Wells Fargo Bank N.A. v. Malmquist et al

Filing 37

ORDER GRANTING SUMMARY JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT SHAWN HIGHTOWER by Judge Robert J. Bryan.(DK)

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The Honorable Robert J. Bryan

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UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF WASHINGTON

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AT TACOMA

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WELLS FARGO BANK N.A., AS TRUSTEE
FOR WAMU MORTGAGE PASSTHROUGH CERTIFICATES SERIES 2006PR2 TRUST,

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Plaintiff, )
vs.
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JAMES G. MALMQUIST; LEONA M.
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MALMQUIST and SHAWN HIGHTOWER, )
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Defendants. )
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Case No. 3:14-cv-05709-RJB

ORDER GRANTING SUMMARY
JUDGMENT AND PERMANENT
INJUNCTION AGAINST DEFENDANT
SHAWN HIGHTOWER

Plaintiff Wells Fargo Bank, N.A., as trustee for the WaMu Mortgage Pass-Through

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Certificates Series 2006-PR2 Trust’s (“Wells Fargo”) brought the above-captioned lawsuit

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against Defendant Shawn Hightower, seeking to quiet title as against to the property described

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as Lots 39 and 40, Block 10, Second Bismark Addition, according to the plat recorded in Book 7

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of Plats, Page 71, in Pierce County, Washington; and located at 433 East 62nd Street, Tacoma,

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Washington (the “Property”), cancellation of several documents recorded by Shawn Hightower

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on the title to the Property, ejectment of Shawn Hightower and any other trespassers on the

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Property, and permanent injunctive relief enjoining Shawn Hightower from asserting a right or

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claim adverse to Wells Fargo’s interest in the Property. ECF No. 13.

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Case No.: 3:14-CV-05709-RJB
ORDER GRANTING SUMMARY JUDGMENT
AND PERMANENT INJUNCTION AGAINST
DEFENDANT SHAWN HIGHTOWER - 1

KEESAL, YOUNG & LOGAN
1301 FIFTH AVENUE, SUITE 3300
SEATTLE, WASHINGTON 98101
[phone]

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Pursuant to Federal Rule of Civil Procedure 65, the Local Rules of the Court, and having

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reviewed the submissions of the parties as described in the Court’s Order Granting Plaintiff

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Wells Fargo’s Motion for Summary Judgment and Permanent Injunction Against Defendant

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Shawn Hightower, and the files and records herein, it is hereby ORDERED, ADJUDGED AND

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DECREED that:

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1.

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Plaintiff’s motion for summary judgment and permanent injunction against

Defendant Shawn Hightower is hereby GRANTED.
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Shawn Hightower, and anyone claiming under or through him, has no estate,

right, title, lien, interest, or claim in or to the real property located at 433 East 62nd Street,

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Tacoma, Washington or any part thereof, and any such claim is hereby declared to be of no force

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or effect.

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3.

Plaintiff Wells Fargo is the fee simple owner of the Property.

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4.

Shawn Hightower, and anyone claiming under or through him, is permanently

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enjoined from asserting or claiming any right, title, or interest to or in the Property.
5.

Shawn Hightower, and anyone claiming under or through him, is permanently

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enjoined from recording any instruments, documents, or claims in Pierce County that would

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interfere, compromise, or cloud Wells Fargo’s title to the Property, or the title to the Property of

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anyone claiming under or through Wells Fargo.

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DATED this 14th day of August, 2015.

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A

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ROBERT J. BRYAN
United States District Judge

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Case No.: 3:14-CV-05709-RJB
ORDER GRANTING SUMMARY JUDGMENT
AND PERMANENT INJUNCTION AGAINST
DEFENDANT SHAWN HIGHTOWER - 2

KEESAL, YOUNG & LOGAN
1301 FIFTH AVENUE, SUITE 3300
SEATTLE, WASHINGTON 98101
[phone]