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Samuel Salmon Roxy Salmon 917C Philpott Rd. Colville, WA 99114 Telephone: 509-684-8841 Email: srslunop@gmail.com STATE OF WASHINGTON STEVENS COUNTY SUPERIOR COURT

SAMUEL SALMON, and ROXY SALMON PLAINTIFF, v. BAC HOME LOANS SERVICING, LP DEFENDANT

) ) ) CASE NO. : ____________________________ ) ) ) ) ) ) QUIET TITLE ) ) ) ) )

Plaintiff is filing this action as a Pro se litigant and respectfully requests that this complaint will be decided on its content, meaning, and merit, and not on its form. Plaintiff complains and for causes of action alleges as follows: I. CAUSE OF ACTION For SAMUEL SALMON, and ROXY SALMON, and against BAC HOME LOANS SERVICING, LP Defendant BAC HOME LOANS SERVICING, L.P. is now, and at all times herein mentioned, was a Corporation registered in the State of
Samuel Salmon 917C Philpott Rd. Colville, WA 99114 Telephone: 509-684-8841

QUIET TITLE ACTION

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Washington under UBI# 602606630 and existing under the laws of the State of Washington. BAC HOME LOANS SERVICING, L.P. has its local office located at 601 W. Riverside Ave. Spokane, WA 99210-0621. BAC Home Loans Servicing, L.P.s Registered Agent is listed as C T Corporation System located at 1801 West Bay Drive NW Ste. 206 Olympia, WA 89502. Defendant BAC HOME LOANS SERVICING, L.P. is a subsidiary of Bank of America, N.A. with its principal place of business located at 6400 Legacy Drive, Plano, Texas 75024. Defendant may be served with process of this Court upon any officer of the corporation by mailing a copy of the summons and complaint to the principal place of business. Plaintiff is ignorant of the true name and capacity of the defendant sued herein as, and therefore sues the defendant by said fictitious name. Plaintiff will amend this complaint to allege the true name, or names and capacity when ascertained. Plaintiff is now and at all times herein mentioned the owner and/or entitled to possession of the property located at 917C Philpott Road, Colville, Washington 99114 with the legal description as: LOT(S) 3 OF SHORT PLAT NO. SP 33-96, LOCATED IN THE SW1/4 OF SECTION 21, TOWNSHIP 34 NORTH, RANGE 39 EAST, W.M., IN STEVENS COUNTY, WASHINGTON, ACCORDING TO PLAT RECORDED NOVEMBER 14, 1996, UNDER AUDITOR'S FILE NO.9612321. II. Defendant misrepresents itself as beneficiary. BAC HOME LOANS SERVICING, L.P. has claimed the position of beneficiary on the deed of trust assignment listed in the Stevens County Assessors Office under file # 20100007023.
QUIET TITLE ACTION Page 2 of 5
Samuel Salmon 917C Philpott Rd. Colville, WA 99114 Telephone: 509-684-8841

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Washington state law requires the beneficiary listed on the deed of trust and its assignments to be the owner of the promissory note. BAC HOME LOANS SERVICING L.P. is not the notes owner as shown in their letter from Bank of America submitted in this case under (Exhibit A) which identifies the Promissory Notes owner as Federal National Mortgage Association. Specifically their letter shows in paragraph #4 The current owner of the Note is Federal National Mortgage Association, which has an address of 13150 World Gate Drive, Herndon, VA 20170 and a telephone number of 703.833.1700. This letter was issued in response from the Plaintiffs challenging the defendants claim as beneficiary and loan servicer with a qualified written request as outlined in 12 USC 2605(e). This response neither provided proof of a servicing contract which is required by law in order to service the loan. Plaintiff is aware that the defendant BAC HOME LOANS SERVICING, L.P.s claim of beneficiary in the corporation assignment of the deed of trust as shown in Stevens County Auditors Office under file No. 20100007023, is without substance, and is void as it does not conform to the true requirement of beneficiary according to Washington State code as shown in RCW 61.24. Plaintiff is also aware that in order to claim title and perform a trustee sale the beneficiary must show proof that the beneficiary is the owner of any promissory note, according to Washington State code as shown in RCW 61.24.030(7)(a), their letter proves they are not the notes beneficiary.

QUIET TITLE ACTION

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Samuel Salmon 917C Philpott Rd. Colville, WA 99114 Telephone: 509-684-8841

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Plaintiff believes and thereupon alleges that the Defendants claim as beneficiary is hereby shown to be without foundation. However, the claim of said Defendant as beneficiary as shown is also without any factual proof whatsoever, and said Defendant has no legal or equitable right, claim, interest, or standing in said property. III. PRAYER FOR RELIEF 1. Plaintiff therefore seeks a declaration that the title to the subject property is vested in plaintiff alone and that the defendant BAC HOME LOANS SERVICING, L.P. herein, be declared to have no estate, right, title or interest in the subject property and that said defendant BAC Home Loans Servicing, L.P., be forever enjoined from asserting any estate, right, title or interest in the subject property adverse to plaintiff herein. WHEREFORE, plaintiff Samuel Salmon, and Roxy Salmon pray for judgment against defendant: 2. For an order compelling said Defendant, to acknowledge legal title and possession of the subject property to Plaintiff herein; 3. For a declaration and determination that Plaintiff is the rightful holder of title to the property and that Defendant herein, be declared to have no estate, right, title or interest in said property; 4. For a judgment forever enjoining said defendant, from claiming any estate, right, title or interest in the subject property; 5. For costs of suit herein incurred and damages as judge discerns fair;

QUIET TITLE ACTION

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Samuel Salmon 917C Philpott Rd. Colville, WA 99114 Telephone: 509-684-8841

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AFFIDAVIT AND DECLARATION

I, Samuel Salmon hereby declare under penalty of perjury under the laws of the United States and the State of Washington that on Monday, August 15, 2011, all undersigned statements to be true and correct, and I, Samuel Salmon am competent to state the matters set forth herein, that the contents are true, correct, complete, and certain, admissible as evidence, and reasonable and just in accordance with Affiants best firsthand knowledge and understanding.

Dated this Monday, August 15, 2011 Samuel Salmon 917C Philpott Rd. Colville, WA 99114

CERTIFICATE OF SERVICE
I hereby certify that on Monday, August 15, 2011, I filed the foregoing document with the Clerk of Court. I certify that a true and correct copy of said document was sent to all case participants in the following manner; Certified mail to the defendant as listed: Monday, August 15, 2011 BAC Home Loans Servicing, L.P. c/o C T Corporation System 1801 West Bay Dr Nw Ste 206 Olympia, WA 89502 BAC Home Loans Servicing, L.P. 6400 Legacy Drive Plano, Texas 75024

Samuel Salmon 917C Philpott Rd. Colville, WA 99114

QUIET TITLE ACTION

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Samuel Salmon 917C Philpott Rd. Colville, WA 99114 Telephone: 509-684-8841

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Exhibit (A)
LETTER FROM BANK OF AMERICA SHOWING SALMONS PROMISSORY NOTES OWNER

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