Scott Harvey Vs Garbett Mortgage, LLC, CitiBank FSB, Integrated Title Services, MERS, First American Title Company - Complaint Action For Quiet Title Utah Third Judicial District
In The Third Judicial District Salt Lake County, Scott Matheson Courthouse, State of Utah
COMPLAINT ACTION FOR QUIET TITLE Case no. 100907587
Scott Harvey,
Plaintiff
v
Garbett Mortgage, LLC, CitiBank FSB, Integrated Title Services, MERS, FIrst Amercan Title Company, John and Jane Does 1 - 10
Defendants
Plaintiff complains as follows:
Parties
1. Scott Harvey is the owner of property located at 14755 Grand Ridgeline Draper, UT 84020 Identified by Tax ID Number 24-07-331-004 ("Property"). The legal description of the Property is attached and marked as Exhibit "A".
2. Garbett Mortgage, LLC is the beniciary of a trust deed against the property ("Garbett trust deed.")
3.The Garbett trust deed and further identified as Document No. 941289, Book 9148, Page 8789-8803.
4. Intergrated Title Services is the trusttee of the Garbett trust deed.
5. Citibabnk, FSB is the beneficairy of a trust deed recorded against the Proprty ("Citi trust deed.")
6. The Citi trust deed was recorded on June 27, 2006, as entry number 976501, book/page 9313/6923.
7. Tirst American Title Company is the trustee of the Citi trust deed.
8. Mortgage Electronic Registry Service ("MERS") is the nominee of both trust deeds.
Facts
9. On information and beleif, neither Garbett Mortgage nor Citibank FSB has any interest in the foregoing notes, trust deeds, or Property.
10. MERS has been assigned the trust deeds and is holding them seperate from the note.
11. MERS has absolutely no interest in the note or the property.
12. MERS is a tax evasion broker which has deprived local governments of essential funds by collecting fees otherwise necessary to properly record trust deeds and assignments of the same.
13. Salt Lake County Recorder, Gary Ott described MERS as potentially "the scam from hell."
14. Essentially, because the relevant notes were assigned to different parties while the relevant trust deeds were assigned to MERS, a split of the note and trust deed has occurred and therefore the latter is a nullity.
First cause of action - quiet title
15. The foregoing paragraphs are incorporated into this quiet title cause of action.
16. Pursuant to Utah Code Annotated 78B-6-1303, plaintiff will record a lis pendens shortly after obtaining a case number from the court clerk.
17. Because the Garbett trust deed has been split from the note the former is a nullity and should be stricken from the chain of title.
18. Because the Citi trust deed has been split from the note the former is a nullity and should be stricken from the chain of title.
Prayer
Plaintiff prays that the Garbett trust deed and Citi trust deed be declared nullities by this Court and in order noting the same recorded with the Salt Lake recorder's offfice and such other action as this Court deems just.
RULING
This matter coming to be heard on palitiff's unnopposed motion for summary judgment, the Court being fully informed and having considered the papers and arguments before the [sic] hereby ruls as follows:
1. Plaintiff's motion for summary judgment is GRANTED.
2. The court finds that no opposition has been filed to plaintiff's motion for summary judgment.
3. All defendants have either been dismissed or failed to appear after effective service.
8/30/2010
Original Title
Scott Harvey vs Garbett Mortgage, LLC, CitiBank FSB, Integrated Title Services, MERS, First American Title Company - Complaint Action for Quiet Title Utah Third Judicial District
In The Third Judicial District Salt Lake County, Scott Matheson Courthouse, State of Utah
COMPLAINT ACTION FOR QUIET TITLE Case no. 100907587
Scott Harvey,
Plaintiff
v
Garbett Mortgage, LLC, CitiBank FSB, Integrated Title Services, MERS, FIrst Amercan Title Company, John and Jane Does 1 - 10
Defendants
Plaintiff complains as follows:
Parties
1. Scott Harvey is the owner of property located at 14755 Grand Ridgeline Draper, UT 84020 Identified by Tax ID Number 24-07-331-004 ("Property"). The legal description of the Property is attached and marked as Exhibit "A".
2. Garbett Mortgage, LLC is the beniciary of a trust deed against the property ("Garbett trust deed.")
3.The Garbett trust deed and further identified as Document No. 941289, Book 9148, Page 8789-8803.
4. Intergrated Title Services is the trusttee of the Garbett trust deed.
5. Citibabnk, FSB is the beneficairy of a trust deed recorded against the Proprty ("Citi trust deed.")
6. The Citi trust deed was recorded on June 27, 2006, as entry number 976501, book/page 9313/6923.
7. Tirst American Title Company is the trustee of the Citi trust deed.
8. Mortgage Electronic Registry Service ("MERS") is the nominee of both trust deeds.
Facts
9. On information and beleif, neither Garbett Mortgage nor Citibank FSB has any interest in the foregoing notes, trust deeds, or Property.
10. MERS has been assigned the trust deeds and is holding them seperate from the note.
11. MERS has absolutely no interest in the note or the property.
12. MERS is a tax evasion broker which has deprived local governments of essential funds by collecting fees otherwise necessary to properly record trust deeds and assignments of the same.
13. Salt Lake County Recorder, Gary Ott described MERS as potentially "the scam from hell."
14. Essentially, because the relevant notes were assigned to different parties while the relevant trust deeds were assigned to MERS, a split of the note and trust deed has occurred and therefore the latter is a nullity.
First cause of action - quiet title
15. The foregoing paragraphs are incorporated into this quiet title cause of action.
16. Pursuant to Utah Code Annotated 78B-6-1303, plaintiff will record a lis pendens shortly after obtaining a case number from the court clerk.
17. Because the Garbett trust deed has been split from the note the former is a nullity and should be stricken from the chain of title.
18. Because the Citi trust deed has been split from the note the former is a nullity and should be stricken from the chain of title.
Prayer
Plaintiff prays that the Garbett trust deed and Citi trust deed be declared nullities by this Court and in order noting the same recorded with the Salt Lake recorder's offfice and such other action as this Court deems just.
RULING
This matter coming to be heard on palitiff's unnopposed motion for summary judgment, the Court being fully informed and having considered the papers and arguments before the [sic] hereby ruls as follows:
1. Plaintiff's motion for summary judgment is GRANTED.
2. The court finds that no opposition has been filed to plaintiff's motion for summary judgment.
3. All defendants have either been dismissed or failed to appear after effective service.
8/30/2010
Scott Harvey Vs Garbett Mortgage, LLC, CitiBank FSB, Integrated Title Services, MERS, First American Title Company - Complaint Action For Quiet Title Utah Third Judicial District
In The Third Judicial District Salt Lake County, Scott Matheson Courthouse, State of Utah
COMPLAINT ACTION FOR QUIET TITLE Case no. 100907587
Scott Harvey,
Plaintiff
v
Garbett Mortgage, LLC, CitiBank FSB, Integrated Title Services, MERS, FIrst Amercan Title Company, John and Jane Does 1 - 10
Defendants
Plaintiff complains as follows:
Parties
1. Scott Harvey is the owner of property located at 14755 Grand Ridgeline Draper, UT 84020 Identified by Tax ID Number 24-07-331-004 ("Property"). The legal description of the Property is attached and marked as Exhibit "A".
2. Garbett Mortgage, LLC is the beniciary of a trust deed against the property ("Garbett trust deed.")
3.The Garbett trust deed and further identified as Document No. 941289, Book 9148, Page 8789-8803.
4. Intergrated Title Services is the trusttee of the Garbett trust deed.
5. Citibabnk, FSB is the beneficairy of a trust deed recorded against the Proprty ("Citi trust deed.")
6. The Citi trust deed was recorded on June 27, 2006, as entry number 976501, book/page 9313/6923.
7. Tirst American Title Company is the trustee of the Citi trust deed.
8. Mortgage Electronic Registry Service ("MERS") is the nominee of both trust deeds.
Facts
9. On information and beleif, neither Garbett Mortgage nor Citibank FSB has any interest in the foregoing notes, trust deeds, or Property.
10. MERS has been assigned the trust deeds and is holding them seperate from the note.
11. MERS has absolutely no interest in the note or the property.
12. MERS is a tax evasion broker which has deprived local governments of essential funds by collecting fees otherwise necessary to properly record trust deeds and assignments of the same.
13. Salt Lake County Recorder, Gary Ott described MERS as potentially "the scam from hell."
14. Essentially, because the relevant notes were assigned to different parties while the relevant trust deeds were assigned to MERS, a split of the note and trust deed has occurred and therefore the latter is a nullity.
First cause of action - quiet title
15. The foregoing paragraphs are incorporated into this quiet title cause of action.
16. Pursuant to Utah Code Annotated 78B-6-1303, plaintiff will record a lis pendens shortly after obtaining a case number from the court clerk.
17. Because the Garbett trust deed has been split from the note the former is a nullity and should be stricken from the chain of title.
18. Because the Citi trust deed has been split from the note the former is a nullity and should be stricken from the chain of title.
Prayer
Plaintiff prays that the Garbett trust deed and Citi trust deed be declared nullities by this Court and in order noting the same recorded with the Salt Lake recorder's offfice and such other action as this Court deems just.
RULING
This matter coming to be heard on palitiff's unnopposed motion for summary judgment, the Court being fully informed and having considered the papers and arguments before the [sic] hereby ruls as follows:
1. Plaintiff's motion for summary judgment is GRANTED.
2. The court finds that no opposition has been filed to plaintiff's motion for summary judgment.
3. All defendants have either been dismissed or failed to appear after effective service.
8/30/2010