Samuel and Roxy Salmon, hereafter referred to as Plaintiff are listed as borrower on

Deed of Trust at Stevens County Recorders Office Auditors File # 2007 0012467, 2007

0012468 (Exhibits A & B), in Stevens County, WA, are suing Bank of America FKA

Countrywide for illegally collecting monies on promissory note recorded by deeds of

trust and, are fraudulently claiming to be the lender, and or beneficiary of promissory

note recorded by said Deeds of Trust in Stevens County, WA.

The “Corporation Assignment of Deed of Trust at Stevens County Recorders Office

Auditors File # 2010 0007023” recorded September 23, 2010 (Exhibit C), “Notice of

Default” was issued by BAC on property located at 917 A PHILPOTT ROAD COLVILLE,

WA. 99114 (Exhibit D) post marked September 02, 2010, and “Notice to Resident of

property subject to foreclosure sale” was issued by BAC on property located at 917 A

PHILPOTT ROAD COLVILLE, WA. 99114 (Exhibit E) October 21, 2010.

PLAINTIFF AFFIRMS THAT, According to the Corporation Assignment of Deed of Trust

on filed under the authority of Stevens County Auditor, in Stevens County, WA, BAC

HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP

RECONTRUST COMPANY, N.A. as agent for beneficiary (Exhibit C), are not legally

qualified as a Lender, or Trustee, or the Beneficiary, under RCW 61.24.010 (3), (4), as

the Trustee ReconTrust Company, N.A. is a wholly-owned subsidiary of Bank of

America and is fiducially responsible entirely to The Lender.

RCW 61.24.010 Trustee, qualifications — Successor trustee.      (3) The trustee or successor trustee shall have no fiduciary duty or fiduciary obligation to the grantor or other persons having an interest in the property subject to the deed of trust.     (4) The trustee or successor trustee has a duty of good faith to the borrower, beneficiary, and grantor.

1

The Plaintiff asserts that the Note and Deed of Trust were not properly assigned to BAC

and, therefore it is not the Legal holder of the Note and Deed of Trust, it lacks standing

to enforce any claim on said property. For the reasons that follow, the Plaintiff finds that

BAC has not proven that it is the holder of the original Note according to RCW

61.24.030 “the trustee shall have proof that the beneficiary is the owner of any

promissory note or other obligation secured by the deed of trust.” Any proof offered by

the trustee other than the original “PROMISSORY NOTE” is not acceptable do to

engaged illegal activities by Trustee, and Lender, therefore according to it lacks

standing to issue any claim on Plaintiffs property. On October 19, 2007, Plaintiffs

Samuel Salmon, and Roxy E. Salmon executed a promissory note in the original

principal amount of $409,422.53, for the purchase of their home. The Note was made

payable to Countrywide Bank. The Note is secured by a Deed of Trust on the home.

The Deed of Trust identifies the beneficiary as “Mortgage Electronic Registration

Systems, Inc. (‘MERS’),” and states that “MERS is a separate corporation that is acting

solely as nominee for Lender and Lender’s successors and assigns.” The “Lender” is

identified as Countrywide Bank, The Trustee is identified as “Landsafe Title of

Washington” which was owned by Countrywide Bank, and this makes Landsafe Title

fiducially responsible to Countrywide Bank which is illegal according to, RCW 61.24.010

(3) The trustee or successor trustee shall have no fiduciary duty or fiduciary

obligation to the grantor or other persons having an interest in the property

subject to the deed of trust.

When Countrywide Bank went out of business for predatory lending, and BAC assumed

the position of Lender, and Trustee, they failed to register the conveyance with the local

counties Auditor, in a timely manner according to RCW 61.24.010 (2) thereby further

2

nullifying the security instrument, furthermore the Corporation Assignment of Deed of

Trust #2010 0007024 which was filed 9/23/2010, is invalid and illegal according to RCW

61.24.010, RCW 61.24.020, RCW 61.24.030, RCW 65.08.070, RCW 64.04.020. BAC

does not qualify as a lender while owning the trustee company. MERS has no interest in

the property therefore has no authority to transfer the note as a nominee, see Walker

vs. BAC Case # 10-21656 - E -11

RCW 61.24.010 Trustee, qualifications — Successor trustee.

(2) The trustee may resign at its own election or be replaced by the beneficiary. The trustee shall give prompt written notice of its resignation to the beneficiary. The resignation of the trustee shall become effective upon the recording of the notice of resignation in each county in which the deed of trust is recorded. If a trustee is not appointed in the deed of trust, or upon the resignation, incapacity, disability, absence, or death of the trustee, or the election of the beneficiary to replace the trustee, the beneficiary shall appoint a trustee or a successor trustee. Only upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee.

RCW 61.24.020

Deeds subject to all mortgage laws — Foreclosure — Recording and indexing — Trustee and beneficiary, separate entities, exception.

Except as provided in this chapter, a deed of trust is subject to all laws relating to mortgages on real property. A deed conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or another to the beneficiary may be foreclosed by trustee's sale. The county auditor shall record the deed as a mortgage and shall index the name of the grantor as mortgagor and the names of the trustee and beneficiary as mortgagee. No person, corporation or association may be both trustee and beneficiary under the same deed of trust:

RCW 64.04.020Requisites of a deed.Every deed shall be in writing, signed by the party bound thereby, and acknowledged by the party before some person authorized by *this act to take acknowledgments of deeds.

3

RCW 61.24.030(5) That the deed of trust has been recorded in each county in which the land or some part thereof is situated.(6) That prior to the date of the notice of trustee's sale and continuing thereafter through the date of the trustee's sale, the trustee must maintain a street address in this state where personal service of process may be made, and the trustee must maintain a physical presence and have telephone service at such address;   (7)(a) That, for residential real property, before the notice of trustee's sale is recorded, transmitted, or served, the trustee shall have proof that the beneficiary is the owner of any promissory note or other obligation secured by the deed of trust. A declaration by the beneficiary made under the penalty of perjury stating that the beneficiary is the actual holder of the promissory note or other obligation secured by the deed of trust shall be sufficient proof as required under this subsection.(b) Unless the trustee has violated his or her duty under RCW   61.24.010 § (4), the trustee is entitled to rely on the beneficiary's declaration as evidence of proof required under this subsection.

The original Deed of Trust was recorded with the Stevens County Recorder on

November 26, 2007. On 4/1/2009 BAC declared to be the new lender and began billing

the Plaintiffs for the mortgage payments on or about 04/01/2009. The Defendant BAC

HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP

RECONTRUST COMPANY, failed to record this conveyance and began fraudulently

collecting payments on said promissory note secured by the deed of trust filed with the

Stevens County Recorder on November 26, 2007, while the conveyance was never

filed. RCW 65.08.070:

Real property conveyances to be recorded.

A conveyance of real property, when acknowledged by the person executing the same (the acknowledgment being certified as required by law), may be recorded in the office of the recording officer of the county where the property is situated. Every such conveyance not so recorded is void as against any subsequent purchaser or mortgagee in good faith and for a valuable consideration from the same vendor, his heirs or devisees, of the same real property or any portion thereof whose conveyance is first duly recorded. An instrument is deemed recorded the minute it is filed for record.

Plaintiff does not recognize the authority of the trustee due to violations of Washington state law, and the fact the trustee does not have a physical street address in the state of

4

WA which is required also by RCW 61.24.030 (6) which states ”That prior to the date of the notice of trustee's sale and continuing thereafter through the date of the trustee's sale, the trustee must maintain a street address in this state where personal service of process may be made, and the trustee must maintain a physical presence and have telephone service at such address ;

Also RCW 61.24.010, RCW 61.24.020, RCW 61.24.030, RCW 64.04.010, RCW

65.08.070, RCW 62A.3-203 which have been violated. Nor does the Plaintiff hold any

value in the Trustee’s ability to be equal in their dealings with all parties involved.

Plaintiff requests the court to require the original promissory note with signatures of all

conveyances, and transfers required by law to be produced and verified to be an

original by an appointed expert witness, according to RCW 61.24.030 (6), and (7) (a)

(b).

Because of the nature of the findings and lack of truthful evidence leading to these

illegal foreclosure proceedings Plaintiff demands a permanent stay of foreclosure sale,

and full restitution of fraudulently collected monies in the amount paid to illegally

represented lenders, plus case fees and interest at 6.75% with the total amount of

$87,756.36, or Eighty Seven Thousand, Seven hundred and fifty six dollars and 36

cents to the Defendant, who deceived the borrower by, fraudulently claiming to be the

legitimate lender and assuming all assets and liabilities FKA Countrywide.

5

The Plaintiff has put all of their earnings into this property which actual value is better

reflected by the 1.4 million cost of replacement insurance policy. Plaintiffs sole source of

income has been from a construction company in which due to the unstable banking

practices has reduced the Plaintiffs income drastically. Plaintiff has watched as the

banks lend far more money on properties than the actual value, creating a huge inflated

mortgage bubble, then turn around and foreclose on millions of houses. I particularly

noticed where the promissory note is required for proof of loan, the original has not

been produced. Many times the banks will sneak by with an affidavit or a copy, but this

is a sign of a much deeper problem. The banks are able to collect on foreclosures

through the government bailout plan up to 90% of the original loan courtesy of US Tax

payers; they also collect the monies from the trustee sale. I have yet to witness any of

this money being paid to the home owners so they can keep their homes. This would

seem a much more healthy way for the economy in this Great Nation to recover.

Chavez v. Bank of America Corporation et al, Case No. 10-cv-00653-JCS. The lawsuit alleges that Bank of America and others violated consumer protection statutes, 

6

Washington State Attorney General

            103 E. Holly Suite 308            Bellingham, WA  98225

LANDSAFE TITLE OF WASHINGTON

2707 Colby Ave. #1118Everett, WA 98201

RECONTRUST COMPANY, N.A.

P.O. Box 10284Van Nuys, CA 91410-0284

Washington State Attorney General

1116 W Riverside AvenueSpokane, WA 99201-1194

Mortgage Electronic Registration Systems, Inc.

P.O. Box 2026Flint, Michigan 48501-2026

BAC Home Loans Servicing, LP

400 COUNTRYWIDE WAY SV-35 SIMI VALLEY, CA 93065And

Recontrust Company

1800 Tapo Canyon

Simi Valley, CA. 93063

7