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8 THE SUPERIOR COURT OF THE STATE OF WASHINGTON

9 IN AND FOR THE COUNTY OF PIERCE

10
US BANK NATIONAL ASSOCIATION, N.D.,
11 a national banking association CASE NO.: 10-2-11410-1

12 DEFENDANTS' AMENDED RESPONSE TO


Plaintiff, PLAINTIFF'S COMPLAINT FOR
13 UNLAWFUL DETAINER
vs.
14 (CLERK’S ACTION REQUIRED)

15 TRIAL BY JURY DEMANDED


HEATHER A. TUCCI-JARRAF (fka. Heather
16 Tucci) individually and her marital community,
YOUSSEF JARRAF, individually and his
17 marital community,; OCCUPANT/RESIDENTS
18
Defendants
19
20
21 I. Introductory Certification

22 Plaintiff's named alleged Defendants, Heather A. Tucci-Jarraf and Youssef Jarraf,

23 hereinafter referred to as “Defendants” (for organizational purposes only and is not intended

24 and should not be relied upon as a statement of law, fact, acquiescence, or otherwise) comes

25 now before this Court, through their Attorney, Heather Ann Tucci-Jarraf, for peaceful

26 resolution of any and all matters claimed, alleged by Plaintiff in Plaintiff's Complaint

27 (Complaint) and Defendants hereby file their response, notwithstanding lack of jurisdiction,

28
DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT -1 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 supported by the Sworn Affidavits of Heather A. Tucci-Jarraf and Youssef Jarraf, filed
2 concurrently with this Response, attached herein as Exhibits A and B, respectively, and
3 incorporated herein as if set forth in full.:
4
5 I. PLAINTIFF'S NAMED PARTIES
6
7 Plaintiff U.S. Bank National Association N.D. (“Plaintiff”), is the party that filed a Complaint in
8 Pierce County Superior Court.
9 Defendants, Heather Ann Tucci-Jarraf and Youssef Jarraf, were named by the Plaintiff as
10 Defendants.
11
12 II. PLAIN STATEMENT OF FACTS AND LAW
13 A. The following “Negative Averments and Conditions Precedent” AND all sections and
14 subsections hereafter, are based on the Sworn Affidavits of Defendants, Heather Ann Tucci-
15 Jarraf and Youssef Jarraf (“Sworn Affidavits”), filed concurrently and incorporated herein as
16 if set forth in full, whereas said Affiants have personal knowledge of the alleged transaction,
17 and any and all underlying relevant documents, executed and/or not executed, including but
18 not limited to, an alleged credit agreement with U.S. Bank hereinafter “Agreement”,
19 applicable Washington Statutes, and relevant case law.
20 B. For and on the record, Defendants herewith provide open and notorious notice to all,
21 sundry, and to whom it may concern that Defendants are not aware of any documentary
22 material evidence established on the record of this instant matter by competent witness under
23 affidavit notarized true, correct, and complete verifying and validating with completeness
24 and particularity in law and fact proof of claim that any of the following negatively averred
25 (denied as existing until proven to exist) items is untrue, non-existent, unethical, frivolous,
26 argument, or in any manner invalid, and requires as conditions precedent, hereinafter
27 “Conditions Precedent,” for any cause of action whatsoever to be legitimately heard and
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT -2 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 entertained re this instant matter, the setting into evidence as non-exculpatory, non-hearsay
2 evidence by competent witness in form fully compliant with all provisions of the Revised
3 Codes of Washington and Washington Rules of Evidence ER 601, 602, 603, 802, 901, 902,
4 904, 1002, proof of claim of invalidation of all of the following matters, which, without said
5 proof of claim, are unconditionally stipulated by all parties whatsoever involved in this
6 instant matter, hereinafter “Involved Parties,” as the truth and judgment of the law re this
7 instant matter, whereby it is herewith affirmed that:
8 1) RCW 5.40.010, of Evidence Title 5 RCW, declares that pleadings sworn to by either
9 party in any case shall not be deemed proof of the facts alleged therein, nor require other
10 or greater proof on the part of the adverse party.
11 2) A court may not assume the truth of allegations in a pleading which are contradicted by
12 affidavit. Data Disc, Inc. v. Systems Tech Assoc., Inc., 557 F.2d 1280 (9th Cir. 1977).
13 3) Plaintiff has the burden to establish jurisdiction. KVOS, Inc. v. Associated Press, 299
14 U.S. 269, 278, 57 S.Ct. 197, 81 L.Ed. 183 (1936).
15 4) A Plaintiff's obligation to provide the grounds of his entitlement to relief requires more
16 than labels and conclusions and factual allegations must be enough to raise a right to
17 relief above the speculative level. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, at 554
18 (2007).
19 5) RCW 59.12.032 requires that “[a]n unlawful detainer action, commenced as a result of a
20 trustee's sale under chapter 61.24 RCW, must comply with the requirements of RCW
21 61.24.040 and 61.24.060.”. See RCW 59.12.032. Defendants do not understand how
22 Plaintiff could have complied with RCW 61.24.060 and 61.24.040, and absent Plaintiff's
23 prior absolute proof, subject to authentication and admissibility under the Washington
24 Rules of Evidence, Plaintiff has not complied with RCW 61.24.060 and 61.24.040. See
25 Sworn Affidavits.
26 (a) Defendants reassert 1-4 herein as if set forth in full.
27
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT -3 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 (b) RCW 61.24.060(2) states that a “Purchaser” shall provide written notice to the
2 occupants and tenants at the property purchased in substantially the form provided in
3 RCW 61.24.060(2). If Plaintiff was a “Purchaser” then Plaintiff was required to send
4 said notice to Defendants. Plaintiff has not provided Defendants or this Court with
5 prior absolute proof that Plaintiff did comply with RCW 61.24.060a Notice of
6 Purchase as required by RCW 61.24.060(2). See Sworn Affidavits. If Plaintiff was a
7 “Purchaser”, then they failed to comply with RCW 61.24.060(2).
8 (c) Defendants do not understand how Plaintiff claims Plaintiff is a “Purchaser” pursuant
9 to RCW 61.24.070. Under RCW 61.24.070(2) a “beneficiary” may request the
10 trustee to credit the monetary obligations secured by the deed of trust toward the
11 beneficiary's bid at a trustee's sale.
12 1) On page 2, section 4(A), the deed of trust for the Property requires the specific
13 identification of the debt that is to be secured by said deed of trust. There is no
14 specific debt specifically, or otherwise, identified, although it explicitly states that
15 said identification is required to be made. See Sworn Affidavits.
16 2) Defendants do not understand what alleged monetary obligation the trustee
17 determined, if any, was secured by the deed of trust for Property when the alleged
18 debt was not specifically identified as required. See Sworn Affidavits.
19 3) Defendants do not understand how the trustee determined what alleged monetary
20 obligation, if any, was secured by the deed of trust, when the required
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identification of the debt was not stated. See Sworn Affidavits.
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4) Defendants do not understand why the trustee determined any alleged monetary
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obligation was secured when the deed of trust for the Property did not specifically
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identify the debt to be secured as required. See Sworn Affidavits.
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5) Defendants do not understand how trustee could apply a credit of an alleged
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monetary obligation secured by a deed of trust to Plaintiff's alleged bid, when the
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT -4 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 deed of trust for the Property was expressly void of the identification of a debt to
2 be secured by said deed. See Sworn Affidavits.
3 6) Plaintiff has not provided Defendants and/or this Court with Plaintiff's prior
4 absolute proof of claim of an alleged “debt” and/or “monetary obligation” that
5 Principle owes/did owe Plaintiff, with full authenticated, verified and verifiable
6 accounting pursuant to GAAP and FAS provided by a competent witness with
7 firsthand personal knowledge stated under a verifiable sworn and notarized
8 affidavit as true, correct, and complete with unlimited commercial liability, to
9 show an alleged debt that Plaintiff could request be applied towards a bid for the
10 purchase of the Property at trustee's sale, and that said alleged debt could lawfully
11 be applied as a credit for a bid pursuant to RCW 61.24.070, which upon said prior
12 absolute proof and successful bid at a trustee sale, would have otherwise rendered
13 the Plaintiff, it Plaintiff was a “beneficiary”, a “purchaser” under RCW 61.24.060,
14 entitled to summary proceedings under RCW59.12. See RCW 61.24.060, RCW
15 61.24.070(2), RCW 61.24.040, RCW 61.24.030, RCW 59.12.032 and Sworn
16 Affidavits.
17 7) Defendants do not understand how Plaintiff claims it was a “beneficiary” entitled
18 to request a credit under RCW 61.24.070(2). RCW 61.24.005 defines a
19 “beneficiary” as “the holder of the instrument or document evidencing the
20 obligations secured by the deed of trust...”. Plaintiff has not provided Defendants
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or this Court with authentic documentary evidence of standing as a “Beneficiary”
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as defined per RCW 61.24.005, in order to have standing to foreclose on Affiant's
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Property, and/or request a trustee to credit an alleged obligation towards a bid
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pursuant to RCW 61.24.070(2). Plaintiff has not provided Defendants, this Court
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or otherwise entered into evidence the original wet-ink signature promissory note,
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agreement, account contract, and/or instrument, if one exists, unaltered,
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unendorsed, in pristine condition in which to invoke or enforce Plaintiff’s
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT -5 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 standing as a holder-in-due-course and any authority to claim a credit pursuant to
2 RCW 61.24.070(2), and thus be rendered a “Purchaser”. Even if the original
3 wet-ink signature promissory note, agreement, account contract, and/or
4 instrument, if one exists, unaltered, unendorsed, in pristine condition, it was not
5 specifically identified under Section 4(A) in the deed of trust for the Property, and
6 therefore would said alleged obligation would not have been secured by said
7 deed.
8 8) Plaintiff has not provided Affiant and/or this Court with Plaintiff's prior absolute
9 proof of claim as “beneficiary as purchaser” pursuant to the requisites of RCW
10 61.24.070(2), with full authenticated, verified and verifiable accounting pursuant
11 to Generally Accepted Accounting Principles (GAAP) and Federal Accounting
12 Standards (FAS) provided by a competent witness with firsthand personal
13 knowledge stated under a verifiable sworn and notarized affidavit as true, correct,
14 and complete with unlimited commercial liability, evidencing a debt and amount
15 available for credit available to be applied towards a bid for the purchase of the
16 Property at trustee's sale, and, therefore, showing Plaintiff is a “purchaser” under
17 RCW 61.24.060, entitled to summary proceedings under RCW59.12. See RCW
18 61.24.060, RCW 61.24.070(2), RCW 61.24.040, RCW 61.24.030, RCW
19 59.12.032 and Exhibits A and B. Therefore, Defendants do not understand how
20 Plaintiff is a “Purchaser” under RCW 61.24.070, and, thus, entitled to possession
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of Defendants' Property, and/or summary proceedings provided by RCW 59.12
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under RCW 61.24.060.
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9) Defendants do reassert C(1)-(8), herein incorporated as if set forth in full, and
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Defendants do not understand how trustee could have lawfully issued a Trustee's
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Deed to Plaintiff, and absent Plaintiff's prior absolute proof as identified herein,
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the trustee's deed was not lawfully executed and the trustee did wrongfully
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convey, deliver, or otherwise issue a trustee's deed to Plaintiff.
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT -6 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 10) Defendants do reassert C(1)-(9), herein incorporated as if set forth in full, and
2 Defendants do not understand how trustee could have lawfully filed a Notice of
3 Trustee's Sale, and absent Plaintiff's prior absolute proof as identified herein, the
4 Notice of Trustee's Sale was not lawfully executed and the trustee did wrongfully
5 convey, deliver, or otherwise issue a trustee's deed to Plaintiff.
6 11) Defendants do reassert C(1)-(10), herein incorporated as if set forth in full, and
7 Defendants do not understand how trustee could have found that the “power of
8 sale” clause was operable as required by RCW 61.24.030 in order for a trustee to
9 issue a Notice of Trustee's Sale, and absent Plaintiff's prior absolute proof as
10 identified herein, the foreclosure was not lawfully executed and the trustee did
11 wrongfully convey, deliver, or otherwise issue a trustee's deed to Plaintiff.
12 12) Defendants do reassert A-B and all there sub-parts, herein incorporated as if set
13 forth in full, and Defendants do not understand how trustee could have complied
14 with its duty of good faith as required by RCW 61.24.010(4), and absent
15 Plaintiff's prior absolute proof as identified herein, the Trustee did violate RCW
16 61.24.010(4) and the trustee did wrongfully convey, deliver, or otherwise issue a
17 trustee's deed to Plaintiff. Plaintiff has not provided Defendants and/or this Court
18 with a sworn affidavit, made by the Trustee, under the penalty of perjury, of
19 Trustee's prior absolute proof that Trustee did review the terms and conditions of
20 the Deed of Trust for the Property, Trustee's prior absolute proof that Trustee did
21 receive prior absolute proof from Plaintiff of the amount of alleged monetary
22 obligation that Principle allegedly owed Plaintiff, that said amount was secured by
23 the deed of trust for the Property, and that the trustee did comply with the statutes
24 of RCW 61.24 and the terms and conditions of the deed of trust for the Property,
25 and absent Plaintiff's prior absolute proof as required herein that Plaintiff did
26 make a loan to Principle, if any, and that the loan was secured by the deed of trust
27 for the Property as required by RCW 61.24.040 and RCW 61.24030, and lawfully
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT -7 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 credited pursuant to RCW 61.24.070, then said sworn affidavit would be prima
2 facie evidence of perjury and at the very least prima facie evidence that there are
3 triable genuine material facts at issue.
4 (d) Defendants do reassert A-B and all their sub parts, herein incorporated as if set forth
5 in full, and Defendants do not understand how trustee could have complied with
6 RCW 61.24 and the terms and conditions of the deed of trust for the Property in order
7 to lawfully be able to issue a trustee's deed, a notice of trustee's sale, and/or a notice
8 of default, and absent prior absolute proof as stated herein, trustee did not comply
9 with RCW 61.24 and the terms and conditions of the deed of trust for the Property
10 and, therefore, trustee would have violated Washington State, RCW 19.86, Consumer
11 Protection Act and The Fair Debt Collections Practices Act, RCW 19.16.
12 (e) Defendants do reassert A-B and all their sub parts, herein incorporated as if set forth
13 in full, and Defendants do not understand Plaintiff's claim that Plaintiff is entitled to
14 Defendants' Property.
15 (f) Defendants do reassert A-B and all their sub parts, herein incorporated as if set forth
16 in full, and Defendants do not understand Plaintiff's claim that Plaintiff was vested
17 with title to the Defendants' Property.
18 (g) Defendants do reassert A-B and all their sub parts, herein incorporated as if set forth
19 in full, and Defendants do not understand under what standing and authority Plaintiff
20 is bringing this cause of action.
21 (h) Defendants do reassert A-B and all their sub parts, herein incorporated as if set forth
22 in full, and Defendants do not understand under what factual claims and legal
23 authority Plaintiff is claiming this Court has jurisdiction over the subject matter
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and/or Defendants, and absent Plaintiff's prior absolute proof or establishment of
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factual and legal authority, the Court does not have jurisdiction over the subject
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matter and/or Defendants.
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT -8 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 (i) Defendants do reassert A-B and all their sub parts, herein incorporated as if set forth
2 in full, and Defendants really do not understand under what authority Plaintiff is
3 claiming the Court has jurisdiction under RCW 59.18, as Defendants have never had
4 a lanlord-tenant relationship with Plaintiff, and absent the establishment of such legal
5 authority, the Court does not have jurisdiction pursuant to RCW 59.18.
6 (j) Defendants do reassert A-B and all their sub parts, herein incorporated as if set forth
7 in full, and Defendants do not understand under how Plaintiff could claim that it
8 complied with RCW 61.24.040 and 61.24.060, and said compliance is required by
9 RCW 59.12.032 in order to bring an unlawful detainer action that is a result of an
10 alleged trustee's sale.
11 6) Defendants do reassert A-B and all their sub parts, herein incorporated as if set forth in
12 full, and Defendants do not understand how Plaintiff can request this Court issue an order
13 that Defendants are “unlawfully detaining the Property”, absent Plaintiff's prior absolute
14 proof of standing as a “Purchaser”, right to claim possession and entitlement to the
15 summary proceedings provided by RCW 59.12 and that Plaintiff did comply with RCW
16 61.24.040 and 61.24.060, and as otherwise stated herein, the Court cannot lawfully
17 adjudge or otherwise issue an order that Defendants' are unlawfully detaining Defendants'
18 own Property.
19 7) Defendants do reassert A-B and all their sub parts, herein incorporated as if set forth in
20 full, and Defendants do not understand how Plaintiff can request this Court for damages
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against the Defendant for anything, absent Plaintiff's prior absolute proof of standing as a
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“Purchaser”, right to claim possession and entitlement to the summary proceedings
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provided by RCW 59.12 and that Plaintiff did comply with RCW 61.24.040 and
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61.24.060, and as otherwise stated herein, the Court cannot lawfully order and/or grant
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damages against Defendants.
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8) Defendants do reassert A-B and all their sub parts, herein incorporated as if set forth in
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full, and Defendants do not understand how Plaintiff can request a writ of restitution for
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT -9 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 the Court to “return” the Defendants Property to Plaintiff, absent Plaintiff's prior absolute
2 proof of standing as a “Purchaser”, right to claim possession and entitlement to the
3 summary proceedings provided by RCW 59.12, as stated herein, the Court cannot
4 lawfully deliver Defendants' Property to Plaintiff.
5 9) Defendants do reassert A-B and all their sub parts, herein incorporated as if set forth in
6 full, and Defendants do not understand how Plaintiff can request attorneys fees and/or
7 any other relief in favor of Plaintiff and against Defendants, absent Plaintiff's prior
8 absolute proof of standing as a “Purchaser”, the Court cannot lawfully grant such a prayer
9 for relief.
10 10) Defendants do not understand what standing, factual and legal basis Plaintiff's cause of
11 action is based, and absent pleadings sufficiently explicit for Defendants to understand
12 the cause of action against them, Defendants cannot defend themselves.
13 11) When there are properly executed affidavits that are directly conflicting on material
14 points, it is not possible for a judge to weigh the affidavits in order to resolve disputed
15 issues. Data Disc, Inc. v. Systems Tech Assocs., Inc., 557 F.2d 1280 (9th Cir. 1977).
16 12) Plaintiff has “failed to state a claim upon which relief can be granted” in accordance with
17 RCW 61.24.005, 61.24.060, 59.12.032, and Washington Rules of Evidence, and
18 Washington State CR 12(b)(6). See Complaint, and Defendants' Exhibits A and B.
19 13) In the absence of Plaintiff's prior absolute proof of claim and creditor status, with full
20 verified and verifiable equitable accounting pursuant to GAAP and FAS provided by a
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competent witness with firsthand personal knowledge of any alleged account stated under
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a verifiable sworn and notarized affidavit as true, correct, and complete with unlimited
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commercial liability, then this Affidavit and each and every point herein, stands
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uncontested and thereby any and all alleged claims by Plaintiff in this matter are
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inherently invalid and constitutes prima facie evidence of Plaintiff's bad faith, fraud,
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attempted fraud, theft, and/or attempted theft of the assets that legally and lawfully
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belong to Principal, which vitiates all interactions, claims, charges, contracts, and/or
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT - 10 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 grounds for any cause of action against Defendant. See RCW 61.24.060, RCW
2 61.24.070(2), RCW 61.24.040, RCW 61.24.030, RCW 59.12.032 and Exhibits A and B.
3 14) Even if Plaintiff were to subsequently file with this Court an oath, affidavit, or other
4 sworn declarations, they are gratuitous at best at this juncture, insufficient to rebut each
5 point of Defendants' Sworn Affidavits and at the very least prima facie evidence that
6 triable genuine material facts are at issue exist for the determination of a jury. Not only
7 would such submissions by Plaintiff be insufficient to rebut the points in Defendants
8 Sworn Affidavits, but they may be prima facie evidence that Plaintiff was as a matter of
9 law and a matter of fact a third party debt collector in violation of Washington's Fair Debt
10 Collection Practices Act, RCW 19.16, in violation of The Washington Consumer
11 Protections Act, RCW 19.86, and possibly perjury.
12 15) Each and every act done by Plaintiff, its agents, and/or the trustee, if found by this Court
13 to have violated Washington law, would be separate and individual violations of The
14 Washington Consumer Protections Act, RCW 19.86.
15 16) Each and every act done by Plaintiff, its agents, and/or the trustee, if found to have
16 violated Washington law, would be separate and individual violations of Washington's
17 Fair Debt Collection Practices Act, RCW 19.16
18 17) There is no documentary evidence and authority that the Plaintiff, or any other moving
19 party making a claim, is not subject to 26 USC § 6065 or the Washington State legal
20 equivalent, that all evidence of liability must be verified under penalty of perjury or
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testimonial oath, and evidence not so verified is excludable under the Washington State
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Hearsay Rules, or under other applicable Washington State laws and/or exemptions. See
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RCW 61.24.060, RCW 61.24.070(2), RCW 61.24.040, RCW 61.24.030, RCW 59.12.032
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and Sworn Affidavits.
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT - 11 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 III. PRAYER FOR RELIEF
2
3 WHEREFORE, Defendants pray for the following relief
4 A. Plaintiff has failed to prove standing by absence of filing prior absolute proof to
5 the Defendants and/or this Court that Plaintiff is/was a lawful purchaser of the
6 Property at a trustee's sale who is entitled to the summary proceedings provided
7 by RCW 59.12, under RCW 61.24.060(1), that it complied with RCW 61.24.040,
8 and 61.24.060, thus not meeting the requirement of RCW 59.12.032 in order to
9 bring forth a complaint for unlawful detainer, which would otherwise give this
10 Court jurisdiction over the matter and/or Defendants. THERFORE, this Court
11 should find and declare by written order as a matter of law, matter of fact,
12 and/or matter of public policy, and absent Plaintiff's prior absolute proof as
13 required to contest each point of Defendants' Sworn Affidavit, that: 1.) that
14 Plaintiff Bank is/was not a lawful purchaser of Property at trustee's sale, and thus
15 not entitled to the summary proceedings provided by RCW 59.12 under RCW
16 61.24.060 and dismiss this case for lack of standing; 2.) that Plaintiff did not
17 comply with RCW 61.24.040 and 61.24.060; 3.) No lawful mortgage existed
18 between Defendants and Plaintiff; 4.) Defendants have/had no legal obligations
19 and/or debts owing to Plaintiff regarding Property by absence of Plaintiff's prior
20 absolute proof of claim and creditor status, with full verified and verifiable
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accounting pursuant to GAAP provided by a competent witness with firsthand
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personal knowledge stated under a verifiable sworn and notarized affidavit as
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true, correct, and complete with unlimited commercial liability; 6.) The deed of
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trust for Property, is invalid, from its inception, as a matter of law; 7.) that
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Defendants did not/does not have a debt and or other obligation owning to
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Plaintiff that was secured by the deed of trust for the Property; 8.) that, absent
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proof that a loan existed pursuant to GAAP, Defendants did not default on any
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT - 12 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 alleged obligations and/or debts to Plaintiff; 9.) The foreclosure of Property,
2 was/is improper and/or illegal and therefore null and void and/or reversed; 10.)
3 any trustee's sale done by Trustee conveying the Property to Plaintiff, was/is
4 improper and/or illegal and therefore null and void and/or reversed; 11.) any
5 Trustee's Deed, made by Trustee conveying the Property to Plaintiff, was/is
6 improper and/or illegal and therefore null and void and/or reversed; 12.)
7 Defendants are the lawful owner of Property; and/or 13.) Plaintiff has no standing
8 and/or valid claim of interest and/or right to possession of Defendants' Property.
9 B. Furthermore, Defendants request a judgment for Plaintiff to pay all Defendant's
10 attorney's fees and costs for responding and/or court appearances in this action.
11 C. For such other relief as the Court deems reasonable and just.
12 D. For sanctions order and adjudged against Plaintiff under CR 11, and/or as this
13 Court may deem proper
14
15 CLARIFICATIONS
16
17 Headings are only for organizational purposes and are not intended, and should not be
18 relied upon as law, fact, defenses, assertions, and/or allegations made by Defendants,
19 through their attorney.
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DEMAND FOR JURY TRIAL
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In the instance where there are disputed matters of fact at issue, Plaintiffs demand trial by
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jury of all matters so triable as a matter of right pursuant to CR 39.
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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT - 13 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 VERIFICATION
2
3 Defendants, represented by their Attorney, Heather Ann Tucci-Jarraf, have read the foregoing
4 response and knows the contents thereof.
5
6 Dated: For and on behalf of Plaintiff's named alleged
7 Defendants identified above.
8
_________________________
9
10 Heather A. Tucci-Jarraf

11 Attorney at Law,

12 WSBA # 30281

13 8805 N. Harborview Dr., Suite 201

14 Gig Harbor, WA 98332

15 +253.509.4597 phone

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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT - 14 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone
1 Acknowledgment

2 State of Washington )

3 ) ss

4 County of Pierce )

5 On _______________, before me, ____________________________, notary public in and for Pierce

6 County, State of Washington, personally appeared Heather Ann Tucci-Jarraf, who proved to me on
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the basis of satisfactory evidence to be the party whose name is subscribed to the within instrument
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and acknowledges to me that Heather Ann Tucci-Jarraf, set forth the contents hereof in authorized
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capacity, and that by signing the instrument Heather Ann Tucci-Jarraf, hereby executes the
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11 instrument.

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I certify under penalty of perjury under the laws of the State of Washington that the foregoing
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paragraph is true and correct.
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15 Witness my hand and official seal: NOTARY PUBLIC SEAL
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____________________________________
17
NOTARY PUBLIC SIGNATURE
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19 My commission expires ________________

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DEFENDANTS AMENNDED RESPONSE Heather Ann Tucci-Jarraf
TO PLAINTIFF'S COMPLAINT - 15 Attorney at Law
8805 N. Harborview Dr., Suite 201
Gig Harbor, WA 98332
+253.509.4597 phone