motion for restraining order2

8/8/2019 Motion for Restraining Order2

http://slidepdf.com/reader/full/motion-for-restraining-order2 1/3

- 1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Samuel Salmon917A Philpott Rd.Colville, WA 99114

STATE OF WASHINGTONSTEVENS COUNTY SUPERIOR COURT

SAMUEL SALMON AND ROXY SALMON,

PLAINTIFF,

VS.

BANK OF AMERICA CORPORATION,

RECONTRUST, M.E.R.S., AND

MERSCORP INC.

DEFENDANT

)))))))))))))

CASE NO.: 10-2-00596-8

MOTION FOR:

TEMPORARY RESTRAINING ORDER,PRELIMINARY INJUNCTION

MOTION

Plaintiff, moves the court for the issuance of a TemporaryRestraining Order, and Preliminary Injunction because of the

following facts and observations:



- 2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Plaintiff Samuel and Roxy Salmon is and was at all timesmaterial hereto the legal owner of residential real propertylocated at, LOT(S) 3 OF SHORT PLAT NO. SP 33-96, LOCATED INTHE SW1/4 OF SECTION 21, TOWNSHIP 34 NORTH, RANGE 39 EAST,W.M., IN STEVENS COUNTY, WASHINGTON, ACCORDING TO PLATRECORDED NOVEMBER 14, 1996, UNDER AUDITOR'S FILE NO.9612321,which is located at 917C Philpott Rd. Colville, WA 99114.

1. Plaintiff has determined the corporation assignmentdeed of trust recorded at Stevens County Recordersoffice under file No. 2010 0007023, is faciallydefective therefore is disqualified because of thefollowing reasons:

2. RCW 61.24.020 requires the deed of trust andforeclosure are subject to all mortgage laws, andrequires the trustee and beneficiary to be separateentities, and specifically states “No person,corporation or association may be both trustee andbeneficiary under the same deed of trust”.

3. Plaintiff has discovered, (the trustee) ReconTrustCompany, N.A. is a wholly-owned subsidiary of (thebeneficiary) Bank of America, N.A. this associationdisqualifies their corporation assignment deed of trustrecorded at Stevens County Recorders office under fileNo. 2010 0007023, and therefore nullifies the standingof said defendants claim on said property.

4. Defendants demands for payment, and their foreclosureproceedings through an unqualified, facially defectivedeed of trust is entirely out side of legal boundaries.

5. Plaintiff also suspects fraud, for the same signersigned for both corporations Bank of America, and MERSon the deed of trust listed at Stevens County Recordersoffice under file No. 2010 0007023. Also because theamount listed on the alleged NOTE $417,000 is more thanthe correct principal amount the Plaintiff agreed toand signed for.

6. MERS capacity to assign a new lender as merely actingsolely as nominee for the Lender, does not qualify as abeneficiary which is defined as the holder of theinstrument or document pursuant RCW 61.24.005(2).



- 3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

7. Stevens County Superior Court has jurisdiction to issuea restraining order and injunction on defendant’sforeclosure proceedings pursuant to RCW 61.24.020, andRCW 7.40.010.

8. The defendants unqualified deed of trust at the StevensCounty Recorders Office, has opened the door forfurther investigation pursuant RCW 61.24.030 (7)(a),and (7)(b) which disqualifies any declaration by thebeneficiary made under the penalty of perjury statingthat the beneficiary is the actual holder of thepromissory note. Therefore enabling the plaintiff torequire proof of the actual original Note.

9. A proposed Order accompanies this motion.

10. Plaintiff sends a certified copy of this Motion to thelisted “trustee” on the date of Clerks filing, and willrecord the return receipt as verification.

____________________CLERK OF COURT

____________________Date

_________________________________Signature of Clerk or Deputy Clerk

By Plaintiff,

___________________ , ________________Samuel Salmon Roxy Salmon

917C Philpott Rd.Colville, WA 99114

motion for restraining order2

Documents