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The Office of the Comptroller of the Currency opened this case in response to the
Washington State Attorney Generals Office forwarding my original complaint to
their office.
Attached is a copy of your letter (minus the attachments; the forged “NOTE”, the
“pay off demand statement”, and the “deed of trust”), and also attached is The
Comptroller of the Currency’s letters.
This letter is provided to confirm your lack of response in resolving these standing
issues and your negligence in providing any necessary documents and information
to prove your alleged standing of your claim on our property.
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Because you have neglected your duty in providing specific information, and
documents within the time requirements from the original request to prove your
legal standing in this debt, I had no other options available to remedy these issues.
Therefore your negligence to respond and provide the required info will be used as
added evidence against you in civil and criminal actions.
In your letter, your attempt to provide the “verification of the debt” has failed to
adequately and lawfully fulfill the proper requirements necessary to verify the debt
and your standing in regards to the loan(s) pursuant 12 U.S.C. Section 2605(e).
Your response included no evidence of debt, only hearsay. You have not provided
the date the NOTE was sold and the documents regarding this transaction. You
provided no servicing agreement from the time the NOTE was sold before and
after you acted as “the loan servicer” pursuant 12 USC § 2605 (b)(2), but only
referred to your “internal servicing systems, as well as MERS”. This action is
viewed as an attempt to circumvent your duties in this matter, and is not sufficient.
Your letter only provided unverified statements in regards to the current alleged
owner and holder of the NOTE and the alleged loan servicer. Furthermore a loan
servicer is not the holder of the note in due course which is the requirement of the
beneficiary pursuant RCW 61.24.005, and 75 FR 58501(a)(1) “a servicer of a
mortgage loan shall not be treated as the owner of the obligation.”
When a note is sold the lender no longer controls it, and when it is securitized it is
no longer a loan, or under the rules of a negotiable instrument. The rules that
govern a stock are completely different and can have multiple owners including
the citizens of the United States through the taxpayer bail outs the TARP program
etc. I believe you’re aware of these facts although your actions indicate differently.
Your corporation, and your subsidiaries are not nor have ever provided any proof
of having the legal standing to foreclose, or otherwise.
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In response to your non compliance in verifying the alleged debt, I have filed a
law suit, and a Notice of Lis Pendant to protect my rights as the only “real party in
interest” of our property. I filed the action in the Washington State Stevens County
Court; the case number is 2010-2-00596-8. The case has been removed to the
federal court in the United States District Court Eastern District Of Washington At
Spokane under case number 2:10-cv-00446-RMP.
Your subsidiary Recontrust Co. has since caused more damage to us by executing
a news paper ad in our local news paper listing our property in a false trustee sale
and causing significant damage to our reputation and standing in our community.
I do request a written apology and retraction for this ad to be printed on the front
page of all news papers your libel was printed in. This will help to heal our
community standing, and reputation; I will file a complaint and pursue a legal
remedy for this if there is no immediate action taken.
Your subsidiary has also sent as attachments to the notice of trustees sale more
forgeries of the NOTE. Most of the envelopes are still unopened as there was
about 20 of these delivered upon us.
Your subsidiary BAC Home Loans Servicing LP FKA Countrywide Home Loans
Servicing LP, is fraudulently listed as beneficiary in a Corporation Assignment Of
The Deed Of Trust, recorded in The Stevens County Recorders Office under file#
2012 0007024. In addition this Corporation Assignment of the Deed of Trust is
facially defective, as the notary is stamped three days after it was signed.
I demand you and your subsidiaries release all illegal liens, claims and recordings
on my property at the Stevens County Recorders Office in Washington, and else
where.
Copies of this letter may be sent to FTC, DFI, HUD, all relevant state and federal
regulators; and my congressman if there are any further delays in this matter to
resolve and settled it in full.
You, the corporation you preside over and its subsidiaries, have no legal right to
appear in this civil action pursuant Fed. R. Civ. P. 17 (a).
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I will continue to pursue these actions until an adequate remedy is rendered
for these matters.
It is my hope that you will come to terms with these issues and offer a legitimate
correction for all abuses, libel, forgeries, schemes, and fraud uncovered and
documented.
Sincerely,
________________________________
Samuel Salmon
917C Philpott Road
Colville, Washington 99114
Telephone: 509-684-8841
Email: srslunop@gmail.com
CC:
The Comptroller of the Currency
Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, Texas 77010-9050
Copies of this letter will be sent to the following recipients and others if no
sufficient response is received within 15 business days:
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Office of RESPA and Interstate Land Sales Office of Housing, Room 9146
US Department of Housing and Urban Development
451 Seventh Street, SW
Washington, DC 20410
Fannie Mae
1000 Brickell Avenue
Suite 600
Miami, Florida 33131
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Letter from the CEO and President’s
Office at Bank of America
Corporation
Regarding the Note’s Holder
and Servicing Agreement
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COMPTROLLER OF THE CURRENCY
CASE # 01306002 LETTERS
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