold, Borrower shall comply with all the prov1s1ons of the
lease If Borrower acq111res fee tide to the Property, the leasehold and the fee tllle shall not merge unless
Lender agrees to the merger m wntmg
10. Mor1gage Imu ranee. Ir Lender required Mongage Insurance as a cond111on of making the Loan,
Borrower shall pay the prenuurns ffillllred to mamtam the Mortgage Insurance m effect Ir, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously. provided such msurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the prenuums l"C\jUlred 10 obtam
coverage substantially equivalent to the Mortgage Insurance previously m effect, at a cost substallllally
equivalent to the cost to Borrower or tbe Mortgage Imurance previously m effect, from an alternate
mortgage msurer selected by Lender If substantially equivalent Mortgage Insurance coverage 1s not
avadable, Borrower shall contmue to pay to Lender the amount of the 6e1)3rateir designated payments that
due when the
covcmge · ~ 10 ·~ tn eff~t Le_nder wdL~t. iJse ~
.~ID these
pllYIJ'iCn!S as a non•n;ti.lndable 1~ ~ e m hef! 9fMJ>rt~~ ~•· ~
l~ l'l!Sel'Ve shall be
non-refundable, notw1thslandmg the fact that the Loa1t1s ur.tunalelY pa1d:1n fuU. aiidJ~det ~
not be
required to pay Borrower any mlcn:st or eammgs on such loss reserve Lender can no longer require loss
reserve payments 1f Mortgage Insurance coverage (m the amount and for the penod that Lender requires)
provided by an insurer se1ectcd by Lender again becomes available, IS obtained, and Lender requires
separately designated payments toward the prenuums for Mortgage Insurance If Lender required Mortgage
[nsunmcc as a cond111on or making the loan and Borrower was required to make separately designated
paymencs toward the pn:nuums for Mortgage Inwrance. Borrower shall pay the prennums reqtnred ro
mamcam Mottgage Insurance in effect, or to provide a non-refundable loss reserve, unul Lender's
requirement for Mortgage Insurance ends m accordance with any wrmen agreement between Borrower and
Lender prov1dmg ror such temunallon or until tennmauon 1s required by Apphcable Law Nothing m this
Section 10 affects Borrower's obhgatlon to pay mterest at the rate provided m the Note
Mortgage Insurance reunburses Lender (or any entity that purchases the Note) for certam losses 1t
may incur, 1f Borrower does not repay the Loan as agreed Borrower as not a party to the Mortgage
Insurance ·
Mortgage insurers evaluate their total nsk on all such insurance m force from urne to tune, and may
enter into agreements with other parties that share or modify their nsk, or reduce losses These agreements
are on tenns and cond1t1ons that are satisfactory to the mortgage insurer and the olher party (or parties) to
these. ag~ts .These agreements may require the mortgage msurer to. malce payments using_ any source
were.
,nmrance
.
.
""
1
·
· - ...
,.. ....... ""'"" may .... .,...... , _ may ""~,, /
lllSUl'llftee
prenuums)
.
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200610110833.009
As a result of these agreements, Leiider, any purchaser or the Nole, another insurer, any re1J1SUrer,
any other entity, or any affiha1e of any of lhe foregomg, may receive (directly or 1nd1reclly) amounts lhat
denve from (or might be charactcrued as) a portion of Borrower's payments for Mortgage Insurance, m
exchange for shanng or mod1fymg the mortgage insurer's nsk, or reducing I ~ If such agreement
provides that an affihale of Lender takes a share of the insurer's risk in exchange for a share or the
premiums paid to the insurer, the anangement is often termed "captive reinsurance " Further
(a) Any such agmmmts will not affect the amounts tbat Borrower ha1 agreed to pay for
Mortgage Insurance, or any other terms or the Loan. Such agreements will not Increase the amount
Borrower Will owe for Mortgage lnsunnce, and they Will not entltle Borrower to any refund.
(b) Any such agreements wlll not affect the rights Borrower has • If any • with respect to the
Mortgage Insurance under the Homeowners Protection Act or J998 or any other law. These rlgbts
may include the right to receive certain dlsclosures, to request and obtain cancellatton of the
Mortgage Insurance, to have the Mortgage lnsurance terminated automatically, and/or to receive a
refund or any Mortgage Insurance premiums that were unearned at the time or such cancellation or
termination.
11. Assignment or Mlscdlaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender
If the Property 1s damaged, such M1sccllancous Proceeda shall be applied to res1oraI10n or repair of
the Property, 1f the restoration or repair 1s econo!JIIC3lly feasible and Lender's secunty Is not lessened
Dunng such n:pa1r and restorat10n period, Lender shall have the nght to hold such Miscellaneous Proceeds
until Lender has had an opponurury to inspect such PrOJlCrty to ensure the work has bten completed to
Lender's sat1sfact1on, provided that such 11upect1on shall be undenaken promptly Lender may pay for the
repairs and restoration in a Single d1Sburscment or m a senes of progress payments as the work IS
compl_cux1 . Unless ail iigrecmc:id JS made m wntin,g or Applicable LaW ~•res • ~ to be Jl'ld on sucb
Miscell_aneotisi'~. iendcr sh.all not be ~•red to pay Borrower :any 11itmst or eamiilp on such
Miscellaneous Proceeds If the restorauon or repair II not economically feastble or Lender's security would
be lessened, the M1scellaneous Proceeds shall be applied to the sums secured by tlus Security Instrument,
whether or not then due, with the excess, 1f any, paid to Borrower Such Miscellaneous Proceeds shall be
applied ID the order provided ror m Sec11on 2
.
In the event of a total taking, destructmn, or loss m value or the Property, the MJScellaneous
Proceeds shall be apphed lo the sums secured by tlus Secunty rns1n11nent, whether or not then due, with
!he excess, 1f any, paid to Borrower
In lhe event of a partial taking, destruction, or loss in value of the Propeny 1n which the fair market
value of the Property 11nmedrately before the partial talang, destruction, or loss m value 1s equal to or
greater than the amount of the Slims 6CCIICcd by this Secun1y Instrument immediately before lhe partml
talcmg, destruction, or Joss m value, unless Borrower and Lender otherwise agree m wn1mg, the sums
secured by dus Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
mult1phed by the foUowms fraction (a) .the total amount of the sums secured unmedtately before the
partial takmg, destruction, or loss 1n value d1v1ded by (b) the fair market value of the Property
1mmedrately before the partl81 taking, destnic11on, or loss m value Any balance shall be paid to Borrower
In the event of a partial taking, des1rµct1on, or loss m value of the Property m which the fair market
value of the Property 11nmed1ately before the partial takmg, destruction, or loss m valuo is Jess than the
amount of :the wms seai.red unn\edlBtely before Che partial taking, deruuctton, or loss ,n value, unless
Borrower and Lender otherwise agree m wntmg, the M1SCelJaneous Proceeds shall be applied to the sums
secured by this Secunty lffltrument whether or not the sums are then due
lf lhe Property 1s abandoned by Borrower, or if. after natJU by Lender to Borrower that lhe
Opposing Party (as defined m the neltt sentence) offers to make an award lo settle a claim for damages,
Bonower fails 10 respond to Lender wtlhm 30 days after the dale the notice Is given, Lender 1s aulhonzed
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Secunty Instrument, whether or not then due ~Opposing Party• means the third party
tbal owes Borrower Miscellaneous Proceeds or the party agauist whom Borrower bas a nght or acuon m
regard 10 Miscellaneous Proceeds
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Borrower shall be 10 default If any ac11on or proceeding. whether CIVIi or criminal, IS begun lhal, m
Lender's Judgment. could result 1n forfeiture of the Property or other matenal 1mpa1rment of Lender's
1nteres1 in the Property or nghts under this Sccunty Inslnlment Borrower can cure such a default and, 1f
acceleration has occurred, nmJState as provided m Section 19, by causing the action or proceedmg to be
dismissed with a tuhng that, \D Lcnd~'s Judsment, 11recludes furfaturc of the Property or olher material
1mpa1~ of Lender's mterest m ihe Properly. or, nghts under lhls Secul"lt}"' UJSt111ment The proceeds of
any
or claun f o t ~ tl!at~ ~w,le a> the impairment or ~.er' s interest m the Property
are hereby assigned and shall be paid to Lender
·
··
All M1scellaneous Proceeds that are not applied to restorauon or repau of the Property shall be
applied m the order provided for m Section 2
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modd'icat1on or amort1za11on of the sums secured by lhts Secunty lnstrument granted by Lender
to Borrower or any Successor tn Interest of Borrower shall not operate to release Ille hab1ltty of Borrower
or any Succ~rs m Interest or Borrower Lender shall not be required to commence proceedings against
any Successor m Interest of Borrower or to refuse to extend lime for payment or otherwise modify
amort1za11on of lhe sums secured by 1h11 Secunty Instrument by reason or any demand made by the or1g1nal
Borrower or any Successors m Interest of Borrower Any forbearance by Lender in exercising any right or
remedy mclud,ng, w11hout l1m1rat1on, Lender's ac:cq>lllnce of payments from duro persons, cnt111es or
Successors m Interest of Borrower or 1n amounts less lhan the amount then due, shall not be a waiver of or
preclude die exercise of any nght or remedy
13 Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obbgat1ons and J1ab1llty shall be JOtnt and several However, any Borrower who
co-signs clUB Security Instrument but docs not execute the Note (a •co-s,gner") (a) 1s CO-Slgrung lh1s
Secunty lnstrumc11t only to mortgage, grant and convey the co-signer's 1nteres1 m the Property under lhe
terms of llus Secunty Instrument, (b) 1s not personally obligated to pay the sums secured by 1h11 Secunty
Instrument, and (c) agrees that Lender and any other Borrower can agree to extend. modify, forbear or
make any accommodat1ons wuh regard IO tbe terms of lhts Secuniy Instrumen1 or lhe Note without the
co-signer's consent
Sub;ect to the prov1s1ons of Section 18. any Succe<1'10r in Interest of Borrower who assumes
Borrower's obhgattons under this Security Instrument 1n wr111ng, and ts approved by Lender, shall obtain
all or Borrower's rights and benefits under this Secunty Instrument Borrower shall not be released from
Borrower's obhgallons and hab,hty under this Security Instrument unless Lender agrees to such release m
wnung The covenants and agreements of this Secunty Instrument shall bmd (except as provided m
Section 20) and benefit the successors and assigns of Lender
14. Loan Cbal'Kes. Lender may charge Borrower fees for services performed in connection w,th
Borrower's defaull, for the purpose of protecting Lender'a mterest m lhc Property and nghts under tlus
Seamty Ins1111menr. mclud111g, but not hm1ted 10, attorneys' fees, property 1nspect1on and valuation fees
In regai:d to any otller fees, the absence ofexpre.ss authonty ,Ill this SCC1Jnty Instrument to charge a specific
fee to Borrower slRt)I not be construed i.1: ~ prohibition oti the dlatgi~ of S!)cb fee ,.tender may oot ·i:l®Jc
fees lhljta;e expt:C$Sly proh1b1ted by this ~1fJ11SUUJi1~ort,)t'.!f!pl~~l~:~.w .
.. ·
If the Loan 1s subJect to a law which sets maxnnwn mn diaJie,_; and dit Jaw is filllllly 1n~led Ii!>
that the mterest or other loan charges collected or to be collected in COMect1on with the Loan exceed the
penn1tltd houts, dlen (a} any such loan charge shall be reduced by the amount necessary to reduce lhe
charge 10 die penn11ted hm1t, and (b) any sums already coUected from Borrower which exceeded penn1tted
hm1ts will be refunded to Borrower Lender may choose to make this refund by reducing the prmc1pal
owed under the Note or by making a direct payment to Borrower Jr a refunc.l reduces pnnc1pal, Che
reduction will be treated as a pan1al prepayment w,lhout any prepayment charge (whether or not a
prepayment charge 1s provided for under the Note) Bonower's acceptance of any such refund made by
direct payment to Borrower will cons111ute a WB1Ver of any ngbt of action Borrower might have armng out
of such avercharge
IS. Notices All notu:es given by Borrower or Lender m coMccllon w11h thas Security Instrument
must be . 1.n wntmg Any notice to Borrower m connection w11h this Security Instrument shall be deemed to
have been given to Borrower when mailed by fim class mail or w
endebvcri:d
h;f
to Borrower's
1
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200610110833.011
notice add_ress 1f sent by other means Notice to any one Borrower shaU consmutc notice to all Borrowers
unless Applicable Law expressly requires otherwise The notice address shall be the Property Address
unless Borrower has designated a subslttute notice address by notice to Lender Borrower shaU promptly
noafy Lender of Borrower's change of address If Lender specifies a procedure for reporting Bo1TOwer's
change of address, then Borrower &hall only report a change of address through that specified procedure
There may be only one designated not11:e address under this Security lnstJUment at any one tt.me Any
notice to Lender shall be given by dehvenng 1t or by nwhng tt by first class mall to Lender's address
stated herein unless Lender bas dcs1gmted another address by no11ce to Borrower Any notice in
connection w1th.th1s Security lnstlllrnenl shall not be deemed lo have been given to Lender unt1l.actually
recca
.. vcd by.. tender
. . ·. . If any .notice req.w···red by this Security ·.lnstnunc:n.
.·.· ..·.·.. · 1 iS also
... •ft.'C..lu'_•red under App.hcable
Law,. the· Appllt.able Law ~rreritelll will satisfy the com:spc>ndmg .n:qwmnent under this Secunty
Ins1rumeot
J6, Governing Law; Severablllty; Rulu of Construction. nus Security Instrumenl shall be
governed by federal law and the law of the JUflsd1C11on m whu:h the Property 1s located All nghts and
obhgattons contaJned in this Secunty Instrument are subJect to any requucments and bm11auons of
Apphcable Law Applicable Law m1ghc expllc11ly or 1mpl1c1tly allow the parties 10 acree by conlJ'aCt or 1t
might be stlenL, but such stlcnce sbiill not'be construed as a prob1b1t1on against agreement by contract In
the event that any prov1s1on or clllllSC or this Security Instrument or the Note ronfl1cts w11h Applicable
Law, such conflict shall not affect other provisions of lhlB Security Instrumenl or the Note which can be
given effect without the conf11ct1ng prov1s10n
As used m thlS .Secunty Instrument (a). words of the .mascuhne gender shall imian and mclude
C9rrespondtng neuter words or words of the femuune ~ ; {b) worilil m I.lie s,n,gular shall riian and
in,;l~c• Ult plural and ¥J~. veraa, ."14 (c) the \.\19~ "i»aY" iµvcs sole ~ 1 0 0 WllbQllt any 0bl1P.lJon to
cake any acaon
·
17, Bom,wer'• Copy. Borrower shall be given one copy of the Note and of dus Secunty Instrumcnl
18. Transfer of the Property or a Beneftclal Interest In Borrower. ru used 1n this Secuon 18,
"Interest 1n the Property• means any legal or beneficial mlerest m the Propcny, 1.11Clud1ng, but not hm11ed
10, those beneficial interests transferred 1n a bond for deed, contract for deed, mstallment sales contracl or
escrow agreement, the mtent of which 1s the transfer of tatlc by Borrower at a future date to a purchaser
If all or any part of the Property or any Interest m the Property 1s sold or transferred (or 1f Borrower
IS not a natural person and a beneficial mteresl 1n Borrower 1s sold or transferred) without Lender's pnor
wnuen consent, Lender may require 1mmed1ate payment m full of all sums secured by this Set11nty
Instru~nl However, thtS option shall not be aerc1sed by Lellder 1f such aerc1se 1s prolublted by
ApphcabJe_Law
,
If Lender exercises tlus option, ~der shall give 8c>m>~ noltce of accclcra110n The no.ti~ shall
provide a penod of not less than 30 days from llit date Ille notu:e 1s gJYen Ill accordance w11h ~IO!I 15
w1th1n which
must pay all ~
sec~ by this Sa:unty Jnstrument If
falls to pay
these sums. pnor :10 dlt exp,rauon of lhis peru>d,, 4n= may: 111vokc any ~
permitted by this
Sccunty l~trumelll .w11bou1 further notice o r ~ OJI
19. 13orrower's Rl£hl to Reinstate After· .<\~don. If ~rrower•~, ~•n cond1ttons,
Borrower shall have lhe nght to have enfon:ement of Ibis Seamiy Instrument dascontmued at any tune
prior to;~ ~Ii~ i?f (~);fi,t., days•,bcfOl'C ~c iifthe. ~
~-!Q lUl)'.power Qf,sal,c corttaUICd m
iius Secl1nty t ~ (b) "such•~ pcni,<l·a App11~ie ·.u.w· mt~ 'P!:~=d')' ~t die ;tel#i(~·1r;.or.
Jio~~- n"1t •10 ft!~ -or .(9 entry ofa JI!~~ enfO{Qng .th... Secunt.Y - ~ .. nose
condlllons are that Borrower (a) pays Lender all sums ~
~-"WCiUld be ~ ,undtt: tht.s ·Secur1iy
Instrument and the Note as 1f no accelera11on had occurred, (b) cures any default or any other covenants or
agreements, (c) pays all expenses mcurred m enforcing th1sSecurtty Instrument, 1ncludmg, but 1101 hm1ted
to, reasonable attorney&~ Cl:efi. property 1nspecj1on •~ ~.
:.~. ~
!)!IM:r f~ • ~ for ."1e
putp9_~ of protcc~mg •,l,;,cnder's interest m the Property and n.gbts ~
th~ St'Cunty, ~ . and @,
takes such action as Lender may reasonably reqwre .IQ.
~
~•s 1 ~ m the;'Property :mu!
nghts under this Secunty l~rnenl, and ,Bonnwer's obhgat1on to pay the sums SCtllJ'Cd by tblS Security
Instrument. shall continue ~ e d ~
~y require tha! Borrower pay such remstaternent sums and
expenses m one or more of the following fonns, as selected by Lender (a) cash, (b) money order, (c)
Borrower
Borrower
·
Sotrcwer
assurv
(f·
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certified check, bank checlc, treasurer's cJiecJc or cashier's check, provided any such check 1s drawn upon
an mstatuhon whose deposits are insured by a federal agency, mstrumcntahty or entity, or (d) Electromc
Funds Tnmsfer Upon remstatement by Bqrrower, llus Secunty Instnmient and obhga11ons secured hereby
shall remain fully effective as 1f no acceleration bad occuired However, this ngbt to rcmstate shall not
apply in the case or accelerat1on under Section 18
20. Sale or Note; Change or Loan Sei,-fcer; Nodce or Grievance. The Note or a pan1al mterest in
the Note (together with dus Security Instrument) can be sold one or more tnnes without prior notice to
Borrower A sale might result tn a change m the entity (known as the ''Loan Servicer") that collects
.Jlerio'il1c Payments due under the Note and lli1s Secunty Instrument and performs .othtr mottgage ,Jdait ·
~t¢!ng obligations under the Note, th1s'.:Secunij' lnstrumenl, and Applicable Law '[he:ie also nugh( bf
one or more changes of the Loan Servicer unrelated to a sale of the Note If there 1s a change of the Loan
SeJVJcer, Borrower will be given written notice of the change which will state the name and a ~ of the
new Lc)an Servicer, the address to which payments should be made and any other mformauon RESPA
requlJ'CS m connection with a notice of transfer of servmng If the Note 1s sold and thereafter the Loan 1s
serviced by a Loan Servicer other than the purchaser of the Note, the mongage loan serv1cmg obhgat10ns
IO Borrower will remam with lhe Loan Servicer or be transferred to a successor Loan Serv1eer 311d are not
assumed by the No1e purchaser unless otherwise provided by the Note purchaser
Neither Borrower nor Lender may commence, Join, or be Joined to any JUd1c1al action (as either an
md1Y1dual, htigant or the member of a class) that anses from the other party's actions pursuant to thlS
Security ll)Stnunent or thal alleges that the ocher party has breached any prov1s1on or, or any duty owed by
reason or, ,tblS Secunty Instrument, until such Borrower or Lender has notified the other party (wtlh such
notice given 1n compliance with the requu-ements or Sechon IS) of such alleged breach and afforded the
other party herefo a reasonable penod after the g1vmg or such no11ce to take corrective action Ir
Applicable Law provtdes a tnne penod whach must elapse berore certam action can be taken, that time
penod will be deemed to be reasonable for purposes of this paragraph The no11ce of accelcrahon and
opportunity to cure g\ven to Borrower pursuant to Section 22 and the notice of acceleration given to
Bonower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take correct!Ve
action prov1S1ons of this Secuon 20
21, Hazardous Substances. As used m this Sect10n 21 (a) "Hu.ardous Substances• are those
substances defined as toxic or ha7.8rdous subsla!IQ:S, pollulants, or wastes by EnvJTOnmental Law 311d the
following substances gasoline, kerosene, other flammable or toxic petroleum products, toxic pest1c1des
and hcrb1c1des, volaule solvents, matenals contam1ng asbestos or formaldehyde, and rad1oact1ve materials,
(b) "Environmental Law" means federal laws and laws oftheJUnsdlcuon where lhe Property 1s located lhal
relate to health, safety or env1rorunental protecOOn, (c) "Env1ronmcntal Cleanup" mcludes any response
act10n, remedial action, or removal action, as defined an Environmental Law, and (d) an "Environmental
Condn,on•. means a condition that can cause, contnbure to, or otherwise tngger an Environmental
Cleanup ·
Borrower shall not cause or permit the presence, use, chsposal, storage, or release of any H87.aldous
Subslanets; or lhrearcn to releax any Hazardous Subsrances, on or tn the Property Bonowcr shall not do,
nor allow anyone else lo do, anytlung affectmg the Property (a) that ,s in v,olatton of any Environmental
Law, (b) which creates an Environmental Cond,uon, or (c) wlucb, due lo the presence, use, or release of a
Huanlous Substance, creates a cond111on that adversely affects tbe value of the Property The precedmg
two sentences shall not apply to the presence, use, or storage on the Property of small quanuttes of
Hazardous Substances that are generally recognized to be appropnate to normal res,denual uses and 10
mamtenance of the Property (mcludmg, but not hm1ted to, hazardous substances m consumer products)
Borrower shall promptly gave Lender wntten nouc.e of (a) any mvest1gat1on, chum, demand, lawsuit
or other action by any governmental or regulatory agency or pnvate party mvolvmg the Property and any
Hazantous Substance or Env1mnmen1al Law of wluch Bomiwer. has actual knowledge, (b) any
E.nv1ro.nmen.·:.tal CondIUon, mcludmg bul not hm1ted to, any sp1ll111g,
i;!l1«:, release or threat of
:
lrutial. ·• ..•. · •.
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release of any Hazardous Substance, and (c) any cood1t10n caused by the presence, use or release of a
Haz.ardous Substance which adversely affects the value of the Property If Borrower learns, or 1s noufied
by any g<ivemmenlal or regulatory authonty, or any pnvate party, that any removal or other remediation
or any Hazardous Substance affecting the Property is necessary, Bonower shall promptly take all necessaiy
remedial acuons tn accordance wnh Bnvuonmental Law Nothing herein shall create any obltgation on
Lender for an Environmental Cleanup
NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows
22, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration followin&
Borrower's breach of any coveruint or agreement la this Security Jastnament (but not prior to
acceleration under Section JI unless Appllcable Law provides otherwise). The nohce shall specify: (a)
the default; (b) the action required tc, cqre the default; (c) • date, not less than 30 days from the date
the notice ls gtven to Borrower, by which the default must be cared; ond (d} that failure to cure the
default on or before the date specified In tbe notice may result In acceleration of the sums secured by
this Security Instrument and sale or the Property at public auction at a date not less than 128 days In
the ruture. The notice shall further lnrorm Borrower or the nght to reinstate afcer acceleradon, the
ngbt to bring a court acdon to assert the non-ulsteoce of a default or any other def'ease or Borrower
to acceleration and sale, Bild any other matten required to be Included In the notice by Applleable
Law, Ir the default Is not cured on or before the date speclRed In the notice, Lender al Its option,
may require Immediate payment In full of all sums secured by this Security Instrument without
further demand and may Invoke the power of sale and/or any other remtdan permitted by
Appllcable Law. Lender shaO be entitled to collect an upenses Incurred In punulng the remedies
provided in this Section 22, induding, but not limited to, reuonable attorneys' fees and costJ or title
evide11ce.,
If Lender Invokes tbe power or sale, Lender shall give written notice to Trustee of the
oceurrence of an event or delaull and of Lender's election to cause the Property to be sold. Trustee
and Lender shall take such action regarding nollce of sale and shall give such notices to Borrower
and to other persons 11 Applicable Law may require. Arter the time required by Applica)le Law and
arter publication or the notice of sale, Tnastee, with@ut demand on Borrower, shall sell tbe Property
at public ·auction to the highest bidder at the time and place and under the terms deslinated 10 the
notice of sale ill one or more parcels and in any c,rder Trustee determines. Trustee may postpone sale
of the Property for I period or periods perautted by Appllcable Law by public announcement at the
time and place fixed In tile notice of sale. Lender or Its des111nee may purchase the Property at any
sale
Trustee shall deliver to the purc~aser Trustee's deed conveying the Property without any
covenant or warranty, expressed or 1mplted. The redtall In the Trustee's deed 1hall 1,e prima fade
evidence or tht truth of the statements made therein, Trustee shall apply the proceeds or the sale In
the rollowlng order: (a) to all expenses or the sale, lncladlng, but not limited to, reasonable Trustee's
and 1tto111eys' fees; (b) to all sums secured by this Security Instnament; and (c) any eJcess to the
penon or personJ legally entitled to It or to the clerk or the superior court of the county In which th!!
,ale took place.
23. Reconveyance. Upon payment of all sums secured by thJS Secunty Instrument, Lender shall
request Trustee to reconvey the Property and shall sunender tb1s Secunty Instrument and all notes
ev,dencmg debt sceured by tha, Sec1mty lnstrument to Trustee Trustee shall reconvey the Property
without warranty to dJC person or persons legally entitled 10 11 Such person or persons shall pay any
recordat1on costs and the Trustee's fee for prepanng the reconveyance
24, Substitute Trustee. In accordance with Applicable Law, Lender may from umc to tame appomt
a successor trustee to any Trustee appointed hereunder who has ceased to act W11hou1 conveyance of the
Property, the successor trustee &ball succeed to all the title, power and duties ,conferred upon Trustee
herein and by Applicable Law
~
11\ibal
--8A(WA) (0012) 03
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25. Use or Property. 'Ibe Property 1s not used pnnc1pally for agncultural purposes
26, Attorneys' Fees. Lender shall be entuled to recover its reasonable anorneys• fees and costs in
any action or proceeding to const?Ue or enforce any tenn of this Secunty Instrument The term "attorneys'
fees," whenever used in th11 Secunty Instrument, shall include without llm1ta11on attorneys' fees mamed
by Lender in any bankruptcy proceeding or on appeal
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAi~ MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE UNDER WASHINGTON LAW.
BY SIGMNG BELOW, Borrower accepts and agrees IO lhe 1enns and covenants conlalned m llus
Secunty Instrument and m any Rider exeaued by Borrower and recorded wath 1t
Wttnesses
- - - - - - - - - - - . (Seal)
_ _ _ _ _ _ _ _ _ _ _ _ (Seal)
-Bormwet
-BOl'ftlwer
___.....,.._ _ _ _ _ _ _ _ _ (Seal)
_...,...._ _ _ _....---....,,..~-,,----. (Seal)
-Bom>wu
-Bonowu
(Seal)
- - - - - - - - - - - (Seal)
•Borrower
-Borrower
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STATEOFWASHING]PN
}u:
I
Couotyof
~
• ·
On 1h1S day personally appeared before me
MICHELLE L GROSHONG
0
lnlllat• ~
;:i)A(WA) (0012)03
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FIie No.: 4228•911672 ( TC)
Date: october 091 2006
EXHIBff 'A'
LEGAL DESCRIPTION:
LOT 89, PLAT OF RAINBOW SPRINGS, ACCORDING TO THE PLAT ntEREOF RECORDED IN VOLUME 19 OF
PlATS, PAGES 32 AND 33, RECORDS OF SNOHOMISH coum, WASHINGTON•.
SITUATE IN 11-IE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
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MIN:100488910099127945
ADJUSTABLE RATE RIDER
(LIBOR Six-Month Index (As Published in The Wall Strut Journaf)-Rate Caps)
2 YEAR RATE LOCK, 5 YEAR INTEREST ONLY PERIOD
nus
ADJUSTABLE RATB RIDER IS made this 6th
day of Oc:tober, 2006
,
and IS mc01p0ratcd into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or
Secunty Deed (the "Secunty lnstrument'1 of the same date given by the undm1gned ("Borrower") to secure
Borrower's AdJustable Rate Note (the ''Note") to
New ~nturv Mortgage C~rpof,atlon
("Lendet'f~fthc same date and cQvcmfg the property dcsenbed tn the Sccunty Instrument and located al
11914167th DRIVE NE, Mngton, WA 98233
(Property Addms}
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST
RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE MAXIMUM RATE
BORROWER MUST PAY.
ADDJTIONAL COVENANTS In add1t1on to the covenants and agreements made 1n the Secunty
lnstrumen~ Borrower and Lender further covenant and agree as follows
INTEREST RA TE AND MONTHLY PAYMENT CHANGES
The Note provides for an m1tJal 1111erest rate or
changes m.the interest rate and monthly payments as follows
A.
4.
7.275 % The Note proV1des for
INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The mterest rate I will pay may change un the first day of November, 2008
,
and on the same day of every 6th month thereafter 6ach date on winch my interest rate could change
call~ an "Interest Rate Otange Date •
ts
(B) The lnde.r
Begmnmg with the first Interest Rate Change Date, my interest rate will be based on an Index plus a
margin The "Index" 1s the average of interbank offered rates for six-month dollar deposits 10 the London
market ("LIBOR"), as publtsbcd an 11re Wall SJreet Journal "Money Rates• Table The most recent Index
6gvrc available as of the first business day of the month unmedtlltely preceding lhe month 111 which tbc
Interest Rate Change Date occUJS IS called the "Current Index "
If the Index 1s no longer available, the Note Holder WIii choose a new index that 1s based upon
comparable mfonnatton The Note Holder will gwe me notice of this choice
NCMC
Fated/ ARM Six Month LIDOR
bllctest Only Rldcr(M,lllstllte)
lll!-441
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Re: LARSON I WA-18-813156-BB- [email protected] Stafne Law Mail
12/13/2018
Ml
Q. robert mcdonald
Gmail
Compose)
lnbox
16,390
Starred
Snoozed
Sent
•
•
•
•
Drafts
493
Academia.edu
928
Alexander
Appellate Law360
469
Banking Law360
113
Re: LARSON I WA-18-813156-BB
•
Scott Stafne <[email protected]>
to Robert, Angela
Rocky, yes. 3:00 pm works for me.
My understanding is the note does not mean it was funded. If you check t
• ' " R:u::IPr
•
loans went through they were not funded. And we allege that the Larsons
+
Scott
Unknown
•
funded?
On Wed, Nov 14, 2018 at 10:13 AM Robert McDonald <rmcdonald@QYfil
Gene is going into surgery at 2:00
Scott
. . . Kyle, Admin
-U Admin: Thank you Rachel!
?'.
But we r
·,~----
Yes. Will 3 pm work? See attached debt validation res~
dated 10.6.2006 securing the Deed of Trust which is tt
https://mail.google.com/mail/u/0/?tab=om#search/robert+mcdonald/WhctKJVBFfnrdVtwLBbQpcMCsBcQPrCsbbDtzDfGHTZjlmbSZKMCpnxPTzfhqW...
Page 3463
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,....
Stafne Law Mall-RE: LARSON I WA-18-813156-8B RE: Incident this morning 11/3f2018
.••
Scott Stafne <[email protected]>
~tafne Law Mall
RE: LARSON I WA-18-813156-BB RE: Incident this morning 11/3/2018
1 message
Tue, Nov 6, 2018 at 11:18 AM
Robert McDonald <[email protected]>
To: Scott Stafne <[email protected]>
Cc: IDSFC <[email protected]>
Scott
Any progress on the proposed stipulation. I received the WA AG's and Governor's NOA
yesterday. Thank you.
Robert w. McDonald I General Counsel
"Excellence Starts Here"
108 1st Avenue South, Suite 202
Seattle, WA 98104
d. 206.S96.4862 I f. 206.274.4902 I c. 206.673.6S23
[email protected]
Your feedback Is warmly welcomed and greatly appreciated/ Please feel free to send us your suggestions, comments, and/or concerns
to [email protected].
aJNRDENTIAI.ITY NOTICE: The Jnfonnatfon contained herein may be privileged and protected by the attorney/client and/or other
privilege. It Is confident/al nature and intended for use by the intended addressee only. If you are not the Intended recipient, you
are hereby expressly prohibited from dissemination distribution, copy or any use whatsoever of this transmission and Its contents. If
you receive this transmission In error, please reply or catl the sender and arrangements will be made to retrieve the originals from
you at no charge. Federal law requires us to advise you that communication with our office could be Interpreted as an attempt to
collect a debt and that any Information obtained will be used for that purpose.
in
LEGAL DISCLAIMER: Please be advised that whtle the opinions expressed herein .are provided by an attorney employed by Quality
loan Service Corp. of Washington, Quality Loan Service COrp. of Washington Is not a law office. The legal analysts of any situation
depends on a variety of factors and the opinions expressed herein could change based on the specific facts of any given situation.
The Information and opinions set forth herein are Intended as general lnformatton only, and are not Intended to serve as legal
advice or as a substitute for legal counsel. If you have a question about a specific factual situation, you should contad an attomey
directly.
.
https://mall.google.comlmall/u/1?1k=sf58b0864a6&view=pt&search=all&permthld=thread-f%3A1616324747378817960%7Cmsg.f%3A161641336B5711...
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Stafne Law Mall-RE: lARSON I WA-18-813156-BB RE: lncidenllhls morning 11/3/2018
From: Scott Stafne [mailto:[email protected])
· Sent: Monday, November 05, 2018 2:02 PM
To: Robert McDonald <[email protected]>
Subject: Re: LARSON I WA-18-813156-BB RE: Incident this morning 11/3/2018
Thanks Rod<y for your assistance.
On Mon, Nov 5, 2018 at 11 :49 AM, Robert McDonald <[email protected]> wrote:
Scott
I can confirm Q~ality has NOT completed a Trustee's Sale for the subject $218,000.00
Deed of Trust ("DOT") that Quality has been appointed as Trustee under Auditor
Instrument Number 200610110833. The sale Quality is advancing is presently scheduled
for 11.16.2018 at 10 am PST.
Also I have just pulled the JR Mortgage 200610110834 for $54,500.00 under Auditor
Instrument Number 200610110834. I show no completed sale as to this DOT either. I have
also searched the Snohomish Co. Superior Court Dockets and find no judicial actions
advanced with Christopher E. Larson as a named party. It would be my position that no
other JR lien foreclosure sale has occurred on this property based on a review of the
public records.
Please call with any questions.
https://mal.googla.comlmal1/u/1 ?ik=f58b0864a6&vtew=pt&search 11an&permthld=thread-f%3A1616324747378817960%7Cmss,-1%3A16164133685711... 2/5
Page 3465
Stafne Law Mall - RE: LARSON I WA-18-813i58-BB RE: Incident this morning 11/3/2018
14.
S54.50G.00
LENDER
RECORDED
OCTOBER&, 2006
CHRlSTOPHER E LARSON, A MAMl!O MAN /JS
HIS S01.EN«> SEPAAATE PRCJ:1ERTY
FIRST AMERICAN TITLE
MORTGAoe.
aECTRONIC RfGISTAATION
SYSTEMS, INC., A SePARATE CORPOAATtON
lHAT IS ACTING SOU!.Y M A NOMIN!I! 1'011.
fSt)&R Nill): LENOSfS SUCCESSORS AND
ASSl8N8
NEW camJRY MORTGAGE CORPORATION
OCTOSER 11, 200fJ, UM)ER RECORDING NO.
2DOl101108M~ OF OFFICW. RECORDS
Robert w. McDonald I General Counsel
Q.---.~TY
~
-
CORP.'
W••"""'IOC'
"Excellence Starts Here•
108 1st Avenue South, SuHe 202
Seattle, WA 98104
d. 206.596.4862 I f. 206.274.4902 I c. 206.673.6523
m,[email protected]
Your /eedbaclc Is warmly ·welcomed and greatly appreciated I Please feel free to send us your suggestions, comments, and/or
concerns to [email protected].
CONRDENTIAUTY NOTICE: The Information contained herein may be prlvlfeged and protected by the attorney/dlent and/or other
prlv11ege. It Is confidential in nature and intended for use by the Intended addressee only, If you are not the Intended recipient, you
are hereby expressly prohibited from dissemination distribution, copy or any use whatsoever of this transmission and Its contents.
If you receive this transmission In error, please reply or call the sender and arrangements will be made to retrieve the originals
from you at no charge. Federal law requires us to advise you that communication with our office could be Interpreted as an
attempt to collect a debt and that any Information obtained wlll be used for that purpose.
LEGAL DISCLAIMER: Please be advised that while the opinions expressed herein are provided by an attorney employed by
Quality Loan Service Corp. of Washington, Quality loan Service Corp. of Washington ls not a law office. The legal analysis of
any situatl6n depends on a variety of factors and the opinions expressed herein could change based on the specific facts of any
given situation. 11,e Information and opinions set forth herein are Intended as general Information only, and are not Intended
to serve as legal advice or as a substitute for lepl counsel. If you have a question about a spedffc factual situation, you should
contact an attorney directly.
From: Scott Stafne [ma11to:[email protected]
Sent: Monday, November 05, 2018 11:32 AM
To: Robert McDonald <[email protected]>; Angela & Chris Larson <[email protected]>; LeeAnn
httpa://mall.aooale.comfmail/u/1?ik=f58b0884a6&vtew=pt&aearch=all&permthld=lhread-4%3A1616324747378817960%7Cmsg-1%3A16164133685711...
Page 3466
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Stafne Law Mail -RE: LARSON I WA-18-813156-BS RE; Incident this morning 11/3/2018
12/1212018
Hal1:i'1n <[email protected]>; Kyle Welch <[email protected]>
Subject: Fwd: Incident this morning 11/3/2018
Rocky,
I have been discussing your stipulation with Chris and Angela Larson.
This they called me and stated that a realtor was on their property telling them It had been sold. I spoke with the realtor
and told him to leave the property. I Indicated that he might be named as a defendant In this action.
I asked my clients to put In writing what happened. You can review their statement below.
Just to make sure, will you please conflnn the Larson's property has not been sold.
Thank you.
Scott
Forwarded message-From: Angela Larson <[email protected]>
Date: Sat, Nov 3, 2018 at 11 :36 AM
SUbject Incident this morning 11/312018
To: Soott Stafne <[email protected]>
Good morning Scott,
At about 10:45 this morning we had a realtor by the name of Peter Roberts from John L. Scott pound loudly on our
door and when I opened It he proceeded to tell me that he was sent to our home to see If we were still living In It
because It had been foreclosed on. When I told him that the purported sale was not scheduled until November 16th
and that we had filed a lawsuit he proceeded to say that homes are sold behind closed doors and without the
homeowners knowledge all the time and that they had sent him and he assured me that the bank now owned our
home. We have reported the incident to the po0ce incident number #2018-156863 and I have attached a picture of the
gentleman's business card that he left.
Thank you for everything.
Scott Stafne, Attorney
https://mall.google.oom/mall/u/1?Ik=f58b0864a6&vlew=pt&searchc:aJl&permthk:1=thread..f%3A1616324747378817960%7Cmsg-f%3A16164133685711...
Page 3467
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~u
~
rlLEU
,AGIT COUNTY C'Lrnk.
,$XAGIT COUNTY. WA.'
1
2618D[C 14 AH·~ 06
3
4
5
6
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR THE COUNTY OF SKAGIT
8
9
55
10
11
CHRISTOPHER E. LARSON, a married
man as his separate estate, and ANGELA
LARSON, a married woman
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Case No: 18-2-01234-29
DECLARATION OF MICAH JAMES
ANDERSON
Plaintiffs,
V.
SNOHOMISH COUNTY, a Washington
State Municipal Corporation; CAROLYN
WEIKEL individually and as the
SNOHOMISH COUNTY AUDITOR and
Registrar; SONYA KRASKI, individually
and as the SNOHOMISH COUNTY
CLERK; JANE DOE individually and as
SNOHOMISH COUNTY EXAMINER OF
TITLES and LEGAL ADVISOR TO THE
REGISTRAR; SNOHOMISH COUNTY
SUPERIOR COURT JUDGES GEORGE
F. APPEL, GEORGE N. BOWDEN,
MARYBETH DINGLEDY, JANICE E.
ELLIS, ELLEN J. FAIR, ANITA L.
FARRIS, MILLIE M. JUDGE, LINDA C.
KRESE, DAVID A. KURTZ, JENNIFER
R. LANGBEHN, CINDY A. LARSEN,
ERIC Z. LUCAS, RICHARD T.
OKRENT, BRUCE I. WEISS, and
JOSEPH P. WILSON; THE STATE OF
WASHINGTON; WASHINGTON
STATE GOVERNOR JAY INSLEE in his
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official capacity; WASHINGTON STATE
ATTORNEY GENERAL ROBERT
FERGUSON in his official capacity as
WASHINGTON ATTORNEY
GENERAL; JOHN DOES Successors in
interest and assigns to NEW CENTURY
MORTGAGE COMPANY and
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.;
DEUTSCHE BANK NATIONAL TRUST
COMPANY;DEUTSCHEBANK
NATIONAL TRUST COMPANY as
trustee for Morgan Stanley ABS Capital I
Inc. Trust 2007- HE2 Mortgage Pass
Through Certificates, Series 2007;
MORGAN.STANLEY ABS CAPITAL I
INC. TRUST 2007-HE2; QUALITY
LOAN SERVICE CORPORATION OF
WASHINGTON, a Washington
Corporation; SELECT PORTFOLIO
SERVICING, INC., a Utah corporation;
and MORTOAGE ELECTRONIC
RECORDING SYSTEM, INC., a
Delaware corporation.
Defendants.
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1. My name is Micah James Anderson. I am over 18 years of age and competent to make
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this declaration and if necessary to testify in this matter. This declaration is based on
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personal knowledge as more fully appears herein.
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2. I have studied real estate law and the various forms of recording methods since the
landmark 2012 Washington State Supreme Court Opinion reached in Bain v. MERS.
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3. My studies have included the global application and history of the Torrens Land
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Registration System, with a focus on Washington's Torrens Act, and how it is related to
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the registration and confirmation of titles to land.
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Declaration of Micah Anderson
Page 2
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
12./ i -4./2 ~-18·
Page 3469
4. I have been educating others about the process of filing an application under RCW 65.12
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and the benefits land registration has to offer. Specifically, I explain how the Torrens Act
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affords protection against title fraud, secret liens, and hidden equities to the property
owner..
5. On May 21, 2018, I received an email from Mavis E. Betz d/b/a Skagit County Clerk
referencing questions I had about Skagit County's procedures regarding the Torrens Act.
Within Ms. Betz's email she states:
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"I spoke with the Skagit County Auditor, Jeanne Youngquist, about this matter.
The Torrens Act was used in this County in the 1B00's and early 1900's to
register lands. The Auditor's Office does not have any records on site regarding
the Land Registration Docket. Those records can probably be located at the
State Archives," and continues with "currently the process entitles the recording
of a Deed for lands. That does not mean that a Torrens Act cannot be used.
You would have to research the land to which you would like to register to see if it
qualifies as a Torrens Act piece of land."
A true and correct copy of Ms. Betz' s email correspondence is attached hereto as Exhibit A.
6. Washington's office of Secretary of State has confirmed through responses to public
records request, every county except for possibly the county of Thurston does not comply
with statutory bonding requirements prescribed by the Torrens Land Registration Act
such as,RCW 65.12.055 and RCW 65.12.090 since at a minimum 2010. I describe
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communications with the Secretary of State's office in Exhibit B (See Exhibit A from
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Writ of Prohibition), attached hereto. Exhibit B is a declaration I filed in support of the
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Singleton's response to the foreclosing defendants motion to dismiss their complain_t in
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Singleton v. W. Valley Enterprises, Inc., et. al., Mason County Superior Court Cause No.
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18-2-00358-23.
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Declaration of Micah Anderson
Page 3
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3470
7. The correspondence from the Secretary of State, which is attached as Exhibit M to my
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declaration, attached as Exhibit B hereto identifies the following counties as not having
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complied RCW 65.12.055 as of June 4, 2018:
a. Adams
b. Asotin
C. Benton
d. Chelan
e. Clallam
f. Clark
g. Columbia
h. Cowlitz
i. Douglas
j. Ferry
k. Franklin
l. Garfield
m. Grant
n. Grays Harbor
o. Island
cc. Skagit
dd. Skamania
ee. Snohomish
ff. Spokane
gg. Stevens
hh. Thurston
ii. Wahkiakum
jj. Walla Walla
kk. Whatcom
11. Whitman
mm.Yakima
p. Jefferson
q. King
r.
s.
t.
u.
Kitsap
Kittitas
Klickitat
Lewis
v. Lincoln
w. Mason
X. Okanogan
y. Pacific
z. Pend Oreille
aa. Pierce
bb. San Juan
8. Exhibit-B also documents my interactions and experiences with various Thurston County
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and Washington State officials in other legal matters with regards to Thurston County's
non-compliance with the Torrens Act.
9. On or about June 30, 2018 I became aware of Mr. and Mrs. Larson's application for title
to their land docketed at Skagit County.
10. July 30, 2018, I petitioned the Superior Court of Washington at Mason County for a
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certificate of title to my land by filing my Torrens Land Title Application and abstract of
title as described within the Torrens Land Registration Act codified under RCW 65.12.
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The Court Clerk informed me that, I must file the matter with county auditor. After
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several.· minutes of debate, the staff understood their duty to file, so my application and
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abstract of title were recorded and issued cause no: 18-2-0472-23.
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Declaration of Micah Anderson
Page 4
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
1?
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11. September 25, 2018, I was contacted by Sharon Fogo d/b/a Mason County Clerk and de
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facto Clerk of Court. Ms. Fogo, correspondence indicated that she was responding to my
September 13, 2018 email and that she is sorry for the delay in responding, my petition
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has been provided to Superior Court Administration for review, and they are in the
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process of locating an examiner. A true copy of Ms. Pogo's September 25, 2018 response
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to my September 13, 2018 email is attached hereto as Exhibit C.
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12. I properly responded to Ms. Pogo's September 25, 2018 email the same day requesting
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production of records with regards to many other Torrens Land Registration Act statutory
mandates including but not limited to:
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a. RCW 65.12.050; and
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b. RCW 65.12.055; and
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c. RCW 65.12.080; and
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d. RCW 65.12.090; and
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e. RCW 65.12.100; and
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f.
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g. RCW 65.12.300.
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RCW 65.12.110; and
To date, I am still awaiting responsive records. A true and correct copy of my response to
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Ms. Pogo's email is attached hereto as Exhibit D.
13. September 28, 2018, on its own motion, The Superior Court of Washington at Mason
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County. entered an order ex parte appointing attorney David Bay lay of Mason County to
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the position of Examiner of Titles for Mason County Superior Court Cause No.
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18-2-00472-23. The order requires Mr. Bayley to subscribe to an oath of office and
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Declaration of Micah Anderson
Page 5
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3472
secure a $10,000.00 bond prior to Mr. Bayley acting in the official capacity as "Examiner
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of Titles." A true copy of this order is attached hereto as Exhibit E.
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14. October 1, 2018, I was contacted by Sharon Fogo d/b/a Mason County Clerk and de facto
Clerk of Court. Ms. Fogo's correspondence stated the following:
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."Thank you for your email from 9-25-18. It appears you have requested certain
documents, the clerk's office is not in possession of any documents requested
therein. Our office is unable to provide you any legal advice per statute. You will
be contacted soon by the Superior Court."
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To date, I have not received any further correspondences from Ms. Fogo. A true copy of
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Ms. Fogo's October 1, 2018 email is attached hereto as Exhibit F.
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15. October 2, 2018, I attempted to contact Mr. Bayley to (among other things) verify his
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appointment, request a copy of his oath and bond, as well as to make payment
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arrangements as directed in the September 28, 2018 order. A true and correct copy of the
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aforementioned correspondence is attached hereto as Exhibit G.
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16. On or about October 5, 2018, I received a copy of a letter from Robyn Lockwood d/b/a
Court Administrator for the Superior Court of the State of Washington at Mason County
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to Mr Dayley. Ms. Lockwood's letter indicated Judge Cobb appointed Mr. Bayley as
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"examiner of titles" and a copy of his unsigned oath. A true and correct copy of this letter
is attached hereto as Exhibit H.
17. After waiting two weeks for a response, I again attempted to contact Mr. Bayley on
Monday, October 15, 2015, later that day Mr. Bayley finally responded and simply
stated: .
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: "Yes, I did receive your email. I will get back to you first thing Tuesday
morning.I will have completed several prior commitments by the end of today. "
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Declaration ofMicah Anderson
Page 6
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3473
18. The following day, Tuesday, October 16, 2018, Mr. Bayley did again contact me, at
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which point he stated:
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"Mr. Anderson, I have reviewed the Order of the Court appointing me the
Examiner of Title. I have called the local insurance agency to obtain the $10,000
bond, and hopefully will have the bond by the end of the day. Once I have the
f;,ond, I will sign the Oath that is required of the Examiner of Title. Also, pursuant
to the law, I have ordered an Abstract of Title on the lot in question from Mason
County Title for which I will use as a basis for my Examiner's Report of Title. I
should have Abstract of Title by the end of today. or by tomorrow morning. When
I receive the Abstract of Title, I will commence work on the Examiner's Title
Report."
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A copy of Mr. Bayley's October 15, 2018 and October 16, 2018 correspondences are
attached hereto as Exhibit L
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19. On October 31, 2018, I became aware Kitsap County Judge Jeanette Dalton was
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appointed to adjudicate another Torrens Act matter, known as Singleton v. West Valley
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Enterprises Inc., Case No. 18-2-00358-23.
JS
20. Shortly after receiving a copy of the order appointing Judge Dalton, I submitted a public
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records request to the Kitsap County Auditor's Office and the Kitsap County Superior
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Court for various documents including oaths, bonds, and rules regarding the Torrens
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Land Registration Act. Neither the Superior Court at the County of Kitsap, nor the Kitsap
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Auditor, could provide any responsive records to my request. A true and correct copy of
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the records request and responses are attached hereto as Exhibit J (see exhibit B.of writ
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of prohibition)
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21. December 6, 2018, I received an email from Mr. Bayley responding to my October 2nd
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inquiries with a letter attached. The attached letter was dated November 25, 2018 and
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Declaration of Micah Anderson
Page 7
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3474
appeared to be an attempt to address the questions and concerns raised October 2nd. A
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copy Mr. Bayley's December 6, 2018 email is attached hereto as Exhibit K.
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22. December 10, 2018 Attorney Scott Stafne requested that I contact Skagit County and
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inquire about various mandates the Torrens Land Registration Act requires of the county.
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This was accomplished by the submission of a public records request via Skagit County's
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online portal.
23. December 11, 2018, I attempted to petition Mavis E. Betz d/b/a Clerk for the County of
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Skagit for production of (among other things) the following:
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a. The most current bond for Skagit County "Examiner of Title"
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b. The most current oath of office for Skagit County "Examiner of Title"
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c. Contact details for Skagit County's current "Examiner of Title"
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To date, I am still awaiting a reply from the Clerk and/or her office.
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24. December 12, 2018, I attempted to call the Skagit County Clerk's Office to request any
information as to who has been appointed to the position of Title Examiner in and for the
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County of Skagit. The Deputy Clerk, I spoke with stated that she has no idea what I am
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talking about despite citing RCW 6512.090 which reads:
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;"The judges of the superior court in and for the state of Washington for the
counties for which they were elected or appointed shall appoint a competent
attorney in each county to be examiner of titles and legal adviser of the registrar.
The examiner of titles in each county shall be paid in each case by the applicant
such compensation as the judge of the superior court of the state of Washington in
andfor that county shall determine. Every examiner of titles shall, before entering
upon the duties of his or her office, take and subscribe an oath of office to
faithfully and impartially perform the duties of his or her office, and shall also
give a bond in such amount and with such sureties as shall be approved by the
judge of the said superior court, payable in like manner and with like conditions
as required of the registrar. A copy of the bond shall be entered upon the records
of said court and the original shall be filed with the registrar. "
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Declaration ofMicah Anderson
Page 8
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3475
The Deputy Clerk did however direct me to Skagit County Superior Court Cause No:
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18-2-00008-29 and stated that if Skagit County had an Examiner of Title their oath and
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bond would have been recorded and be searchable under that cause number.
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25. After my conversation with the Deputy Clerk, I called the Office of Skagit County
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Auditor to inquire about the person appointed to the position of Examiner of Titles for
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Skagit County. The Deputy Auditor I spoke with informed me that in her 20 years
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working at the office she has never heard of a "Title Examiner" or an "Examiner of
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Titles." She then suggested I speak with David Cunningham.
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26. David Cunningham also informed me that he too has never heard of such a position as a
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"Title Examiner" or an "Examiner of Titles" in his twenty years with the county. After
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our conversation, David stated that he will look into the matter and not to be surprised if
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he is unable to locate any responsive records. I informed Mr. Cunningham that in all my
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research, I have yet to come across a county with an functional torrens system and that I
do not expect Skagit Count to be any different.
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27. Later on that same day (December 12th), I received an email from David confirming my
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expectations. A true and correct copy of Mr. Cunningham's response is attached hereto as
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ExhibitL.
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28. Based upon the records herein, it is my belief that the Judges in and for the Superior
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Court for Washington failed to fulfill their administrative and ministerial duties necessary
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for Skagit County to be in compliance with several statutory requirements of the Torrens
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Land Registration Act including but not limited to RCW(s) 65.12.055, 65.12.090, RCW
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65.12.080; 65.12.090, 65.12.100, 65.12.110, 65.12.300 which are conditions precedent to
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Declaration of Micah Anderson
Page 9
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3476
landowners being able to take advantage of the protections the Torrens Act affords
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against title fraud as well as secret liens and hidden equities.
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29. Skagit County superior court judges failure to comply with the Torrens Act puts them in
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the same situation as the Snohomish County superior court judges who are being sued for
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precisely this same conduct.
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I declare under penalty of perjury, under the laws of the State of Washington, that the
forgoing is true and correct to the best of my information and belief.
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Dated this 13th day of December 2018, at Olympia, Thurston County, Washington.
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Micah James'~',son.
·. · Declarari.t
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.,
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Declaration of Micah Anderson
Page 10
STAFNE LAW Advocacy & Consulting
239 Olympic Avenue
Arlington, WA 98223
(360) 403-8700
Page 3477
EXHIBIT A
LARSON v. SNOHOMISH COUNTY at el.
Cause No: 18-2-01234-29
Page 3478
12/12/2018
Stafne law Mall - RE: Rule 57 entitled "declaratory judgment"
- ~ STAFNE LAW
Micah Anderson <[email protected]>
.ivAdvocacy:& Consulting
RE: Rule 57 entitled "declaratory judgment"
Mavis Betz [email protected]>
.
Mon, May 21, 2018 at 2:29 PM
To: "micah@~tafnelaw.com" <[email protected]>
Cc: Jeanne Youngquist <[email protected]>, Betty Murphy <[email protected]>, Brian Smead
<[email protected]>, "Carla J. Driscoll" <[email protected]>, "Chris A. Smiley• <[email protected]>, Christina
Wilson <[email protected]>, Cookie Parker <[email protected]>, "Echo M. Rockwood" <[email protected]>,
Jessica Carter <[email protected]>, Katharine Davies <[email protected]>, Katie Young <[email protected]>, Kris
Desmarais <[email protected]>, Kristen Denton <[email protected]>, "Lea A. Alexander" <[email protected]>, "Linda
B. Petrzelka~ <[email protected]>, Lori Churchill <[email protected]>, Mary Gibbs <[email protected]>, Melissa
McLain <[email protected]>, Paige Perkins <[email protected]>, Teri Bordua <[email protected]>
· Ms. Ande~on:
I
Yout question has been furwarc:led to me for response. Rule 57 regarding Declaratory Ju;dgments has nothing to do with a Torrens
Act matter. I would read. HCW 65.12 in its entirety to understand the processes regarding a petition under Torrens.
'
I spoke with the Skagit County Auditor, Jeanne Youngquist, about this matter. The Torre~s, Act was used in this County in the
1800's arid early 1900's to re9ister lands. The Auditor's Office does not have any record~ on site.regarding the Land Registration
Docket. rhose records can probBbly b.e loc-,ated at the State Archives.
Currently the process entitles the recording of a Deed for lands .. That does not mean th~t a Torrens Act cannot be used. You
would have to research the land to which you would like to register to see if it qualifies asi a Torrens Act piece of land.
Should you have any further questions regarding this matter, please feel free to contacll)1e.
Mavis ".£. 1Betz
Skagit County Clerk
205 W Kincaid Rm 103
Mount Vernon WA 98273
[email protected]
360~416-1801
From: Micah Anderson <[email protected]>
Sent: Thursday, May 17, 2018 11:14 AM
f
httos://mall.google.com/mall/u/2?ik=a29f2c4594&vlew=pt&search=all&permmsgid=msg-f%3A1601110708397979978&slmpl=msg-f%3~6,91~ Q79;8~_,, .fil. ~
-=- :;:._.• -- -::-,• =- =-· -=- ~-
Page 3479
12/iV2018
Stafne Law Mail - RE: Rule 57 entitled "declaratory judgment"
To': $uperior Court Clerk <[email protected]>
Subject: RE: Rule 57 entitled "declaratory judgment"
[Quoted text hidden]
https://mall.google.com/mail/u/2?Ik=a291'2c4594&view=pt&search=all&permmsgid=msg-f%3A1601110708397979978&slmpl=msg-f%3A\6~ ~
. : . ;._,•
Page 3480
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EXHIBITB
LARSON v. SNOHOMISH COUNTY at el.
Cause No: 18-2-01234-29
Page 3481
.:e
•
STAFNELAW
Pam MIiier <[email protected]>
Ad.VOCAC-J &Consulting
Public Records Request Per. RCW 42.56
5 messages
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Micah Anderson <mlcah@U,epeopleforthurston.co>
Thu, May 31, 2018 at 1:03 PM
To: Public Records <[email protected]>
Good Afternoon,
Background:
RCW 65.2.055 enUtled "Bond of Registrar" reads:
"Every county auditor shall, before,enterlr,g upon his or her duties as registrar of titles, give a bond with sufficient
sureties, to be approved by a judge of the superior court of the state of Washington in and for his or her county, payable.
to the state of Washington, in such sum as shall be fixed by the said judge of the superior court, conditioned for the
faithful discharge of his or her duties, and to deliver up all papers, books, records, and other property belonging to the
county or appertaining to his or her office as registrar of tiUes, whole, safe and undefaced, when lawfully required so to
do; sald bond shall be flied In the office of the ~ecretary of state, and a copy thereof shall be filed and entered upon
the records of the superior court !n the county wherein the county auditor shall hold office.n
Per RCW 65.2.055 and authorized under RCW 42.56, I shall require for my personal inspection any and all records of
said bond within your possession regarding the followlng Counties:
Adams
Asotin
Benton
Chelan
Clallam
Clark
Columbia
Cowlitz
Douglas
Fe1TY
Franklin
Garfield
Grant
Grays Harbor
Island
Jefferson
King
Kitsap
Kittitas
Klickitat
Lewis
Lincoln
Mason
Okanogan
Pacific
Pend Orellle
Pierce
San Juan
Skagit
Skamania
Snohomish·
Spokane
Stevens
Thurston
Wahkiakum
Walla Walla
Page 3482
Whatcom
Whitman
Yakima
I wish for the records requested that are within your possession to be provided via a digital format and commencing from
the year 2010 through today, May 31st. 2018. If these records are not available In a digital format than, I shall be requiring
personal inspection of said bonds.I look forward to your timely response within five (5) business days as prescribed by
law.
micah james: Anderson
All Rights Reserved
The People For Thurston County
(360) 489-1309
920 Poplar Street
Olympia Washington
CONFIDENTIALITY NOTICE: This e-mail message (including attachments} is covered by the Electronic
Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and Is intended only for the person or entity to which
it Is addressed and may contain confidential and/or privileged material. Any unauthorized review, use,
disclosure dissemination, copying, forwarding or distribution ls prohibited. If you are not the intended
recipient, please conta"ct the sender by reply e-mail and destroy all copies of the origtnal message. If you are
the intended recipient but do not wish to receive communications through this medium, please so advise
the sender immediately. Email may contain copyrighted material the use of which has not always been
specifically authorized by the copyright owner. I am making such material available to my readers under the
provisions of 11falr use". The material Is distributed without profit to those who have expressed a prior
Interest in receivlng it for research and educational purposes.
Page 3483
EXHIBIT C
LARSON
v. SNOHOMISH COUNTY at el.
Cause No: 18-2-01234-29
12.-
Page 3484
✓ 1
l!./2ft.t·!
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Micah Anderson <[email protected]>
~St~fne Law Mail
Mason County Torrens Land Registration Docket No: 18-2-0472-23 status update
3 messages
Micah Anderson <[email protected]>
Thu, Sep 13, 2018 at 12:58 PM
To: [email protected]
Bee: Scott Stafne <[email protected]>, Pam Miller <[email protected]>, Alexander McDermott
<[email protected]>
On J.!-!_1.Y.. 3.Ql.~Q).~,.. mY. application for Registration of Land litle was made and given# 18-2-0472-23. Since petitioning the
court for registration of land, a persons doing business as "MASON COUNTY ASSESSOR" ln colluslon with a"Board of
Equalization" have made unsolicited presentments with regards to my land.
Thus this presentment demonstrates that these persons specifically "MASON COUNTY ASSESSOR", "Board of
Equalization", and ''Community Services" are In fact clalmlng to hold interest and/or equity in my personal real property
without providing proof of claim. These unsolicited presentments have resulted in damages being suffered. I shall be forced
to take further legal action if the aforementioned persons persist in attempting any unlawful conversion of my property.
RCW 65.12.110 requires an examination of title by a competent attorney who shall be known as the "Title Examiner''. The
Examiner's duties include identifying any and all Interested parties with regards to my land. To date, I have not received any
information from the Title Examiner that verifies "MASON COUNTY ASSESSOR", and/or "Board of Equalization", and/or
"Community Services" have any lawful interest in my property.
I would like to know where in the process the Examiner is with respect to their review. Can you please provide me with the
contact information for ;the Examiner of Titles or forward this email so that they can contact me? (I was unable to find any
information on the website).
Thank you for your assistance Micah Anderson
Sharon Fogo <[email protected]>
To: Micah Anderson <[email protected]>
Tue, Sep 25, 2018 at 9:35 AM
Good morning Mr; Anderson,
Thank you for your email. I am sorry for the delay in responding. Your petition has been provided to Superior Court
Administration for review. I know they are in the process of locating an examiner.
Sincerely,
/v1asov,. Cc,v.v,.ty Clerk
PO Box '540
Sheltori WA
qg5g4
3~0-4~7-q670 X'346
»> Micah Anderson <[email protected]> 9/13/2018 12:58 PM>»
[Quoted text hidden]
Micah Anderson <[email protected]>
Tue, Sep 25, 2018 at 3:10 PM
To: [email protected]
Cc: [email protected]
Bee: Pam Miller <[email protected]>, Alexander McDermott <[email protected]>, Donovan McDermott
<[email protected]>, HS S <[email protected]>, Scott Stafne <[email protected]>
https://mall.google.com/mail/u/O?ik=a29f2c4594&view=pt&search=all&permthid=thread-a%3Ammial-r-489422891977135O6O&slmpl=m!91.Y[s-4~_;,~-~f'~
Page 3485
EXHIBITD
LARSON v. SNOHOMISH COUNTY at el.
Cause No: 18-2-01234-29
Page 3486
l:>tafne Law Mail - Mason County Torrens Land Registration Docket No: 18-2-0472-23 status update
Micah Anderson <[email protected]>
~~tafne Law Mail
Mason County Torrens Larid Registration Docket No: 18-2-0472-23 status updateti;"
f ·,
~
Micah Anderson <[email protected]>
Tue, Sep 25, 2018 at 3:10 PM
To: [email protected]
Cc: [email protected]
Bee: Pam Miller <[email protected]>:, Alexander McDermott <[email protected]>, Donovan McDermott
<[email protected]>, HB S <[email protected]>, Scott Stafne <[email protected]>
. •, :
Shaton,
Thank you for the reply. Howe-.•er, I am a little confused and I would be most grateful if you could please respond to the following _,.\ ,
questions with regards to the petition filed on July 30, 2018, and the Tori-ens Application process. I took the liberty of including Mason i ;
County Auditor in this correspondence in an effort to clarify the matter of Mason County Cause No:18-2-0472-23.
'!
RCW 65.12.050 reads as follows:
"The county auditors of the several counties of this state shall be registrars of titles in their respective counties, and their deputies shall.be
deputy registrars. All acts performed by registrars and deputr registrars under this law shall be performed under rules and instructions. ,; .
established and given by the superior court having jurisdiction of the county in which they act."
·
Has the Superior Court established rules and instructions with regatds to the Torrens Title Application process?
could you please provide me a copy and/ or make a,'ailable for my personal inspection said rules and instructions
with regards to the Torrens Act?
'
0
o If so,
RCW 65.12.055 reads as follows:
• Every county auditor shall. before entering upon hls or her duties as registrar of titles, give a bond with sufficient sureties, to be approved
by a judge of the superior court of the state of Washington in and for hls or her county, payable to the state of Washington, in such supu~
sMll be fixed bythe said judge of the superior court, conditioned for the faithful dischatge of his or her duties, and to deliver up all pae~~..
books, records. and other property belonging to the county or appertaining to his or her office as registrar of titles, whole, safe and
;·
undefaced, when lawfully required so to clo; said bond shall be filed in the office of the secretary of state, and a copy thereofshall be filed
and entered upon the records of the superior court in the county wherein the count}• auditor shall hold office. 11
Has a judge of the Superior Court of Washington in and for the County of Mason approved a bond with sufficient I ; •
'.' ·!
sureties in order for the County Auditor to conduct business as "Registrat of Titles"?
1
o If so, is said borid payable to the. State of Washington and is on file with Washington's Office of Secretary of State with a'. .1
copy thereof filed and entered upon the records of the Superior Court at the County .of Mason?
o
RCW 65.12.080 reads as follows:
"The application shall be filed in the office of the clerk of the court to whlch the application ls made and in case of personal sei-v.ice a tliuf~
copy thereof shall be seived with the summons, and the clerk shall docket the case in a book to be kept for that purpose, which shall be ' ;
known as the "land registtatiori dock!!t". The record entty of the application shall be entitled (name of applicant), plaiotiff, against (here
insert the names of all persons named in the application as being in possession of the premises, or as having any lien, incutnbrance, right,
title or interest in. the land,. and the name$ of all persons who shall be found by the report e>f the .examiner hereinafter provided for to be in
possession or to have any lien, incumbrance, right, title or interest in the land). also all other persons or parties unknown, claiming any.' ·
right, title, estate, lien or interest in the real estate described in the application herein, defendants."
o
Was my applicatioii (Mason County Cause No:18-2-0472-23) docketed in a book known as the 111.and Registration
Docket"?
RCW 65.12.090 reads as follows:
'The judges of the superior court in and for the state of Washington for the counties for ,vhich.they were elected or appointed shall
appoint a competent attorney in each county to be examiner of titles and legal adviser of the registrar. The examinCJ: of titles in each
county sMll be paid in each case by the applicant such compensation as the judge 0£ the superior court of the state of Washington in and
for that county shall determine. Every examiner of titles shall, before entering upon the duties of his orher office, take and subscribe aru · '.
oath of office to faithfully anci impartially perform the duties of his or her office, and shall also give a bond in such amount and with supt ,
sureties as shall be approved by the judge of the said superior cou11:, payable in like manner and with like conditions as required of the
registrar. A copy of the bond shall be entered \lpon the records of said court and the original shall be filed with the registrat."
o
Am I to understan4' the Superior Court Judges at Mason County have failed to appoint a competent attorney to be the
Examiner of Title a~ well as the legal advisor to registrar?
...
https://mall.google.com/maiVu/O?lk=a29f2~594&vlew=pt&search=all&oermmsold=mso-a%3Ar2A5R73!'\fl51 ?401114?7 R.<>lmnl=m.,,.,.,.o1.!~~.4:;.11""2 t· 1~
Page 3487
::itatne Law Mail - Mason County Torrens Land Registration Docket No: 18-2-0472-23 status update
· RCW 65.12.100 reads as follows:
,,. At the time of the filing o( the application in the office of the clerk of the court, a copy thereof, certified by the clerk, sha_ll~i; filed (but
need not be recorded) in the office of the county auditor, and shall have the force and effect of a !is pendens. "
··
<
o Ha,•e you, Sharon Fogo d/b/a "Mason County Clerk" and defatto "Clerk of Courts" delivered a certified copy to the
county Auditor for filing?
RCW 65.12.110 reads as follows:
~f
''Immediately after the filing of the abstl.11ct of title, the court shall enter an order referring the application to an examiner tiJ~s, who
shall proceed to examiJ.1e .into the title and into the truth of the matters set forth in the application, and particularly whether the land is
occupied, the nature of the occupation, if occupied, and by what right, and, also as to all judgments against the applicant or those through
whom he or she claims title, which may be alien upon the lands described in. the application; he or she shall search the records; and
investigate all the facts brought to his or her notice, and file in the case a report thereon, including a certificate of his or herop~nion upon
the title. The clerk of the court shall thereupon give notice to the applicant of the filing of such report. If the opinion of the ex~miner is
adverse to the applicant, he or she shall be allowed by the court a reasonable time in_which to elect to proceed further, or to withdraw his
or her application. The election shall be made in writing, and filed with the clerk ofth.e court. "
to un9erstand that after nearly 60 days me court has failed to enter an order referring the application t.o, ~ Examiner
ofTitlcs?
' · ;,
. Could you please admit or deny my application has been noted on Mason County's Torreri ~d Registtatioti Docket?
o Am I
o
RCW 65.12.300 reads as follows:
''The registrar of titles, under me direction of me court, shall make and keep indexes of all duplication and of~ certified copii:s and
decrees of registration and certificates of titles, and shall also index and file in classified order all papers and instruments filed in his or her
office relating to applications and to registered titles. The registt-ar shall also, under the direction of the court, prepare and keep forms of
indexes and entry books. The court shall prepare and adopt convenient forms of certificates of titles, and also general forms t;if memorials
or notations to be used by the registrars of titles in registering me common forms of conveyance and other instruments to express briefly
their effect."
o
Could you please direct rile to where !may find the following forms with regards to RCW 65.12.300:
1. The convenient forms of certificates of titles; and
2. general forms ofmernorials and/o.r notations; and
3; common forms of conveyance.and oilier instruments to express briefly their effect
Thank you for your timely response,
micah james: Anderson
[Quoted text hidden]
https://mail.google.com/mall/u/0?lk=a29f2c4594&vlew=pt&search=all&permmsgld=msg-a%3Ar2958735851240111427 &slmol=miin-::1%:lA2'?~.A'7~4.-/
Page 3488
2~
8
EXHIBITE
LARSON v. SNOHOMISH COUNTY at el.
Cause No: 18-2-01234-29
Page 3489
·.~~.-·-..
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ORAPI
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Order Appolnttng EXpert tor Examination
CLERK
~
2818 SEP 28 p ) S& .( $)
•
a
SUPEnt'oR COURT OF
SHARON K. FOGO WA..
-.-·:·•
BY.-r.~DEPUT,Y
M~
SUPERIOR COURT OF WASHINGTON
COUNTY OF MASON
In the matter of the appllcatlon of mlcah
James: Anderson to register titlEfto land
hereinafter described,
•,'":·· ..
Petitioner,
v.
THE COUNTY OF MASON; JOlitfDOE;
JANE DOE; ALL QTH[;R ~ER.SONS OR
PARTJES UNKNOWN CLAiMfNG ANY
RIGHT, TITLE, ESTATE, LIEN ·oR
INTEREST fNTO, OR UPON THE REAL
PROPERTY DESCRIBED HEREIN,
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No. ·t 8-2·00472•23.
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ORDE.RiA.#tiP~TlftQJ:.xAfln°tNf;B OF .
TITLES PliRSl:JANT°TO Rcw·;e&; 12.0BO
.. /: ...
)
}
[CRAPE]
)
)
)
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Respondent. ))
_______ _______
.,._.
THE COURT having reviewed the records and flies herein, now, therefore, It Is hereby
~ •·
ordered that
Pursuant to RCW 155.12.090, DAVID BAYLEY, Attorney at Law, is appointed to be examiner
and
of titles In this matter. Before entering upon the duties of this appointm,f!U)l1r:-~ shall take
. ~ ~· .
'
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.......
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subscribe an oath of office to faithfully and Impartially perform the
duff~;;of Examlner of Titles and
. ·.;~· .•
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·,:"':•...
shall also give a bond in the amount of $10,000 payable to the State::oJ:W.ashlngton. The examiner
.:_:> ~· --·;.:
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of titles shall be paid by the petitioner for all fees and costs incumtd;at..~i~.n.ormal and customary
::,,.
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rate. The petitioner shall contact Mr, Bayteyto make payrn·ent arrang~(l)nts.
DATEDthis
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:(i:i!t:~R APPOINTING EXAMINER OF TITLES -1
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Page 3490
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Conformed copies provided to:
......
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micah James: Anderson
920 f>oplar Steet Northeast
Olympia;
WA 98501f..~-.
·,
'~.'i: ,,:i\
6~vld Bayley
'•
·•.
-~•·,
Attorney at Law
Mason County Title
130 W Railroad Avenue
PO Box278
~t-·
Shelton, WA 98584
(360) 426-9713
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Page 3491
EXHIBITF
LARSON
v. SNOHOMISH COUNTY at el.
Cause No: 18-2-01234-29
Page 3492
Stafne Law Mail - Torrens Petition
12/5/2018
~Stafne
.·. !,..a
Law Mail
Micah Anderson <[email protected]>
Torrens Petition
1 message
Sharon Fogo <[email protected]>
To: Micah Anderson <[email protected]>
Mon, Oct 1, 2018 at 9:26 AM
Mr. Anderson,
Thank you for your email from 9-25-18; It appears you have requested certain documents, the clerk's office is not in
possession of any documents requested therein. Our office is unable to provide you any legal advice per statute. You
will be contacted soon by the Superior Court.
Sincerely,
fvl~soll\ Cov.Y'Lt!j Clerk
PO 13ox 340
She(toVl WA '18S84
360-427-'1670 X34~
.... ~~-11-.,11 "''""'"
"""',"'"111, 1/0?ilc=:,?Qf?rA!';94&viAw=ol&search=all&oermthld=U1read•f%3A1613141078391604581 &slmpl=msg-f%3~
Page 3493
f2~414'f9·2 ·~· fB·
EXHIBIT G
LARSON v. SNOHOMISH COUNTY at el.
Cause No: 18-2-01234-29
Page 3494
Stafne Law Mail - Mason Cou"IY Cause No: 18-2-00472-23
12/5/201°8
Micah Anderson <[email protected]>
:~staf~e Law Mail
Mason County Cause No: 18-2-00472-23
------------'---~--------------------------------Micah Anderson <[email protected]>
Tue, Oct 2, 2018 at 4:43 PM
To: [email protected]
Bee: Donovan McDermott <[email protected]>, Alexander McDermott <[email protected]>, HB S
<[email protected]>
Greetings Mr. Bayley,
I have been informed that you have been appointed to the position of "Title Examiner" in and for Mason County. However,
I am a little confused by the order Itself well as your credentials arid would be most grateful if you could please address
a few of my questions.
as
RCW 65.12.090 reads as follows:
"The judges of the superior court in and for the state of Washington for the counties for which they were elected or
appointed shall appoint a competent attorney In each county to be examiner of titles and legal adviser of the registrar. The
examiner of titles In each county shall be paid In each case by the applicant such compensation as the Judge of the
superior court of the state of Washington in and for that county shall determine. Every examiner of titles shall, before
entering upon the duties of his or her office, take and subscribe an oath of office to faithfully and impartially perform the
duties of his or her office, and shall also give a bond in such amount and with such sureties as shall be approved by the
judge of the said superior court, payable in like manner and with like conditions as required of the registrar. A copy of the
bond shall be entered upon the records of said court and the original shall be filed with the registrar."
1) Were you appointed by a quorum of the Judges in and for the County of Mason or have you been appointed by the
presiding Judge in and for the County of Mason?
2) Are you the legal adviser to the Registrar?
3) Has a judge entered an order determining and/or identifying your rate of compensation
4) I understand that ac~ording to the WSBAyou are "house counsel", what firm and/or agency are you house counsel
for?
5) What experience do·you have working with Registered land and/or the Torrens Act?
6) Could you please provide me with proof malpractice insurance and/or any and all other occupational insurance/bond
policies?
·
I look forward to your timely response,
rnlcah James: Anderson
ffi Mason's order.pdf
808K
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Page 3495
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ORAPI
:._·:.
011111' Appolnttng Expert for Examination
48280
.... ;.
SUPERIOR COURT OF WASHINGTON
COUNTY OF MASON
In the matter of the appli.aatlon of mlcah
James: Anderson to reglstertitle·to land
hereinafter described,
.."":··.
j_.
)
)
)
)
Petitioner,
)
)
)
THE COUNTY OF MASON; JOHN:DOE;
JANE DOE; ALL OTHER F:-:ffi_~ONS OR
)
)
PARnES UNKNOWN CLAIMING ANY
RIGHT, TITLE, ESTATE, LIEN.OR
INTEREST lNTO, OR UPON THE REAL
PROPERTY DESCRIBED HEREIN,
}
v.
____________
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~
No. 18-2-0'047z
.. ,. ....23_
.
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[ORAPE]
)
)
)
)
Respondent. )
THE COURT having reviewed the records and flies herein, now, therefore, It Is hereby
ordered that:
•
Pursuant to RCW 65.12.090, DAVID BAYLEY, Attorney
at Law, fs appointed to beexamt.ner
of tltfes In this matter. Before entering upon the duties of this appoirfuri~m,:Mr.'·$iytey shall ~ke and
..
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. ·~·:
• .- •
•
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,•
subscribe an oath of office to faithfully and Impartially perform the du~~~i~f Examiner of Titles a~d
shall also give a bond in the amount of $10,000 payable to the St~ftfot:W,ashlrigton. The examiner
~:•·
...
,~
. .
.
oftitles shall be paid by the petitioner for an fees and costs lncurr.e,(l
,·..
-~·at\tf.~
.. _normal and customary
;;
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rate. The petitioner shall contact Mr. 8ayley to make paymer,f~r~~ng~~ente.
DATED this
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,.. . .i'i•··oRDER APPOINTING EXAMINER OF Tff!_.ES • 1
t'.l:t:
Page 3496
.....~•· ·.;, .....
Conformed copies provided to:
micah James: Anderson
920 Poplar Steet Northeast
~lrmpla; WA 985Qt:
.•).
...
.......
~-- \.,f·,)
tAivld Bayley . . . '"i
Attorney at Law
Mason County Title
130 W R~ilroad Avenue
PO Box278
Shelton, WA 98584
(360) 426-9713
....
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Page 3497
EXHIBITH
LARSON v. SNOHOMISH COUNTY at el.
Cause No: 18-2-01234-29
Page 3498
~tq)etio~ourt of tbe ~tate of 'Wbington
for tbe ~outtt!' of jli(ason
AMBER t, FINLAY, Judge
Ilepartment No. 1
MONTYD, COBB,Judge
:
Department No. 2
DANIELL, GOODELt, Judge
Departmmt No, 3
'
·RECEIVGQ~
•
Mi\SOH CO. C
-Court Administrator:
10\8 OC1 • \t0~ ~ ~ 1
P.O.Box"X"
Shelton, Washington 98584
(360) 427-9670 Bxt 348
:'\ SUPERIOR COURT OF WA.
\, I
SHARON K. FOGO_
SY
U\~
OEPUJ.Y
October 1, 2018
David Bayley
Attorney at Law
Mason County Title
P.O. Box 278
Shelton, WA ~8584
RE:
er:.
er .
Applicat:i.on of mic:ah james: Anderson v. County
of Mason, et al.
Mason County Superior court No. 18-2-00472-23
Dea:r Mr. Bayley:
Judge Cobb has appointed you to be examiner of ti-tles
A copy of the order is
enclosed for your records. Also enclosed is an Oath· for
your signature and return to this office.
in the above-referenced matter.
The order provid~s that Mr. Anderson shall c;:ontact you
and make payment arrangements. Once t~at is done. and you
have obtained a $.10; ooo bond payable to the .State of
Washington, please file a copy of the bond with the court
and the original with the Auditor's Office • .
If you have questions or need additional information,
please .do not hesitate to contact me,
Sincereiy,
MASON COUNTY SUPERIOR COURT
VJ3/'-c>fo~
ROBYN LOCKWOOD
court Administrator
RL
Enclosures
cc: micah james: Anderson (w/cc of Order·&: unsigned Oath)
Page 3499
~.,,_-, ...
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Oath
Examiner of Titles
•=:---:;"'·- l'\"
··,:..,,----
_:____;·---.
ChJ:f'
STATEOFWASHINGTON)
:SS.
Cotmty of Mason
)
I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of
Washington and that I wi1l faithfully and impartially perform the duties of the office of Examiner ofTitles to the best of my
ability.
Page 3500
!
~
·-·------= :<-~·-,_..,_.,___ _ --•---~::.+;~
DAVID BAYLEY
Subscribed and sworn to before me this _ _ _ _ day of _ _ _ _ _ _ _~
2018
Notary Public in and for the State of Washingfon, residing at Shelton
Commission expires: _ _ _ __
•:~ ~-
I}~ ;
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