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Hooker v Northwest Trustee DEFs Declaration 14 Oct 2010

Hooker v Northwest Trustee DEFs Declaration 14 Oct 2010

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The is the declaration of the defendant's counsel (Stephen P. McCarthy) in support of the defendant's motion to dismiss in the case Hooker v. Northwest Trustee Services, Inc. et al, Case No. 10-3111, a matter decided by the U.S. District Court for the District of Oregon. The defendants removed this case from Oregon State Court to U.S. District Court and then sought to have the case dismissed. This motion was filed on October 14, 2010, and is posted separately. The declaration was used for the admission of several documents into evidence, including an appointment of substitute trustee, a rescission of notice of default and a new notice of default. The Judge found for the Plaintiffs Ivan and Katherine Hooker on May 25, 2011.
The is the declaration of the defendant's counsel (Stephen P. McCarthy) in support of the defendant's motion to dismiss in the case Hooker v. Northwest Trustee Services, Inc. et al, Case No. 10-3111, a matter decided by the U.S. District Court for the District of Oregon. The defendants removed this case from Oregon State Court to U.S. District Court and then sought to have the case dismissed. This motion was filed on October 14, 2010, and is posted separately. The declaration was used for the admission of several documents into evidence, including an appointment of substitute trustee, a rescission of notice of default and a new notice of default. The Judge found for the Plaintiffs Ivan and Katherine Hooker on May 25, 2011.

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Published by: William A. Roper Jr. on May 27, 2011
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10/04/2013

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707220.0017/880709.1
PAGE 1-DECLARATION OF STEPHEN P. MCCARTHY IN SUPPORT OF REQUESTFOR JUDICIAL NOTICE
LANEPOWELL
PC
601 SW SECOND AVENUE, SUITE 2100
PORTLAND, OREGON 97204-3158503.778.2100 FAX: 503.778.2200
Stephen P. McCarthy
, OSB No. 894152mccarthys@lanepowell.com
Pilar C. French
, OSB No. 962880frenchp@lanepowell.com
LANE POWELL
PC
601 SW Second Avenue, Suite 2100Portland, Oregon 97204-3158Telephone: 503.778.2100Facsimile: 503.778.2200Attorneys for Defendants Bank of America, NA, andMortgage Electronic Registration Systems, Inc.UNITED STATES DISTRICT COURTDISTRICT OF OREGONMEDFORD DIVISION
IVAN HOOKER and KATHERINEHOOKER,
Plaintiffs,v.
NORTHWEST TRUSTEE SERVICES,INC.; BANK OF AMERICA, NA;MORTGAGE ELECTRONICREGISTRATION SYSTEMS, INC.,
Defendants.Case No. 10-CV-3111-PADECLARATION OF STEPHEN P.MCCARTHY IN SUPPORT OF REQUESTFOR JUDICIAL NOTICEI, Stephen P. McCarthy, declare and state:1.I am a member of Lane Powell PC, attorneys of record for defendants Bank of America and Mortgage Electronic Registration Systems, Inc. I am knowledgeable about facts setforth herein and make this declaration in support of Request to Take Judicial Notice bydefendants Bank of America, NA and Mortgage Electronic Registration Systems, Inc.
Case 1:10-cv-03111-PA Document 7 Filed 10/14/10 Page 1 of 2 Page ID#: 62
 
707220.0017/880709.1
PAGE 2-DECLARATION OF STEPHEN P. MCCARTHY IN SUPPORT OF REQUESTFOR JUDICIAL NOTICE
LANEPOWELL
PC
601 SW SECOND AVENUE, SUITE 2100
PORTLAND, OREGON 97204-3158503.778.2100 FAX: 503.778.2200
2.Attached hereto as Exhibit 1 is a copy of the Rescission of Notice of Defaultrecorded September 20, 2010 in the official records of Jackson County as Record No. 2010-031346.3.Attached hereto as Exhibit 2 is a copy of the Appointment of Successor Trusteerecorded September 20, 2010 in the official records of Jackson County as Record No. 2010-031347.4.Attached hereto as Exhibit 3 is a copy of the Notice of Default and Election toSell recorded September 20, 2010 in the official records of Jackson County as Record No. 2010-031348.Pursuant to 28 U.S.C. §1746, I declare under penalty of perjury that the foregoing is trueand correct.DATED: October 14, 2010LANE POWELL
PC
Bys/ Stephen P. McCarthyStephen P. McCarthy, OSB No. 894152Pilar C. French, OSB No. 962880Telephone: 503.778.2100Attorneys for Defendants Bank of America, NA,and Mortgage Electronic Registration Systems, Inc.
Case 1:10-cv-03111-PA Document 7 Filed 10/14/10 Page 2 of 2 Page ID#: 63
 
t OO'2:ô'B 300
Jackson County Official Records 201 0 -031346
R-RND
Stn=l HELMANCD 09/20/201012:32:12 PM
$5.00 $10.00 $5.00 $11.00 $15.00 $46.00
Rescission of Notice of Default
Re: Trust Deed from
rVAN E. HOOKER, KATHERINE J.GrantorHOOKER
ToNorthwest Trustee Services, Inc.
Trustee
After Retordlni Retum to
Attn: Kathy Taiiart
Northwest Trustee ServlteS,lnt.
P.O. Bol997
Bellevue. W A 98009.0997
I, Christine Walker, County Clerkor Jackson County, Oregon, certify
that the Instrument Identified herein was recorded In the Clerk records.
Christine Walker. County Clerk
Reference is made to that certain trust deed dated 11117/05 in which IVAN E. HOOKER, KATHERINE 1. HOOKER was grantor,Regional Tnistee Services Corporation was trustee and Mortgage Electronic Registration Systems, Inc. solely as nominee for GN MORTGAGE, LLC
was beneficiary and recorded 11123/05, as 2005-071547 of
the mortgage records of JACKSON County, Oregon. The trust deed conveyed to the
trustee the following real property situated in said county:As described in said Trust DeedA notice of grantor's default under said trust deed, containing the beneficiary's or trustee's election to seH aH or pan of the above describedreal property to satisfy grantor's obligations secured by the trust deed was recorded 05/07/2010, in the mortgage records of JACKSON County, as
20 i 0-0 14402.
NOW, THEREFORE, notice hereby is given that the undersigned trustee does hereby rescind, cancel and withdraw the notice of default
and election to seH. It being understood, however, that this rescission shall not be construed as waiving or affecting any breach or default-past,
present or future-under the trust deed or as impairing any right or remedy thereunder, or as modifying or altering in any respect any of the terms,
covenants, conditions or obligations thereof, but is and shall be deemed to be only an election without prejudice,' t til causi: a sale to be made
pursuant to the notice so recorded. /
IN WITNESS WHEREOF, the undersigned trustee has executed this document; ift -unders.igned'
to be signed and seal affixed by an officer duly authorized thereto by ordcr of its Board 0 ectors-:
Dated: September 16,2010
used its name
Northwest Trustee Services. nc., Trustce
Northwest Trustee Services, Inc. is successor by
merger to Northwest Trustee Services, PLLC
(formerly known as Northwest Trustee Services,
LLC)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Kathy Taggart is the person who appeared before me, and said person acknowledged
that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as an Assistant Vice President
of
Northwest Trustee Services, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.",""", ~ \ ",i.-It;, co, ~ :=i
NOTAR ICl~
Washington, residing at
My commission expires ~
File
Number:
7023.73090
BRIAN C. PHAM
STATE OF WASHINGTON
NOTARY PUBLIC
MY COMMISSION EXPIRES
12-28-12
EXHIBIT \
PAGE \
Case 1:10-cv-03111-PA Document 7-1 Filed 10/14/10 Page 1 of 6 Page ID#: 64

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