McCarty et al v. U.S. Bank National Association

Filing 65

ORDER granting 57 Defendant U.S. Bank's Motion for Summary Judgment and for Final Judgment Quieting Title and Canceling Lis Pendens, signed by Judge Ronald B. Leighton.(DN) Modified on 6/12/2012 (DN). (cc to pltf Sheryl McCarty)

1

Hon. Ronald B. Leighton

2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

7
8

JERRY R. McCARTY and SHERYL
McCARTY,

9
Plaintiffs,
10
v.
11
12

NO. C11-05078 RBL
ORDER GRANTING U.S. BANK’S
MOTION FOR SUMMARY
JUDGMENT AND FOR FINAL
JUDGMENT QUIETING TITLE AND
CANCELING LIS PENDENS

U.S. BANK, N.A. as Trustee for Chevy Chase
Funding LLC Mortgage Backed Certificates
Series 2006-2,

13
Defendant.
14
15
THIS MATTER having come before the Court on a Motion for Summary Judgment
16
and for Final Judgment Quieting Title and Canceling Lis Pendens brought by defendant U.S.
17
Bank, N.A. as Trustee for Chevy Chase Funding LLC Mortgage Backed Certificates Series
18
2006-2 (“U.S. Bank”), and the Court having reviewed the materials submitted in support of and
19
in opposition to the motion, the Court finds that no genuine dispute exists as to the following
20
facts:
21
1.

The subject of the above-captioned matter is a residence located at 16923

22
Brasher Lane Southeast in Rainier, Thurston County, Washington, described legally as:
23
24
25

LOT 3 OF THURSTON COUNTY LARGE LOT SUBDIVISION NO.
LLS990756TC AS RECORDED APRIL 10, 2001 UNDER AUDITOR’S FILE
NOS. 3345559 AND 3345560, RECORDS OF THURSTON COUNTY,
WASHINGTON
ORDER GRANTING U.S. BANK’S MOTION FOR SUMMARY
JUDGMENT AND FOR FINAL JUDGMENT QUIETING TITLE
AND CANCELING LIS PENDENS - 1
(C11-5078RBL)
3440497.1

Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

1
(the “Property”);
2
2.

U.S. Bank holds title to the Property by a Trustee’s Deed Upon Sale recorded on

3
November 2, 2011 under Thurston County Auditor’s File Number (“AFN”) 4236097;
4
3.

Plaintiffs caused to be recorded a document entitled “AFFIDAVIT AND

5
MEMORANDUM OF INTEREST IN REAL PROPERTY” under AFN 4248324 (the
6
“Affidavit”);
7
4.

Plaintiffs caused to be recorded a document entitled “Acknowledgement of

8
Acceptance of Grant Deed” under AFN 4257254 (the “Acknowledgement”);
9
5.

Plaintiffs have offered no valid reason for recording the Affidavit and the

10
Acknowledgement and it appears they were recorded for no other purpose but to cloud the title
11
to the Property and to prevent or delay their eviction from the Property.
12
Therefore, the Court concludes that the Affidavit and the Acknowledgement are both
13
invalid and unenforceable, and do not create any right, title, or interest in or to the Property.
14
Plaintiffs do not possess any other valid, enforceable right, title, or interest in or to the
15
Property. Now, therefore, it is hereby
16
ORDERED that U.S. Bank’s Motion for Summary Judgment and for Final Judgment
17
Quieting Title and Canceling Lis Pendens is GRANTED. It is further
18
ORDERED that U.S. Bank is entitled to the entry of a final judgment quieting title to
19
the Property in U.S. Bank and canceling the lis pendens recorded by plaintiffs on January 27,
20
2011 under AFN 4195394.
21
22
23
24
25
ORDER GRANTING U.S. BANK’S MOTION FOR SUMMARY
JUDGMENT AND FOR FINAL JUDGMENT QUIETING TITLE
AND CANCELING LIS PENDENS - 2
(C11-5078RBL)
3440497.1

Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

1
2
3

The Clerk of the Court is directed to forward copies of the Order to counsel of record
and to any party appearing pro se.
DATED this 12th day of June, 2012.

4

A

5
6

Ronald B. Leighton
United States District Judge

7
8
9

PRESENTED BY:

10
11
12
13
14
15
16

s/John A. Knox, WSBA #12707
Marshall Ferguson, WSBA #29528
Attorneys for Plaintiff U.S. Bank, N.A. as Trustee
for Chevy Chase Funding LLC Mortgage Backed
Certificates Series 2006-2
WILLIAMS, KASTNER & GIBBS PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
Telephone: [phone]
Fax: [phone]
Email: [e-mail];
[e-mail]

17
18
19
20
21
22
23
24
25
ORDER GRANTING U.S. BANK’S MOTION FOR SUMMARY
JUDGMENT AND FOR FINAL JUDGMENT QUIETING TITLE
AND CANCELING LIS PENDENS - 3
(C11-5078RBL)
3440497.1

Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]