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7/24/2019 Pamela Owen's Clerk's Papers in Support of Opening Brief on State Appeal of Unlawful Detainer Action
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IN THE COURT
OF
APPEALS DIVISION II
OF THE STATE OF WASHINGTON
FEDERAL
HOME LOAN MORTGAGE
CORPORATION
Respondent
vs.
PAMELA S OWEN ET AL.
Appellant.
Cause No. 47566-9-II
Clark County
Cause No. 15-2-00924-2
CLERK S PAPERS
VOLUME I
TRIAL JUDGE ROBERT LEWIS
Counsel for Appellant:
PAMELA OWEN
ro Se
3912 NE 57TH
AVE
Vancouver WA 98661
15 2 00924 2
Counsel for Respondent:
Katherine Christofillis
Attorney
at Law
720 Olive
Way
Ste 1201
Seattle WA 98101-3809
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IN
THE COURT OF APPEALS, DIVISION II-
OF THE
STATE
OF
WASHINGTON
FEDERAL HOME LOAN MORTGAGE )
CORPORATION, )
Respondent, )
vs. )
PAMELA
S OWEN
ET AL., )
Appellant. )
Court
of
Appeals
Cause No. 47566-9-II
Clark County
Cause No. 15-2-00924-2
IN EX
Sub No. ofPages age No.
Certificate - Clerk s Papers
31
3 Complaint For Unlawful 4 3
Detainer, 04/02/2015
18B Declaration
Of
Katherine A. 6 20
Christofilis, 04/30/2015
36 Designation Of Clerk s Papers, 2 29
06/04/2015
Judgment For Writ Of 3 9
Restitution Only, 04/03/2015
19
Motion
Hearing, 05/01/2015 26
Page
of2
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Sub No. ofPages age No.
20 Order, 05/01/2015 2 27
10
Order
Of Default, 04/03/2015 2 7
18A Response To Defendant s 6 14
Motion To Quash Service
Of
Summons, 04/30/2015
2 Summons, 04/02/2015 2 1
12 Writ Of Restitution Issued, 2 12
04/03/2015
Page 2
of
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~
l
E
APR 0 2 2015
Scott
G. Weber,
l e ~
g l
o.
IN THE SUPERIOR COURT
OF
THE STATE OF WASHINGTON
IN AND FOR CLARK COUNTY
FEDERAL HOME LOAN MORTGAGE
CORPORATION,
Plaintiff,
vs.
SUMMONS
PAMELA
S
OWEN AND JOHN/JANE DOE
OWEN, WIFE AND HUSBAND; JOHN AND
JANE DOE, UNKNOWN OCCUPANTS
OF
THE
PREMISES,
Defendants.
THIS IS A NOTICE OF A LAWSUIT TO EVICT YOU. PLEASE READ IT
CAREFULLY.
THE
DEADLINE
FOR
YOUR RESPONSE IS:
March 30, 2015 at 4:30
PM
TO:
Pamela
S
Owen and John/Jane Doe Owen, and John and Jane Doe, unknown
occupants of the premises;
AT: 3912 NE 57th Avenue, Vancouver, WA 98661
This is a notice
of
a lawsuit to evict you from the property in which you live. The
Plaintiff is asking the Court to direct the Sheriff to remove you and your belongings from
the property.
f
you wish to defend yourself in this lawsuit, you must respond to the Unlawful
Detainer Complaint in writing on or before the deadline stated above. You must respond
in writing, even if the Court has not yet assigned a case number.
You can respond to the Complaint in writing by delivering a copy of a Notice
of
Appearance or Answer to the Plaintiffs attorney, by personal delivery, mailing, or
facsimile to the address or facsimile number stated below TO BE RECEIVED NO
SUMMONS- I
452 .1501456
BISHOP, MARSHALL WEIBEL, P.S.
720 OLIVE WAY, SUITE 1201
SEATTLE, WA 98101
P H O N ~ : _ ~ 2 ? 6 L 6 ~ 2 ; . 5 ~ 0 ~ \
FAX: (206)
622 - 0 3540 - 0 000
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LATER THAN THE DEADLINE SHOWN AT THE BEGINNING OF THIS
SUMMONS. Service by facsimile
is
complete upon successful transmission to the
facsimile number, if any, listed in the Summons.
The Notice
of
Appearance or Answer must include the names
of
the parties to this
lawsuit, the Plaintiff and Defendants, your name, the street address to which further legal
papers may be sent, your telephone number if any) and your signature.
f here is a cause number on the upper right hand side of this document, you must
also file your original Notice of Appearance or Answer with the Clerk of the Court by the
deadline for your written response.
You may demand that the Plaintiff file this lawsuit with the Court.
f
you
do
so,
your demand must be in writing and must be served on the person who signed this
Summons. Within fourteen (14) days of the date on which you serve your demand, the
Plaintiff must file this lawsuit with the Court, or service on you
of
this Summons and
Complaint will be void.
'
f you wish to seek the advice of
1
an attorney in this matter, you should do so
promptly so that your written response, if any, may be served on time .
You may also be instructed, in a separate order, to appear for a court hearing on
your unlawful detainer.
f
you receive an Order to Show Cause, you must appear
personally at the hearing on the date and at the time shown in the Order, IN ADDITION
to delivering and filing your Notice of Appearance or Answer by the deadline shown at
the beginning of this Summons.
IF YOU DO NOT RESPOND TO THE COMPLAINT IN WRITING BY THE
DEADLINE GIVEN ABOVE, YOU WILL LOSE BY DEFAULT. THE
PLAINTIFF MAY PROCEED
WITH
THE LAWSUIT, EVEN
IF
YOU HA VE
MOVED OUT
OF THE
PROPERTY.
Your Notice
of
Appearance or Answer must be delivered to the address or
faxed to the number given below.
DATED this day of March, 2015.
SUMMONS-2
452 .1501456
BISHOP, MARSHALL WEIBEL, P.S.
t oto
, / l .
Katherine Christofilis, WSBA 42584
Attorney for Plaintiff
BISHOP, MARSHALL WEIBEL, P.S.
720 OLIVE WAY, SUITE
12 1
SEATTLE,
WA
98101
PHONE: (206) 622-5306 FAX: (206)
6 2 2 0 3 5 4 0 0 0 0 0
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FILE
PR 2 2015
'101
Scott
G. Weber
Clerk
Clark
Co
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR CLARK COUNTY
FEDERAL HOME LOAN MORTGAGE
CORPORATION
Plaintiff,
vs.
PAMELA
S
OWEN AND JOHN/JANE DOE
OWEN, WIFE AND HUSBAND; JOHN AND
JANE DOE, UNKNOWN OCCUPANTS OF THE
PREMISES,
Defendants.
COMPLAINT
FOR
UNLAWFUL DETAINER
The Plaintiff herein, for cause
of
action in an unlawful detainer, alleges as follows:
1
Jurisdiction and Venue: Pursuant to RCW 59.12.050 the Superior Court
of
the County in which the property or some part of it is situated shall have jurisdiction of
proceedings. The property is located in Clark County and therefore the Superior Court of
Clark County has jurisdiction to hear these proceedings.
2.
Ownership Status of Plaintiff: Plaintiff is the owner of the real property
24
described below (subject property) by virtue of its successful bid at a Trustee's foreclosure
25 sale held on January 16, 2015. The foreclosure sale was conducted pursuant to the sale
authority provided under the Deed of Trust and the laws of the State of Washington.
COMPLAINT FOR UNLAWFUL
DETAINER I
452 .1501456
BISHOP, MARSHALL WEIBEL, P.S.
720
OLIVE WAY, SUITE
1201
SEATTLE,
WA
98101
PHONE:
(206) 622-5306
Fax:
(206)
6 2 2 0 0 0 0 0
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Lot 6, Anderson Subdivision-2, according to the Plat thereof, Recorded in
Volume G of Plats, Page 467, Records of Clark County, Washington.
Commonly known as:
3912 NE 57th Avenue
Vancouver, WA 98661
3 Right
of
Plainti ff to Possession: As provided by
RCW
61.24.060, Plaintiff
was entitled to possession the subject property
on
the twentieth (20th) day following the
Trustee's sale.
4
Unlawful Detainer: Defendants are still occupying the subject property and
refuse to surrender possession thereof.
5
Prayer for Relief:
WHEREFORE, Plaintif f prays for the following relief:
A For restitution of the subject property forthwith; and for an order
directing the Clerk of the Clark County Superior Court to issue a Writ of
Restitution
or
other proper Writ, commanding the Sheriff of Clark County to oust
the Defendants from occupancy of said property, including breaking and entering if
necessary, and to deliver possession thereof to the Plaintiff;
B.
For judgment declaring that any personal property remaining
on
the
above-described real property to be abandoned
and
valueless, and authorizing
'
Plaintiff to take possession of said property or discard
or
destroy it as it deems
proper.
COMPLAINT
FOR
UNLAWFUL
DETAINER 2
BISHOP, MARSHALL WEIBEL, P.S.
720 OLIVE WAY, SUITE 1201
SEATTLE,
WA
98101
452 .1501456
PHONE: (206) 622-5306 Fax: (206) 622- Q-0000
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c
DATED this
For such other relief as the Court deems reasonable and just.
~ day ofMarch, 2015.
COMPLAINT FOR UNLAWFUL
DETAINER- 3
452 .1501456
BISHOP, MARSHALL WEIBEL, P.S.
y i Atsc
Katherine Christofilis, WSBA 42584
Attorneys for Plaintiff
BISHOP, MARSHALL WEIBEL, P.S.
720 OLIVE WAY, SUITE 12 1
SEATTLE, WA 98101
PHONE: (206) 622-5306
F a ~ :
(206) 622- Q-0000
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NOTI E
State and federal law provide protections to defendants who are in the military service, and to their
dependents. Dependents
o
a service member are the service member's spouse, the service
member's minor child, or an individual for whom the service member provided more than one-half of
the individual's support for one hundred eighty days immediately preceding an application for relief.
One protection provided is the protection against the entry
o
a default judgment
in
certain
circumstances. This notice pertains only to a defendant who
is
a dependent
o
a member of the
national guard or a military reserve component under a call to active service, or a national guard
member under a call to service authorized
by
the governor of the state of Washington, for a period of
more than thirty consecutive days. Other defendants
in
military service also have protections against
default judgments not covered
by
this notice. If you are the dependent
o
a member
o
the national
guard or a military reserve component under a call to active service, or a national guard member
under a call to service authorized
by
the governor of the state of Washington, for a period of more
than thirty consecutive days, you should notify the plaintiff or the plaintiffs attorneys in writing of your
status as such within twenty days of the receipt of this notice. I f you fail to
do so
then a court or
an
administrative tribunal may presume that you are not a dependent of an active duty member of the
national guard or reserves, or a national guard member under a call to service authorized
by
the
governor of the state of Washington, and
proceed with the entry
o
an
order
o
default and/or a
default judgment without further proof of your status. Your response to the plaintiff or plaintiffs
attorneys about your status does not constitute an appearance for jurisdictional purposes
in
any
pending litigation nor a waiver of your rights.
452 .1501456
BISHOP, MARSHALL WEIBEL, P.S.
720 OLIVE WAY, SUITE 1201
SEATTLE, WA 98101
PHONE: 206) 622-5306 Fax: 206) 622- Q-0000
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FILED
? 15 APR 3 PH ~
s orr
G WEB ..
CL.A.RK.c
tR,
CU:
Rt
OUN TY
IN THE SUPERIOR COURT
OFTH
STATE OF WASHINGTON
IN AND FOR CLARK COUNTY
FEDERAL HOME LOAN MORTGAGE
CORPORATION
Plaintiff,
vs.
PAMELA
S
OWEN AND JOHN/JANE DOE
OWEN, WIFE AND HUSBAND; AND JOHN
AND JANE DOE, UNKNOWN OCClJPANTS
OF
THE PREMISES,
Defendants.
Case No.
ORDER OF DEFAULT
EXPARTE
THIS MATTER came on for hearing upon Plaintiffs Motion for Order
of
Default.
The Court has reviewed the parties papers and the file herein. The Court finds that
service
of
Plaintiffs Summons and Complaint was duly and regularly made upon
Defendants, and that since the date
of
service, Defendants have failed to serve or file an
answer or other responsive pleading, that the time provided by law for doing so has
expired, and that this Court is the proper venue for this case. Now, therefore, IT
IS
HEREBY:
ORDER OF DEFAULT - 1
BISHOP, MARSHALL WEIBEL, P.S.
720 Olive Way, Suite
1201
Seattle, WA 98101
Phone: (206) 622-5306 Fax: (206) 62Q OOOOO
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ORDERED that Defendants Pamela S Owen and John/Jane Doe Owen, and John
and Jane Doe, the unknown occupants
of
the premises, are in default in the above-entitled
action.
DONE IN OPEN COURT this
Presented by:
Bishop, Marshall Weibel, P.S.
By:
~ A / -
-
atherine Christofilis, WSBA 42584
Attorney for Plaintiff
ORDER OF
DEFAULT
2
-:)-
day
of
BISHOP, MARSHALL WEIBEL, P.S.
720 Olive Way, Suite
1201
Seattle, WA 98101
Phone: (206) 622-5306 Fax: (206)
62 .0-0000
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.: ;
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'
~
' '
~ 1 , . . , . J \ : : . ~ , ~ 6 , ,
FfLD
2D 5APR 3
. .
s . . PM
4:
fJh
orr
w .
8 ... .
C L A f r 1 < , c o t ~ { j - E R t fl,L
~
)
) SS
)
, 2015
on the motion
of
the attorneys for
-
h Pl
. f f h . h H bl , sf
ROBERT-
.A.
LE v
CS .f th J d /C
t e amt1 erem, t e onora e , one o e u ges ourt
Commissioners
of
this Court, signed an Order for Writ
of
Restitution, restoring the
24 possession
of
the below described real property the subject property) to the Plaintiff in
25 the manner provided by law:
WRIT OF
RESTITUTION
- 1
452 1501456
Bishop, Marshall Weibel, P.S.
720 Olive Way, Suite
1201
Seattle, WA 98101
Phone: 206) 622-5306/Fax: 206) 622-0354
0 00000
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Lot 6, Anderson Subdivision-2, according to the Plat thereof,
Recorded in Volume G of Plats, Page 467, Records of Clark
County, Washington.
Commonly Known As: 3912_NE 57th Avenue, Vancouver,
WA
98661.
WHEREAS this Writ
of
Restitution shall expire twenty days from the date of
issuance,
NOW, THEREFORE, you, the said Sheriff, are hereby commanded to deliver
possession of the subject property to the Plaintiff, and to make return
of
this Writ twenty
days from its issuance. You, the said Sheriff, may break and enter the subject property
if
necessary to affect this Writ. Should you not be able to fully deliver possession of the
described premises within 20 days of this Writ s issuance then this Writ of Restitution
will automatically be renewed for an additional 20 days without further order of the
Court, and you will have that additional time in which to restore possession of the
premises to the Plaintiff.
DATEDthis_dayof
2015.
WRIT OF RESTITUTION -2
452 .1501456
Superior Court Judge
, Clerk of the
Superior Court for Clark County,
Washington:
By:
Deputy Clerk
Bishop, Marshall Weibel, P.S.
720 Olive Way, Suite 12 1
Seattle, WA 98101
Phone: (206)
622-5306/Fax: (206) 622-0354
0 00000
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FILE
2015
APR 3 P I: 9
1CO G WEBER. C L E R ~
CL
ARK
COUNTY
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR CLARK COUNTY
FEDERAL HOME LOAN MORTGAGE
CORPORATION,
Plaintiff, CASE NO.: 15-2-00924-2
IO
vs.
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PAMELA S. OWEN AND JOHN/JANE
DOE OWEN, WIFE AND HUSBAND;
JOHN AND JANE DOE, UNKNOWN
OCCUPANTS OF THE PREMISES ,
Defendants.
RESPONSE TO DEFENDANT'S
MOTION TO QUASH SERVICE OF
SUMMONS
I.
INTRODU TION
,
The Plaintiff herein, FEDERAL HOME LOAN MORTGAGE CORPORATION
(hereinafter Freddie Mac ), by and through its attorneys of record, Katherine A
Christofilis
of
Bishop, Marshall Weibel, P.S., hereby replies to Defendant's Motion to
Quash Service of Summons and Motion To Vacate Judgment and Stay Enforcement of
Writ of Restitution ( Motion ). Further, Freddie Mac asserts that Defendant's Motion to
Quash Service is not proper before the Court.
Defendant's Motion to Quash Service
of
Summons and Motion to Vacate Judgment
and Stay Writ
of
Restitution should be denied. Defendant has presented no competent
RESPONSE
TO DEFENDANT S
MOTION
TO
QUASH SERVICE OF
SUMMONS- I
BISHOP, MARSHALL & WEIBEL, P.S.
720 OLIVE WAY, SUITE 1201
SEATTLE, WA 98101
..
PHONE: (206) 622-5306 Fax: (206) 6 Q ~ Q O O O
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evidence to support relief from the Judgment for Writ of Restitution. Further, Defendants
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have not posted a bond to stay execution on the Writ of Restitution. Service of the
3
Summons and Complaint was valid. The Defendant failed to timely respond. Freddie
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Mac proceeded with a default judgment. Freddie Mac is entitled
to
immediate possession
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of
the subject real property.
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II
LEG L RGUMENT
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A
Jurisdiction is proper
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Pursuant to RCW 59.12.050, an unlawful detainer action should be brought in the
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Superior Court of the County in which the property is situated. Such court shall have
12 jurisdiction over the proceedings. See RCW 59.12.050. RCW 61.24.060 provides that the
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purchaser at the trustee's sale shall be entitled to possession
of
the property on the
twentieth day following the sale, as against the borrower and grantor under the deed
of
trust and anyone having an interest junior to the deed of trust ... The purchaser shall also
have a right to the summary proceedings to obtain possession
of
real property provided in
chapter 59.12 RCW. The subject property is located in Clark County Washington.
Therefore, Clark County Superior Court has jurisdiction to hear these proceedings.
The Defendant asserts in their Motion to Quash Service
of
Summons that Freddie
Mac points to nothing in RCW 59.12.030 to support its complaint for unlawful detainer.
However, Freddie Mac brought its unlawful detainer action under RCW 61.24.060, which
authorizes a purchaser at a trustee's sale to obtain possession of the purchased property
using the summary proceedings for unlawful detainer in chapter 59.12 RCW. Therefore,
RESPONSE TO DEFENDANT S
MOTION TO QUASH SERVICE OF
SUMMONS-2
BISHOP, MARSHALL WEIBEL, P.S.
720 OLIVE WAY, SUITE 1201
SEATTLE, WA 98101
PHONE:
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Freddie Mac had statutory authority to bring the unlawful detainer complaint under RCW
59.12.
Service
of
an untiled Summons and Complaint was proper. Washington Civil Rule
3 states
a
civil action is commenced by service
of
a copy of a summons together with a
copy of the complaint ... Upon written demand by any other party, the plaintiff instituting
the action shall pay the filing fee and file the summons and complaint within 14 days after
service of the demand. See CR
3
Further, the Landlord Tenant Act, RCW 59.18.365,
sets forth the Summons Form for an Unlawful Detainer Action. The form summons states
the following:
f there is a number on the upper right side of the eviction summons and
complaint, you must also file your original notice
of
appearance or answer
with the court clerk by the deadline for your written response.
You may demand that the plaintiff file this lawsuit with the court. f you do
so, the demand must be in writing and must be served upon the person signing
the summons. Within fourteen days after you serve the demand, the plaintiff
must file this lawsuit with the court, or the service on you
of
this summons and
complaint will be void.
RCW 59.18.365(3).
Contrary to the Defendant's assertion, WA CR 3 and RCW 59.18.365 specifically
allow for the Summons and Complaint to be served untiled by including the sentence
[y]ou may demand that the plaintiff file this lawsuit with the court. RCW 59.12.365.
The requirements
of
RCW 59.12.070 have been met. The Summons contained all the
requirements set forth in RCW 59.12.070 and 080, including the names
of
the parties, the
court in which the same is brought (Clark County Superior Court), the nature of the action
RESPONSE TO DEFENDANT'S
MOTION TO QUASH SERVICE OF
SUMMONS-3
BISHOP, MARSHALL & WEIBEL, P.S.
720 OLIVE WAY, SUITE 1201
SEATTLE,
WA
98101
PHONE: (206) 622-5306 Fax: (206) 6 Q ~ Q O O O
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(Unlawful Detainer), the relief sought (possession of the premises), and the return date
(March 30, 2015). See Court Dkt No. 2 Summons.
B
The Defendant did not respond to the Summons
On March 6 2015, service of the Summons and Complaint was duly and regularly
made on the Defendants. See Court Dkt No. 9 Motion and Declaration for Default, Ex.
A.
The Summons stated THE DEADLINE FOR YOUR RESPONSE IS: March 30, 2015 at
4:30 pm. After being duly served, Defendants failed to serve or file an answer or other
responsive pleading. On April 3, 2015, this Court granted Plaint iffs Motion for Order of
Default, Ordering that the Defendants in the above entitled action are in default. As set
out above, the Summpns was valid and Freddie Mac complied with the statute, and
therefore, a valid default judgment was taken.
c
The Defendant Waived Their Right to hallenge the Foreclosure
The Defendant failed to bring an action to enjoin the foreclosure. The three main
goals
of
the Washington Deed
of
Trust Act are:
1)
that the nonjudicial foreclosure process
is efficient and inexpensive; (2) that the process should result in interested parties having
an adequate opportunity to prevent wrongful foreclosure; and (3) that the process should
promote the stability of land titles.
Cox
v
Helenius 103
Wn.2d 383, 387, 693 P.2d 683.
(1985). Under Washington law, a borrower's failure to take advantage of the pre-sale
remedies under the Deed of Trust Act may result in waiver of their right to object to the
Trustee's Sale. Brown v Household Realty Corp. 146 Wn. App. 157, 189 P.2d 233
(2008), rev denied 82342-1 (2009). See also Plein v Lackey 149 Wn.2d 214, 225-226,
693 P.2d 683 (2003) (citing
Cox
v
Helenius 103
Wn.2d 383 (1985). RCW
RESPONSE TO DEFENDANT S
MOTION TO QUASH SERVICE OF
SUMMONS-4
BISHOP, MARSHALL WEIBEL, P.S.
720 OLIVE WAY, SUITE 1201
SEATTLE,
WA
98101
PHONE: (206) 622-5306 Fax: (206)
6 Q ~ Q O O O
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61.24.127(1)(a)-(c) provides that the failure of the borrower to halt or restrain the sale is
not deemed a waiver of: (1) common law fraud or misrepresentation; (2) a violation of
Title
19
RCW; or (3) failure
of
the trustee to materially comply with the provisions
of
this
chapter. However, the claim may not seek any remedy at law or in equity other than
monetary damages and the claim may not affect in any way the validity or finality
of
the
foreclosure sale. ee RCW 61.24.127(2)(b)(c). f a borrower chooses to raise the claims
that are not waived, he must
do so
in a separate civil action, but he will be limited to
monetary damages; thus, the sale is final and rescission
of
the sale is not an option. ee
RCW 61.24.127(2)(b).
Further, the Trustee s Deed is conclusive evidence of Plaintiffs ownership interest
in the Property. Plaintiff was then entitled to possession of the property, the
20th
day after
the sale. Therefore, Plaintiff respectfully requests that this Court deny Defendant s
Motion to Quash Service
of
Summons.
VI. CONCLUSION
Defendants Motion to Quash Service
of
Summons and Motion to Vacate Judgment
and Stay Enforcement of Writ
of
Restitution should be denied. Defendants have no valid
defense to the Unlawful Detainer Action. Defendants are still occupying the subject
property and refuse to surrender possession thereof. Defendants are guilty
of
Unlawful
Detainer and as provided by RCW 61.24.060, Plaintiff was entitled to possession the
subject property on the twentieth 20th) day following the Trustee s sale.
RESPONSE TO
DEFENDANT S
MOTION TO QUASH SERVICE OF
SUMMONS-5
BISHOP, MARSHALL WEIBEL, P.S.
720 OLIVE WAY, SUITE
1201
SEATTLE, WA 98101
PHONE: (206) 622-5306 Fax: (206) 6 Q ~ Q O O O
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DA TED this
q
ay of April, 2015.
RESPONSE TO DEFENDANT'S
MOTION TO QUASH SERVICE OF
SUMMONS 6
BISHOP, MARSHALL WEIBEL, P.S.
Katherine
A.
Christofilis, WSBA
Attorneys for the Plaintiff, Federal Home Loan
Mortgage Corporation
BISHOP, MARSHALL
&
WEIBEL, P.S.
720 OLIVE WAY, SUITE 12 1
SEATTLE, WA 98101
PHONE: (206) 622-5306 Fax: (206) 6220 0000
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FILE
ZOl5 APR 3 PH I: 9
. COTT G WEBER CLERh
cu1nK COUHTY
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR CLARK COUNTY
FEDERAL HOME LOAN MORTGAGE
CORPORATION,
Plaintiff,
vs.
PAMELA
S. OWEN AND JOHN/JANE
DOE, WIFE AND HUSBAND; JOHN AND
JANE DOE, UNKNOWN OCCUPANTS OF
THE PREMISES,
Defendants.
CASE NO.: 15-2-00924-2
DECLARATION OF KA THERINE A.
CHRISTOFILIS IN SUPPORT OF
PLAINTIFF S RESPONSE TO
MOTION TO QUASH
SERVICE OF
SUMMONS
DECLARATION
18
I,
Katherine
A.
Christofilis, under penalty of perjury under the laws of the State of
19 Washington, certifies as follows:
20
21
22
23
24
25
1. That I am one of the attorneys of record for the Plaintiff herein. I have
knowledge
of
the facts of this case from review
of
the recorded documents.
2.
This action arises following purchase by Plaintiff
of
the property described
in Plaintiff s Complaint at Trustee s nonjudical foreclosure sale.
DECLARATION OF KATH RIN A.
CHRISTOFILIS - 1
BISHOP, WHITE, MARSHALL WEIBEL, P.S.
720 OLIVE
WAY,
SUITE 1201
Ev-motionordersc/452.1501456
SEATTLE, WA 98101
(206) 622-5306, FAX: (206) 622 030 0000
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3.
Attached as xhibit A is a true and correct copy
of
the recorded Notice
of
Trustee's Sale obtained from the public records.
4. There is an unlawful holding over the premises for a period after the
foreclosure sale exceeding twenty (20) days. Pursuant to RCW 61.24.060,
Plaintiff was entitled to possession on the twentieth (20
1
h day following
foreclosure sale, and further to enforce that right as provided in R W
61.24.060.
DATED this lf day
of
April, 2015.
DECLARATION
OF KA
THERINE
A.
CHRISTOFILIS - 2
Ev-motionordersc/452.1501456
Katherine A. Christofilis, WSBA 42584
Attorneys for the Plaintiff, Federal Home Loan
Mortgage Corporation
BISHOP, WHITE, MARSHALL WEIBEL, P.S.
720 OLIVE WAY, SUITE 1201
SEATTLE, WA 98101
(206) 622-5306, FAX: (206) 622 030 0000
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5 8 743 N f ~
S RecF - 75.01 Pages: 4 - DOCUMENT PROCESSING SOLUTION
~ \ i l i ~ ~ m r l f n m w ~ m i ~ i i i l ~ r
1
'
=
24
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
Trustee
Corps
1700
Seventh Avenue Suite
2100
Seattle
WA
98101
TS No WA09000118-14-1-FT APN 108669012
NOTICE OF TRUSTEE'S
SALE
PURSUANT
TO THE
REVISED
CODE
OF WASHINGTON
CHAPTER 61.24
ET.
SEQ.
TO
No
8417086
lf1f AM /
I. NOTICE IS HEREBY GIVEN that on October 17
1
2014 11:00 AM at the main entrance under the
gazebo
to
the Clark County Government Bulldlng 1300 Franklin, Vancouver, WA 98660 MTC
Financial Inc. dba Trustee Corps, the undersigned Trustee will sell at public auction
to the
highest and
best
bidder payable
in the form of cash, or 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 Clark
State of Washington, to-wit:
LOT
6
ANDERSON SUBDMSION-2, ACCORDING TO THE PLAT THEREOF RECORDED
IN
VOLUME
G OF PLATS, PAGE 467, RECORDS OF CLARK
COUNTY WASHINGTON.
APN
108669012
More commonly known as 3912 NE 57TH AVENUE VANCOUVER , WA 98661
which
is
subject to that certain Deed of Trust dated
as
of November
4
2005, executed by
PAMELA S.
OWEN A MARRIED WOMAN AS HER
SEPARATE
ESTATE
as
Trustor(s), to secure obligations
in
favor of
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. ( MERS), as designated nominee for
LANDMARK MORTGAGE COMPANY Beneficiary of the security instrument, its successors and assigns,
recorded November 15 2005 as Instrument No. 4082317 and the beneficial interest was assigned to
Bank
of
America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide
Home Loans
Servldng
LP and recorded October
17 2011 as
Instrument Number 4799971 of ofliclal
records in the Oflice
of
the Recorder of Clark County Washington.
II. No action commenced by Bank of America, N.A., Successor by Merger t BAC Home Loans
Servicing, LP FKA Countrywide Home Loans Servicing, LP the current Beneficiary of the Deed of
Trust
is now
pending
to
seek satisfaction of the obligation
In
any
Court by reason
of
the Borrowers' or
Granters' default on the obligation secured by the
Deed
of Trust/Mortgage.
7/24/2019 Pamela Owen's Clerk's Papers in Support of Opening Brief on State Appeal of Unlawful Detainer Action
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Current Beneficiary: Bank of America, N.A., Successor
by
Merger to
BAC Home Loans
Servicing,
LP
FKA Countrywide
Home Loans
Servicing, LP
Contact Phone No: 800-669-6650
Address: 2001
NW
46TH
ST.,
KANSAS CITY, MO 64116
Ill. 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:
DELINQUENT
PAYMENT
INFORMATION
From To
Number
of
Monthly Payment
Payments
September 1 2009
June
16,
2014
35 1,657.14,
12
1,747.87,
11
1,740.78
LATE CHARGE INFORMATION
September
1, 2009
June 16, 2014
58
63.26
PROMISSORY NOTE INFORMATION
Note
Dated:
Note Amount
Interest Paid To:
Next Due Date:
November 4, 2005
208,250.00
August 1, 2009
September 1, 2009
Total
98,122.92
3,669.08
IV.
The
sum owing on the obligation secured by the Deed of Trust is: The principal sum of 198,293.10,
together with interest as provided in the Note or other Instrument secured, and such other costs and fees
as are due under the Note or other instrument secured, and 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 October 17, 2014. The defaults referred to
in
Paragraph Ill must be cured by October 6, 2014, 11 days before the sale date) to cause a
discontinuance o the sale. The sale will be discontinued and tenninated if at any time before October 6,
2014 11 days before the sale) the default as set forth in Paragraph Ill is cured and the Trustees' 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 October
6,
2014 11 days before the sale
date) and before the sale, by the Borrower or Grantor or the holder
o
any recorded junior lien or
encumbrance by paying the principal and interest, plus costs, fees
and
advances, if any, made pursuant
to the terms o the obligation and/or Deed of Trust.
VI. A written Notice of Default was transmitted by the current Beneficiary, Bank of America, N.A.,
Successor by Merger
to BAC
Home Loans Servicing,
LP
FKA Countrywide Home Loans Servicing,
LP
or
Trustee
to the Borrower
and
Granter at the following address(es):
ADDRESS
PAMELA
S.
OWEN 3912 NE
57TH AVENUE,
VANCOUVER , WA 98661
PAMELAS. OWEN 3912 NE 57THAVE, VANCOUVER, WA98661
PAMELA
S.
OWEN 3912 NE 57TH
AVE,
VANCOUVER, WA 98661-3242
PAMELA S.
OWEN 3912 NE 5TH AVENUE,
VANCOUVER,
WA
98661
UNKNOWN SPOUSE
OF
PAMELA
S. OWEN
3912 NE 57TH AVENUE, VANCOUVER, WA
98661
TS No WA09000118-14
APN 108669012
TO
No
8417086
Clark Auditor Wed Jun 18 10:24:31 PDT 2014 5080743 Page 2
7/24/2019 Pamela Owen's Clerk's Papers in Support of Opening Brief on State Appeal of Unlawful Detainer Action
27/34
-
\
by
both
first class and certified maU
on April
22,
2014,
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.
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
Granter 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 Trustees
Sale.
X. If the Borrower received a letter under RCW 61.24.031:
THIS NOTICE
IS THE
FINAL STEP
BEFORE THE
FORECLOSURE SALE
OF
YOUR
HOME.
You
have
only
20 DAYS from the recording date on
this
notice to pursue mediation.
DO NOT
DELAY.
CONTACT A
HOUSING
COUNSELOR
OR
AN ATTORNEY
LICENSED
IN
WASHINGTON
NOW to assess your situation and refer
you
to mediation if you might 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 assistanee
and
referral to housing counselors
recommended
by
the
Housing Finance
Commission:
Telephone: Sn)
894-4663
or
(800)
606-4819 Website:
www.wshfc.org
The United
States Departmentof Housing and Urban Development:
Telephone: (800) 569 4267 Website: www.hud.gov
The statewide civil legal
aid hotline for
assistance and referrals to
other
housing
counselors
and
attorneys:
Telephone: 800)
606-4819
Website:
www.homeownership.wa.gov
NOTICE TO OCCUPANTS OR
TENANTS
- The purchaser at the Trustee s Sale is entitled to possession
of the property on the
20th
day following the sale, as against the Grantor under the Deed of Trust
(the
owner) and anyone having en interest junior to the Deed
of
Trust, including occupants who are not
tenants. After the 20th
d y
following the
sale
the
purchaser has the right to evict occupants
who
are
not
tenants by
summary proceedings under the
Unlawful Detainer Act.,
Chapter
59.12 RCW. For
tenant
occupied
property, the purchaser shall
provide
a tenant with
written
notice in accordance
with
RCW
61.24.060:
NOTICE TO
GUARANTOR(S)
-
RCW
61.24.042 - (1) The Guarantor may
be
liable for a deficiency
judgment to the extent the sale price obtained at
the
Trustees Sale is less than the debt secured by
the
TS No WA09000118-14
APN
108669012 TO No 8417086
7/24/2019 Pamela Owen's Clerk's Papers in Support of Opening Brief on State Appeal of Unlawful Detainer Action
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.
Deed of Trust; (2) The Guarantor has the same rights to reinstate the debt, cure the default, or repay the
debt
as
is given
to the
Grantor
in
order
to
avoid the Trustee s Sale; (3)
The
Guarantor
will
have
no
right
to
redeem the property after the Trustee s
Sale;
(4) Subject to
such
longer periods as are provided In
the
Washington Deed of Trust Act, Chapter 61.24.RCW, any action brought
to
enforce a guaranty must
be
commenced
within
one year after the
Trustees'
Sale, or
the
last
Trustee's
Sale under any
Deed
of
Trust
granted
to
secure the same debt; end
(5)
In any action for a deficiency, the Guarantor will
have
the right
to
establish
the
fair value
of
the
property
as of
the
date
of the
Trustee's
Sale,
less
prior liens
and
encumbrances,
and
to limit
its
liability for a deficiency to the difference between the debt and the greater
of such fair value or
the
sale price
paid
at the Trustee s
Sale,
plus interest and costs. The failure of
the
Beneficiary to provide any Guarantor the notice referred to in this section does not invalidate either the
notices
given
to the Borrower or the Granter, or the Trustee s Sale.
Dated:
June 16,
2014
By:
Winston
Khan,
Authorized Signatory
MTC Financial Inc. dba Trustee Corps
1700
Seventh
Avenue,
Suite
2100
Seattle WA
98101
Phone:
(800)
4 9 ~ 7 5 3
For Reinstatement/Pay
Off
Quotes, contact MTC Financial Inc. OBA Trustee Corps
TRUSTEE'S SALE INFORMATION CAN BE OBTAINED ONLINE AT www prloritypostlng com
STATE OF
Washington
COUNTY OF J tqJ _
I certify that I know or have satisfactory evidence that u uz
io 7
tlJ /l/7
is
the person who
appeared before me,
and said person
acknowledged that
helsl:t
signed this
instrument, on oath stated that
he/9Ae was
authorized
to
execute the instrument and acknowledged
it
as
the DULY APPOINTED SUCCESSOR TRUSTEE of Bank of America, N.A., Successor
by
Merger
to
SAC
Home Loans
Servicing, LP
FKA Countrywide Home Loans Servicing, LP to
be
the free and voluntary act
of such party for the uses and
purryses
mentioned
in
the instrument
D a t ~ n t 1 , O f
MONIQUE
PATZER
STATE
OF
WASHtNGTOH
NOTARY
PUBLIC
MY COMMISSION EXPIRES
1021-17
To
the
extent your
original obligation
was discharged,
or
is
subject
to
an
automatic stay
of
bankruptcy under
Title
11 of
the United States Code,
this
notice
Is
for
compliance and/or
infonnational
purposes
only
and does
not constitute an attempt tu collect a de t or to
impose
personal liability for
such
obllgatlon. However, a
secured
party
19talns rights
under
Its security Instrument, Including the right to foreclose its lien.
TS NoWA09000118-14
PN
108669012
TO
No 8417086
Clark Auditor Wed Jun
18
10:24:31 PDT 2014 5080743 Page 4
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FILED
05-01-2015 13:59
Scott
G
Weber Cler
Clark County
PREPARED
04-28-15
08:26
STATE
OF WASHINGTON
IN
AND FOR CLARK
COUNTY
FRIDAY MAY 1, 2015
MOTION DOCKET
DEPT. 9
JUDGE
LEWIS
Clerk: B. Fr az i e r
J ud i c i a l
Ass i s t an t : A. DeShiel l
15-2-00924-2 10.
FEDERAL HOME LOAN MORTGAGE
CORPORATION
CHRISTOFILIS, KATHERINE
ANN
- P
vs
OWEN
PAMELA
S. ET
AL
- P
9
D-SHOW
CAUSE 9 AM
9 D-MT
QUASH
SERVICE
OF
SUMMONS 9A
Case i s
c a l l e d
a t 9:15 a.m.
Ms.
Owen motions
to quash summons
Ms.
Owen
argues
Bank
of
America
i s
not
a
benef ic ia ry ,
c i t i n g
59.12
Court has reviewed t he e n t i r e
f i l e
and
a l l
o f Ms.
Owen's
mater ia l s ; some of
d i d n t
cont ro l
the proceedings
Re: the
Writ
i s sued 4-3-15 (grounds
for vaca t ing
de fau l t ) , the
motion i s
den
Ms.
Owen
s t a t e s she in tends to f i l e an appeal ; her r igh t to appeal s t a r t s now
and she has 30 days
Court
s igns :
Order;
Ms. C h r i s t o f i l i s r e ta in s
the
orde r
0-00000
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A
1
2
3
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FILE
2 15 MAY
- I AM
: 23
SCOTT G WBBEH CLERK
c
L I\
Pcrnuu. 1
/ \cn;1\vv
n
1
IN
THE
SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR CLARK COUNTY
FEDERAL HOME LOAN MORTGAGE
CORPORATION,
Plaintiff,
vs.
PAMELA S.
OWEN
AND JOHN/JANE
DOE OWEN, HUSBAND AND WIFE;
AND JOHN AND JANE DOE, UNKNOWN
OCCUPANTS OF THE PREMISES,
Defendants.
CASE NO.: 15-2-00924-2
ORDER
[CLERK'S ACTION REQUIRED]
THIS
MATTER
came
on
for hearing upon Plaintiffs Motion to Vacate Judgment
and Stay Enforcement
of
the Writ
of
Restitution and
Plaintiffs
Motion to Quash Service
of Summons. The Court has reviewed the parties' papers and the file herein and
considered the following:
(1) Defendants' Motion to Vacate Judgment and Stay Enforcement of Writ
of
Restitution;
(2)
Plaintiffs
Response to Defendants' Motion to Vacate Judgment and Stay
Enforcement
of
the Writ
of
Restitution;
(3) Declaration of Michael Safren;
(4) Defendants' Motion to Quash Service
of
Summons;
ORDER
I
BISHOP MARSHALL WEIBEL
P.S.
720 Olive Way, Suite 1201
Seattle, WA98101
Phone: (206) 622-5306 Fax: (206) 62:0 00000
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1
2
3
4
5
6
(5) Plaintiff's Response to Defendants' Motion to Quash Service of Summons;
(
6
Declaration of Katherine Christofilis;
(7)
(8)
and the Court otherwise being fully informed, IT IS HEREBY:
ORDERED, ADJUDGED AND DECREED that Defendants' Motion to Vacate
7 Judgment and Stay Enforcement of the Writ of Restitution is DENIED. It is hereby
8
further
9
10
12
13
14
15
16
17
18
19
20
ORDERED, ADJUDGED AND DECREED that Defendants' Motion to Quash
Service
of
Summons is DENIED. It is hereby further
ORDERED, ADJUDGED AND DECREED THAT Federal Home Loan Mortgage
Corporation is entitled to (1) immediate possession of the property commonly known as
3912 NE 57th Avenue, Vancouver, WA 98661; and (2) to issuance of a Writ of
Restitution.
DONEINOPENCOURTthis
)
dayof
/ /r;o/
2015
_
-
3 =>/.
~ ~ h
UDGE/GQ1mT O M M ~
2
1 Presented by:
22 Bishop, Marshall Weibel, P S.
B ~
/l
atherine h r i s t o ~ WSBA 42584
25
Attorney for Plaintiff
ORDER 2
BISHOP, MARSHALL WEIBEL, P.S.
720 Olive Way, Suite 1201
Seattle, WA98101
Phone: (206) 622-5306 Fax: (206)
6 2 ~ 0 0 0 0 0
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l
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i:
J
l Q
/ ~ .
Y t i n w f c ~ t t ~
Pamela
S
Owen
3912
NE 57th
Avenue
Vancouver. WA 98661
(360) 991 4758
Defendant
DEFENDANT S DESIGNATION OF CLERK S PAPERS
1
0-00000
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IN
THE SUPERIOR
COURT OF
THE STATE
OF W SHINGTON
IN ND FOR CL RK COUNTY
FEDERAL
HOME
LO N
MORTGAGE CORPORATION,
Respondent,
vs
P MEL S OWEN, ET AL.,
Appellant
STATE OF WASHINGTON,}
County of Clark,}
) No. 15-2-00924-2
) CERTIFICATE - Clerk s Papers
I, Scott G Weber, Clerk
of
the Clark County Superior Court, do hereby
certify that the foregoing are full, true and correct copies of the record and
files in the above-entitled cause as I have been directed to transmit to the
designated appellate court.
IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of
said Superior Court this 11th day of June, 2015.
S O N R ~ R ~ T Y CLERK
B y ~ ~ ~ ~ ~
Heather Hunt, Deputy Clerk