Pamela Owen's Clerk's Papers in Support of Opening Brief on State Appeal of Unlawful Detainer Action

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


2/34

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


3/34

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


t oto

, / l .

Katherine Christofilis, WSBA 42584

Attorney for Plaintiff


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



CORPORATION

Plaintiff,

vs.

PAMELA

S


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


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



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


y i Atsc

Katherine Christofilis, WSBA 42584

Attorneys for Plaintiff


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



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



CORPORATION

Plaintiff,

vs.

PAMELA

S


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


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


ORDER OF

DEFAULT

2

-:)-

day

of



1201

Seattle, WA 98101

Phone: (206) 622-5306 Fax: (206)

62 .0-0000


12/34

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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



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


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




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.


SEATTLE, WA 98101

..

PHONE: (206) 622-5306 Fax: (206) 6 Q ~ Q O O O


18/34

evidence to support relief from the Judgment for Writ of Restitution. Further, Defendants

2

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

4

5

Mac proceeded with a default judgment. Freddie Mac is entitled

to

immediate possession

6

of

the subject real property.

7

II

LEG L RGUMENT

8

A

Jurisdiction is proper

9

Pursuant to RCW 59.12.050, an unlawful detainer action should be brought in the

1

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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


SUMMONS-2



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



SUMMONS-3

BISHOP, MARSHALL & WEIBEL, P.S.


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


SUMMONS-4



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


SUMMONS-5


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.



SUMMONS 6


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




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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9

1

12

13

14

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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.


SEATTLE, WA 98101

(206) 622-5306, FAX: (206) 622 030 0000


25/34

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.


26/34

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


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


28/34

.

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


29/34

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.


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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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



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


31/34

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


ORDER 2


720 Olive Way, Suite 1201

Seattle, WA98101

Phone: (206) 622-5306 Fax: (206)

6 2 ~ 0 0 0 0 0


32/34


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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


34/34

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

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Pamela Owen's Clerk's Papers in Support of Opening Brief on State Appeal of Unlawful Detainer Action

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