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

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.
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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
Pro 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
IN THE COURT OF APPEALS, DIVISION IIOF THE STATE OF WASHINGTON

CORPORATION,
Respondent,
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vs.

Appellant.
Court of Appeals
Cause No. 47566-9-II
Clark County
Cause No. 15-2-00924-2
INDEX
Sub#
-
No. of Pages
Page No.
Certificate - Clerk's Papers
31
Complaint For Unlawful

Detainer, 04/02/2015
18B
Declaration Of Katherine A.
Christofilis, 04/30/2015
20
36
Designation Of Clerk's Papers,

06/04/2015
29
11
Judgment For Writ Of

Restitution Only, 04/03/2015
19
Motion Hearing, 05/01/2015
26
Page 1 of2
Sub#
-
No. of Pages
Page No.
20
Order, 05/01/2015
27
10
Order Of Default, 04/03/2015
18A
Response To Defendant's
Motion To Quash Service Of
Summons, 04/30/2015
14
Summons, 04/02/2015
12
Writ Of Restitution Issued,

04/03/2015
12
Page 2 of2
... ,''
i
.,,
d-
1)
F~ l ED
. APR 0 2 2015
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Scott G. Weber,
Cle~galCo.
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6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR CLARK COUNTY
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9

CORPORATION,
Plaintiff,
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vs.
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12
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SUMMONS
PAMELA S. OWEN AND JOHN/JANE DOE
OWEN, WIFE AND HUSBAND; JOHN AND
JANE DOE, UNKNOWN OCCUPANTS OF THE
PREMISES,
Defendants.
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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
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TO:
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AT:
Pamela S. Owen and John/Jane Doe Owen, and John and Jane Doe, unknown
occupants of the premises;
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.
If 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.
25
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
PHON~:_,~2?6,L6,~2;.5~0~\ FAX: (206) 622-03540-000000001
0 i~-_,/\
1- :
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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.
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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.
If there 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. If 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.
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If you wish to seek the advice of an attorney in this matter, you should do so
promptly so that your written response, if any, may be served on time .
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You may also be instructed, in a separate order, to appear for a court hearing on
your unlawful detainer. If 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 HAVE
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.
t:oto - (,/l
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Katherine Christofilis, WSBA #42584

Attorney for Plaintiff
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SUMMONS-2
452 .1501456

SEATTLE, WA 98101
PHONE: (206) 622-5306 FAX: (206) 622-03540-000000002
FILED
2
APR 0 2-2015
'101
Scott G. Weber, Clerk, Clark Co.

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CORPORATION
Plaintiff,
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vs.
COMPLAINT FOR
UNLAWFUL DETAINER
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OWEN, WIFE AND HUSBAND; JOHN AND
JANE DOE, UNKNOWN OCCUPANTS OF THE
PREMISES,
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Defendants.
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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
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Clark County has jurisdiction to hear these proceedings.

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2.
Ownership Status of Plaintiff: Plaintiff is the owner of the real property
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described below (subject property) by virtue of its successful bid at a Trustee's foreclosure
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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

SEATTLE, WA 98101
PHONE: (206) 622-5306 Fax: (206) 622-0-000000003
O f\ j td f;J /.\ L.
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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
5
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3.
Right of Plaintiff 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
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refuse to surrender possession thereof.

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5.
WHEREFORE, Plaintiff prays for the following relief:

A.
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Prayer for Relief:
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
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Restitution or other proper Writ, commanding the Sheriff of Clark County to oust
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the Defendants from occupancy of said property, including breaking and entering if
necessary, and to deliver possession thereof to the Plaintiff;
B.
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For judgment declaring that any personal property remaining on the
above-described real property to be abandoned and valueless, and authorizing
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Plaintiff to take possession of said property or discard or destroy it as it deems

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proper.
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DETAINER-2
452 .1501456

SEATTLE, WA 98101
PHONE: (206) 622-5306 Fax: (206)
622-'Q-000000004
c.
2
DATED this
For such other relief as the Court deems reasonable and just.
--~_ _ day of March, 2015.

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i<Atsc ~ ----
By

Attorneys for Plaintiff
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DETAINER- 3
452 .1501456

SEATTLE, WA 98101
PHONE: (206) 622-5306 Fa~: (206)
622-'Q-000000005
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NOTICE
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State and federal law provide protections to defendants who are in the military service, and to their
dependents. Dependents of 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 of a default judgment in certain
circumstances. This notice pertains only to a defendant who is a dependent of 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 of 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, 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. If 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 of an order of 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.
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452 .1501456

SEATTLE, WA 98101
PHONE: (206) 622-5306 Fax: (206)
622-'Q-000000006
FILED
?015 APR -3 PH ~: O~
scorr
G. WEB,..
..
CL.A.RK.c tR, CU: Rt<
.OUN TY
IN THE SUPERIOR COURT OFTHE STATE OF WASHINGTON

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CORPORATION
Case No.
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Plaintiff,
ORDER OF DEFAULT
vs.
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EXPARTE

OWEN, WIFE AND HUSBAND; AND JOHN
AND JANE DOE, UNKNOWN OCClJPANTS
OF THE PREMISES,
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Defendants.
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THIS MATTER came on for hearing upon Plaintiffs Motion for Order of Default.
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The Court has reviewed the parties' papers and the file herein. The Court finds that
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service of Plaintiffs Summons and Complaint was duly and regularly made upon
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Defendants, and that since the date of service, Defendants have failed to serve or file an
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answer or other responsive pleading, that the time provided by law for doing so has
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expired, and that this Court is the proper venue for this case. Now, therefore, IT IS
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HEREBY:
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720 Olive Way, Suite 1201
Seattle, WA 98101
ORDER OF DEFAULT - 1
Phone: (206) 622-5306 Fax: (206)
j\
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,, i
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62Q-OOOOOOOO?
LLM
ORDERED that Defendants Pamela S. Owen and John/Jane Doe Owen, and John
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and Jane Doe, the unknown occupants of the premises, are in default in the above-entitled
action.
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DONE IN OPEN COURT this
-:)-
day of
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Presented by:
Bishop, Marshall & Weibel, P.S.
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~(A/'-
By:
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ORDER OF DEFAULT- 2

Seattle, WA 98101
Phone: (206) 622-5306 Fax: (206)
62'.0-000000008
.:-;
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FfLD
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PM 4: fJh
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CLAfr1<,cot~{j-ERt<
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CORPORATION,
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15-2-00924-
Plaintiff,
Case No.:
vs.
OWEN, WIFE AND HUSBAND; AND JOHN
AND JANE DOE, UNKNOWN OCCUPANTS
OF THE PREMISES,
[Clerk's Action Required]
EXPARTE
Defendants
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JUDGMENT FOR WRIT OF

RESTITUTION ONLY
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Judgment Creditor:
Attorney for Judgment Creditor
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Judgment Debtor(s):
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Federal Home Loan Mortgage Corporation

Katherine Christofilis
Pamela S. Owen and John/Jane Doe Owen and
all Occupants of the Premises
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JUDGMENT
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This matter came on for hearing before the undersigned Judge/Court Commissioner
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of Clark County Superior Court on the Plaintiffs Complaint for Unlawful Detainer. The
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Court, having reviewed the file and records herein, having read and considered the
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Declaration of Katherine Christofilis and deeming itself fully advised, now makes the
following:
JUDGMENT FOR WRIT OF RESTITUTION ONLY- 1
Evjdmtnonmoney/452 .1501456
or~

SEATTLE, WA 98101
ci f e~\)1622~5306
, , ".
FAX: (206)
6220-000000009
LLM
FINDINGS OF FACT
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1.
At all material times herein, Plaintiff, Federal Home Loan Mortgage
Corporation, as authorized to do business in the State of Washington and owes no license

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fees or taxes to the State of Washington.

2j
Plaintiff is the owner of the following described real property (the subject
property):
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 by reason of its
successful bid at a Trustee's foreclosure sale held on January 16, 2015.
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3.
As provided by law, Plaintiff was entitled to possession of the subject property
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on February 5, 2015, the twentieth day following the Trustee's sale.

4.
Defendants are still in possession of the subject property and refuse to
surrender possession thereof.
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Having made the foregoing Findings of Fact, the Court now makes the following:
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CONCLUSIONS OF LAW
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1.
The CoUrt has jurisdiction over the parties and subject matter ofthis lawsuit.
2.
The Defendants are guilty of unlawful detainer from the date set forth in
Finding of Fact No. 3 to the date judgment is entered herein.

3.
The Plaintiff is entitled to (1) immediate possession of the subject real
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property; and (2) to the issuance of a Writ of Restitution.

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Based on the foregoing Conclusions of Law, now, therefore, IT IS HEREBY:
JUDGMENT FOR WRlT OF RESTITUTION ONLY- 2


SEATTLE, WA 98101
(206) 622-5306 FAX: (206) 622Q~QOOOOOO
10
. """'-
ORDERED, ADJUDGED and DECREED:

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1.
THAT the Defendants and any and all occupants of the premises, shall be,
evicted from the subject property, as described in the Finding of Fact No. 2, commonly
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known as: 3912 NE 57thAvenue, Vancouver, WA 98661.

2.
THAT the Clerk of this Court shall issue forthwith a Writ of Restitution,
returnable 20 days after i~s date of issuance, ordering the Sheriff of Clark County to restore
the subject property to the Plaintiff; provided, that if return is not possible within 20 days,
the return on the writ shall be automatically extended for a second 20 day period. The
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Writ shall also authorize the Sheriff to break and enter the subject property, as necessary.
3.
THAT any personal property remaining on the above described real property
is deemed abandoned and valueless, and Plaintiff is hereby authorized to take possession
of such property or discard or destroy it, as provided by law.
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DONE IN OPEN COURT this

. 16
day of
&Jra)
'2015
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~LA/\
Katherine Christofilis, "WSBA #42584

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JUDGMENT FOR WRIT OF RESTITUTION ONLY- 3


SEATTLE, WA 98101
(206) 622-5306 FAX: (206) 622Q~QOOOOOO
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FI LED
APR 0 3 2015
~;OS ?lW'-
Scol G. Welber. Qadc. Q1llllt Cb.
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--'
...........
--~..

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CORPORATION,
15 - 2 .. '0 0 9 2 4 - 2
CASE NO.:.
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Plaintiff,
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vs.
WRIT OF RESTITUTION
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PAMELA S. OWEN AND JOHN/JANE

DOE OWEN, WIFE AND HUSBAND;
AND JOHN AND JANE DOE, UNKNOWN
OCCUPANTS OF THE PREMISES,
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Defendants.
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TO:
The Sheriff of Clark County
STATE OF WASHINGTON
)
) SS
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CLARK COUNTY
Af:>'fl,L ~
, 2015 on the motion of the attorneys for
. 'ff herem,
. t he H onorable ,
t he Pl amt1
/sf ROBERT- .A. LE'v'..CS, one o.f the Judges/C ourt
WHEREAS, on
----- -
----
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Commissioners of this Court, signed an Order for Writ of Restitution, restoring the
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possession of the below described real property (the subject property) to the Plaintiff in
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the manner provided by law:
WRIT OF RESTITUTION - 1
452.1501456

Seattle, WA 98101
Phone: (206) 622-5306/Fax: (206) 622-0354
0-000000012
LLM
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.

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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
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if necessary to affect this Writ. Should you not be able to fully deliver possession of the
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described premises within 20 days of this Writ's issuance then this Writ of Restitution
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will automatically be renewed for an additional 20 days without further order of the
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Court, and you will have that additional time in which to restore possession of the
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premises to the Plaintiff.

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DATEDthis_dayof _ _ _ _ _ ,2015.
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Superior Court Judge
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, Clerk of the
Superior Court for Clark County,
Washington:
~~~---------
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By: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deputy Clerk
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WRIT OF RESTITUTION -2
452 .1501456

Seattle, WA 98101
Phone: (206) 622-5306/Fax: (206) 622-0354
0-000000013
FILED
2
2015 APR 30 PM I: 09
1CO TT G. WEBER. CL.ER~
CL ARK COUNTY
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CORPORATION,
Plaintiff,
vs.
CASE NO.: 15-2-00924-2

RESPONSE TO DEFENDANT'S
MOTION TO QUASH SERVICE OF
SUMMONS

DOE OWEN, WIFE AND HUSBAND;
JOHN AND JANE DOE, UNKNOWN
OCCUPANTS OF THE PREMISES ,
Defendants.
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I.
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INTRODUCTION
,
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The Plaintiff herein, FEDERAL HOME LOAN MORTGAGE CORPORATION
19
(hereinafter "Freddie Mac"), by and through its attorneys of record, Katherine A.
20
Christofilis of Bishop, Marshall & Weibel, P.S., hereby replies to Defendant's Motion to
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Quash Service of Summons and Motion To Vacate Judgment and Stay Enforcement of
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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.
SUMMONS- I
,..
Defendant has presented no competent

SEATTLE, WA 98101
PHONE: (206) 622-5306 Fax: (206) 622Q~QOOOOOO
0 R' GINAL
HOH
14
- -- -
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
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
of the subject real property.
II.
A.
LEGAL ARGUMENT
Jurisdiction is proper.
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
14
twentieth day following the sale, as against the borrower and grantor under the deed of
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trust and anyone having an interest junior to the deed of trust ... The purchaser shall also
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have a right to the summary proceedings to obtain possession of real property provided in
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chapter 59.12 RCW."
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Therefore, Clark County Superior Court has jurisdiction to hear these proceedings.
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The subject property is located in Clark County Washington.
The Defendant asserts in their Motion to Quash Service of Summons that Freddie
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Mac points to nothing in RCW 59.12.030 to support its complaint for unlawful detainer.
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However, Freddie Mac brought its unlawful detainer action under RCW 61.24.060, which
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authorizes a purchaser at a trustee's sale to obtain possession of the purchased property
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using the summary proceedings for unlawful detainer in chapter 59.12 RCW. Therefore,
SUMMONS-2

SEATTLE, WA 98101
PHONE: <206) 622-5306 Fax: (206) 622
6,._,.000000015
I
Freddie Mac had statutory authority to bring the unlawful detainer complaint under RCW
2
59.12.
Service of an untiled Summons and Complaint was proper. Washington Civil Rule
4
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
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the following:
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If 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. If 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.
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RCW 59.18.365(3).
Contrary to the Defendant's assertion, WA CR 3 and RCW 59.18.365 specifically
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allow for the Summons and Complaint to be served untiled by including the sentence
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"[y]ou may demand that the plaintiff file this lawsuit with the court." RCW 59.12.365.
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The requirements of RCW 59.12.070 have been met. The Summons contained all the
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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

SEATTLE, WA 98101
16
(Unlawful Detainer), the relief sought (possession of the premises), and the return date
2
(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
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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 Plaintiffs Motion for Order of
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Default, Ordering that the Defendants in the above entitled action are in default. As set
12
out above, the Summpns was valid and Freddie Mac complied with the statute, and
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therefore, a valid default judgment was taken.
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c.
The Defendant Waived Their Right to Challenge the Foreclosure
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The Defendant failed to bring an action to enjoin the foreclosure. The three main
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goals of the Washington Deed of Trust Act are: (1) that the nonjudicial foreclosure process
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is efficient and inexpensive; (2) that the process should result in interested parties having
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an adequate opportunity to prevent wrongful foreclosure; and (3) that the process should
20
promote the stability of land titles. Cox v. Helenius, 103 Wn.2d 383, 387, 693 P.2d 683.
21
(1985). Under Washington law, a borrower's failure to take advantage of the pre-sale
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remedies under the Deed of Trust Act may result in waiver of their right to object to the
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Trustee's Sale. Brown v. Household Realty Corp., 146 Wn. App. 157, 189 P.2d 233
25
(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).
SUMMONS-4
RCW

SEATTLE, WA 98101
17
61.24.127(1)(a)-(c) provides that the failure of the borrower to halt or restrain the sale is
2
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
4
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. See RCW 61.24.127(2)(b)(c). If 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. See
10
11
RCW 61.24.127(2)(b).
12
Further, the Trustee's Deed is conclusive evidence of Plaintiffs ownership interest
13
in the Property. Plaintiff was then entitled to possession of the property, the 20th day after
14
the sale.
Therefore, Plaintiff respectfully requests that this Court deny Defendant's
15
Motion to Quash Service of Summons.

16
VI. CONCLUSION
17
18
Defendants' Motion to Quash Service of Summons and Motion to Vacate Judgment
19
and Stay Enforcement of Writ of Restitution should be denied. Defendants' have no valid
20
defense to the Unlawful Detainer Action.
Defendants are still occupying the subject
21
property and refuse to surrender possession thereof. Defendants are guilty of Unlawful
22
23
24
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.
25
SUMMONS-5

SEATTLE, WA 98101
18
DA TED this
2 q day of April, 2015.
3
4
Katherine A. Christofilis, WSBA #

Attorneys for the Plaintiff, Federal Home Loan
Mortgage Corporation
5
6
7
8
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15
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SUMMONS-6

SEATTLE, WA 98101
PHONE: (206) 622-5306 Fax: (206)
6220-000000019
FILED
ZOl5 APR 30 PH I: 09
.)COTT G. WEBER. CLERh
cu1nK. COUHTY
2
3
4
5
6

8
9

CORPORATION,
JO
11
12
13
14
Plaintiff,
vs.
DOE, WIFE AND HUSBAND; JOHN AND
JANE DOE, UNKNOWN OCCUPANTS OF
THE PREMISES,
CASE NO.: 15-2-00924-2

DECLARATION OF KA THERINE A.
CHRISTOFILIS IN SUPPORT OF
PLAINTIFF'S RESPONSE TO
SUMMONS
Defendants.
15
16
DECLARATION
17
18
I, Katherine A. Christofilis, under penalty of perjury under the laws of the State of
19
Washington, certifies as follows:
20
1.
That I am one of the attorneys of record for the Plaintiff herein. I have
21
knowledge of the facts of this case from review of the recorded documents.
22
23
24
2.
This action arises following purchase by Plaintiff of the property described

in Plaintiff's Complaint at Trustee's nonjudical foreclosure sale.
25
CHRISTOFILIS - 1
BISHOP, WHITE, MARSHALL & WEIBEL, P.S.

SEATTLE, WA 98101
Ev-motionordersc/452.1501456
(206) 622-5306, FAX: (206) 622-030-00000002 0
ORIGINAL
HOH
3.
2
Attached as Exhibit 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 (201h) day following
foreclosure sale, and further to enforce that right as provided in RCW
61.24.060.
DATED this
lf1
day of April, 2015.
10
11
12
Katherine A. Christofilis, WSBA #42584

Attorneys for the Plaintiff, Federal Home Loan
Mortgage Corporation
13
14
15
16
17
18
19
20
21
22
23
24
25
CHRISTOFILIS - 2
Ev-motionordersc/452.1501456
BISHOP, WHITE, MARSHALL & WEIBEL, P.S.

SEATTLE, WA 98101
(206) 622-5306, FAX: (206) 622-030-000000021
5080743 Nf-~
S RecF.. - $75.01 Pages: 4 - DOCUMENT PROCESSING SOLUTION
~1\ili~~mr1lfnm111w111~1H1mi~iiil~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
TO No 8417086
lf1f AM../
PURSUANT TO THE REVISED CODE OF WASHINGTON

CHAPTER 61.24 ET. SEQ.
I. NOTICE IS HEREBY GIVEN that on October 171 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 to 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.
0-000000022
I
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:

Address:
800-669-6650
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
Number of
To
Monthly Payment
Total
$1,657.14,
$1,747.87,
$1,740.78
$98,122.92
Payments
September 1, 2009
June 16, 2014
35
12
11
LATE CHARGE INFORMATION

September 1, 2009
June 16, 2014
58
$63.26
$3,669.08
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
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 of 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 of any recorded junior lien or
encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant
to the terms of 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
Clark Auditor Wed Jun 18 10:24:31 PDT 2014 5080743 Page 2
TO No 8417086
0-000000023
,,-
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 Department of 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 day 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 tenantoccupied 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
0-000000024
,,
.....
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) 409~7530
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
uJuz io17
.tlJ
I certify that I know or have satisfactory evidence that

S
(/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
Dat~nt 1&, OJfJ/
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 debt 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
APN 108669012
TO No 8417086
0-000000025
FILED
05-01-2015, 13:59
Scott G. Weber, Clerk
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. Frazier
15-2-00924-2
CORPORATION
Judicial Assistant: A. DeShiell
10.
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 is called at 9:15 a.m.

Ms. Owen motions to quash summons
Ms. Owen argues Bank of America is not a beneficiary, citing 59.12
Court has reviewed the entire file and all of Ms. Owen's materials; some of it
didn't control the proceedings
Re: the Writ issued 4-3-15 (grounds for vacating default), the motion is denied
Ms. Owen states she intends to file an appeal; her right to appeal starts now
and she has 30 days
Court signs: Order; Ms. Christofilis retains the order
0-000000026
EDF
1A
FILED
2015 MAY - I AM ': 23
SCOTT.G. WBBEH.CLERK
c L..
Pcrnuu.""
n 1v1
I\
;/-\cn;1\vv
4
5
6
7
8
9

CORPORATION,
10
11
12
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14
Plaintiff,
CASE NO.: 15-2-00924-2

ORDER
vs.
[CLERK'S ACTION REQUIRED]
DOE OWEN, HUSBAND AND WIFE;
AND JOHN AND JANE DOE, UNKNOWN
OCCUPANTS OF THE PREMISES,
Defendants.
15
16
17
THIS MATTER came on for hearing upon Plaintiffs Motion to Vacate Judgment
18
and Stay Enforcement of the Writ of Restitution and Plaintiffs Motion to Quash Service
19
20
21
22
23
24
25
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

Seattle, WA98101
Phone: (206) 622-5306 Fax: (206)
62:0-00000002 7
SLV
(5) Plaintiff's Response to Defendants' Motion to Quash Service of Summons;

(6) Declaration of Katherine Christofilis;
(7) - - - - - - - - - - - - - - - - - - 3
(8) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
4
5
and the Court otherwise being fully informed, IT IS HEREBY:
ORDERED, ADJUDGED AND DECREED that Defendants' Motion to Vacate
Judgment and Stay Enforcement of the Writ of Restitution is DENIED. It is hereby
further
ORDERED, ADJUDGED AND DECREED that Defendants' Motion to Quash

10
11
Service of Summons is DENIED. It is hereby further
12
ORDERED, ADJUDGED AND DECREED THAT Federal Home Loan Mortgage
13
Corporation is entitled to (1) immediate possession of the property commonly known as
14
3912 NE 57th Avenue, Vancouver, WA 98661; and (2) to issuance of a Writ of
15
Restitution.
16
17
DONEINOPENCOURTthis
18
_,- 3-=>/.
dayof
/(/r;o/
2015
~~hV
19
JUDGE/GQ1mT COMM~
20
21
Presented by:
22
Bishop, Marshall & Weibel, P .S.
:: B)~
25
'/l
Katherine Christo~ WSBA #42584

ORDER-2

Seattle, WA98101
Phone: (206) 622-5306 Fax: (206) 62~0-000000028
F1LED
2015 JUN -4 PM l1: 3D
SCOT l G. WESE.i\, CUj\b
CLARK COUNTY
5
6

IN AND FOR THE COUNTY OF CLARK
8
9
10
11
12
13
) Clark County No. 15-2-00924-2

)
CORPORATION,
) Court of Appeals No. 47566-9-II
Plaintiff,
)
vs.
) DESIGNATION OF CLERK'S PAPERS
PAMELA S. OWEN, et al.,
)
Defendants.)
)
14
~~~~~~~~~~~~~~~)
15
TO THE CLERK OF THE COURT
16
17
18
19
20
21
22
Please prepare and transmit to the Court of Appeals, Division II, the following clerk's
papers:
Sub No.
2
3
10
11
12
18A
18B
23
19
24
25
20
Document
Summons
Complaint
Order of Default
Judgment and Order for Writ of Restitution
Writ of Restitution Issued
Plaintiffs Response to Defendant's Motion To Quash
Service of Summons
Declaration In Support of Plaintiffs Response to
Defendant's Motion To Quash Service of Summons
Motion Hearing With Order Denying Defendant's Motion to
Quash
Order Denying Defendant's Motion To Quash
26
Respectfully submitted,
27
June 4, 2015
28
Date
04-02-2015
04-02-2015
04-03-2015
04-03-2015
04-03-2015
04-30-2015
04-30-2015
05-01-2015
05-01-2015
DEFENDANT'S DESIGNATION OF CLERK'S PAPE RS
0-000000029
2
3
4
5
/J
(/~.
Ytinwfc-~ ktt~
Pamela S. Owen
3912 NE 57th Avenue
Vancouver. WA 98661
(360) 991-4758
Defendant
7
8
9
10
11
12
13
14
15
16
17 i:"
18
19
20
21
22
23
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26
27
28
DEFENDANT'S DESIGNATION OF CLERK'S PAPERS
0-000000030

FEDERAL HOME LOAN

MORTGAGE CORPORATION,
Respondent,
)
)
)
)
No. 15-2-00924-2
)
)
vs

Appellant
CERTIFICATE - Clerk's Papers
)
)
)
)
)
)
STATE OF WASHINGTON,}
County of Clark,}
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.
SCONR~R~TY CLERK
By~--~~--~~
Heather Hunt, Deputy Clerk
.500.00
0-000000031

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

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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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IN THE COURT OF APPEALS, DIVISION II

OF THE STATE OF WASHINGTON

FEDERAL HOME LOAN MORTGAGE

PAMELA S. OWEN, ET AL.,

Cause No. 47566-9-II

TRIAL JUDGE: ROBERT LEWIS

Counsel for Appellant:

Counsel for Respondent:

IN THE COURT OF APPEALS, DIVISION IIOF THE STATE OF WASHINGTON

FEDERAL HOME LOAN MORTGAGE

PAMELA S. OWEN, ET AL.,

Certificate - Clerk's Papers

Complaint For Unlawful

Designation Of Clerk's Papers,

Judgment For Writ Of

Motion Hearing, 05/01/2015

Order Of Default, 04/03/2015

Writ Of Restitution Issued,

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

FEDERAL HOME LOAN MORTGAGE

THIS IS A NOTICE OF A LAWSUIT TO EVICT YOU. PLEASE READ IT

You can respond to the Complaint in writing by delivering a copy of a Notice of

BISHOP, MARSHALL & WEIBEL, P.S.

PHON~:_,~2?6,L6,~2;.5~0~\ FAX: (206) 622-03540-000000001

LATER THAN THE DEADLINE SHOWN AT THE BEGINNING OF THIS

Your Notice of Appearance or Answer must be delivered to the address or

day of March, 2015.

BISHOP, MARSHALL & WEIBEL, P.S.

Katherine Christofilis, WSBA #42584

BISHOP, MARSHALL & WEIBEL, P.S.

Scott G. Weber, Clerk, Clark Co.

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

FEDERAL HOME LOAN MORTGAGE

PAMELA S. OWEN AND JOHN/JANE DOE

Jurisdiction and Venue: Pursuant to RCW 59.12.050 the Superior Court of

Clark County has jurisdiction to hear these proceedings.

Ownership Status of Plaintiff: Plaintiff is the owner of the real property

BISHOP, MARSHALL & WEIBEL, P.S.

Lot 6, Anderson Subdivision-2, according to the Plat thereof, Recorded in

3912 NE 57th Avenue

Right of Plaintiff to Possession: As provided by RCW 61.24.060, Plaintiff

refuse to surrender possession thereof.

WHEREFORE, Plaintiff prays for the following relief:

Prayer for Relief:

For restitution of the subject property forthwith; and for an order

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

COMPLAINT FOR UNLAWFUL

BISHOP, MARSHALL & WEIBEL, P.S.

--~_ _ day of March, 2015.

BISHOP, MARSHALL & WEIBEL, P.S.

Katherine Christofilis, WSBA #42584

COMPLAINT FOR UNLAWFUL

BISHOP, MARSHALL & WEIBEL, P.S.

BISHOP, MARSHALL & WEIBEL, P.S.

IN THE SUPERIOR COURT OFTHE STATE OF WASHINGTON

FEDERAL HOME LOAN MORTGAGE

PAMELA S. OWEN AND JOHN/JANE DOE

BISHOP, MARSHALL & WEIBEL, P.S.

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

DONE IN OPEN COURT this

BISHOP, MARSHALL & WEIBEL, P.S.