Full text
. . Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 1 of 183
Jason J. Henderson
MACKOFF KELLOGG LAW FI&v1
38 Second Ave E
Dickinson, ND 5860 I
(701) 227-1841
Attorney for Plaintiff
MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY
LSF8 Master Participation Trust , )
) Cause No. DV-18-263
Plaintiff, )
) SUMMONS J;'OR PUBLICATION
vs. )
)
DEBORAH KIM CHRISTOPHER
John P. Stokes and Pamela J. Stokes and any )
person in possession, )
)
Defendants. )
THE STATE OF MONTANA TO THE ABOVE NAMED DEFENDANT, PAMELA J.
STOKES:
· You are hereby summoned to answer the Complaint in this action, which is filed in the
office of the Clerk of this Court, a copy of which is herewith served upon you, and to file your
Answer and serve a copy thereof upon the Plaintiff's attorney within twcntywone (21) days after
the service of this Summons, exclusive of the day of service; and in case of your failw-e to appear
or Answer, Judgment will be taken against you by default for the relief demanded in the
Complaint.
This action relates to an eviction and subsequent possession upon the following described real
property in the County of Lake:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
(N l/2SW1/4SE1/4) OF SECTION 12, TOWNSHIP 26 NORTH, RANGE 19 WEST, P.M.M.,
LAKE COUNTY, MONTANA.
SUBJECT TO AND TOGETHER WITH A 60-FOOTPRIVATE ROAD AND UTILITY
EASEMENT WITH A 50-FOOT RADIUS CUL~DE-SAC AS INDICATED ON CERTIFICATE
OF SURVEY NUMBER 5068.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 2 of 183
WITNESS my hand and seal of said Court, this Dated this
\ \ 1 I• : '
J'/ day of November 20 l 8.
\ \ \ I i '
(SE~~)9:!rraif:~OURT)
'~':' "'s,,1,-,, ',• · •. '
5)·· ,, . ' '
j::: :·
Dat\\~~~f!lf..f\1i~·:2°.th day of November 2018.
", •,Urv-,.·., . .-· . •
LYN FRICKER
•
·, .,., ' . . ·····:. •' <.-·
11
Macko:ff Kellogg Law Ftrm
., ,, u, "" ;·;,, \ · · Attorneys for Plaintiff
38 2nd Ave E
D
as n J. Henderson
At rney for the Plaintiff
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 3 of 183
Jason J Henderson
MACKOFF KELLOGG LAW FIRJ.\1
38 Second Ave E
Dickinson, ND 58601
(701) 227-1841
Attorney for Plaintiff
MO~TANA TWEl\TIETH JUDICIAL DISTRICT COURT, LAKE COUNTY
LSF8 Master Participation Trust, )
)
Plaintiff, ) COMPLAINT
)
vs. ) Civil Case:
)
----
John P. Stokes and Pamela J. Stokes and any person in )
possession, )
)
Defendants. )
Plaintiff, for its claim against John P. Stokes and Pamela J. Stokes alleges as follows:
1. The purchaser of the subject property at the Trustee's Sale held pursuant to the
Small Tract Financing Act of Montana on August 18, 2016 was LSF8 Master Participation Trust.
The Trustee's Deed was recorded on August 19, 2016. A true and correct copy is hereto attached
as Exhibit "A".
(Nl/2SW1/4SE1/4) OF SECTION 12, TOWNSHIP 26 NORTH, RANGE 19 WEST,
P.M.M., LAKE COUNTY, MONTANA. SUBJECT TO AND TOGETHER WITH A 60-FOOT
PRIVATE ROAD AND UTILITY EASEMENT WITH A SO-FOOT RADIUS CUL-DE-SAC AS
INDICATED ON CERTIFICATE OF SURVEY NUMBER 5068.
2. Plaintiff was entitled to possession of the above-entitled property on August 28,
2016 the tenth day following the aforementioned sale, pursuant to §71-1-319, MCA.
3. Jolm P. Stokes and Pamela J. Stokes' interest in the above-described property is
not prior to the Trust Indenture which was foreclosed and pursuant to which the Trustee's Sale
was held.
1
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 4 of 183
4. John P. Stokes and Pamela J. Stokes were in possession of the above-described
property at the time of the Trustee's Sale and remained in possession after the tenth day after the
Trustee's Sale.
5. As a result, John P. Stokes and Pamela J. Stokes became a tenant-at-will pursuant
to §71-1-319,MCA.
6. On May 29, 2018, pursuant to §70-27-104, MCA, Plaintiff caused to be served on
John P. Stokes and Pamela J. Stokes' notice that the tenancy under which John P. Stokes and
Pmnela J. Stokes had possession of the above-described premises would tenninate as of
midnight on June 28, 2018 and that John P. Stokes and Pamela J. Stokes required to quit and
deliver up possession of the same to Plaintiff on or before said date. A true and correct copy
Notice to Quit and the original Certificate of Service are hereto attached as Exhibit "B", "C",
"D" and "E" respectively.
7. That John P. Stokes and Pamela J. Stokes held over and continued in possession
after June 28, 2018 without permission of Plaintiff and after termination of the tenancy-at-will.
8. That on July 6, 2018 Plaintiff caused to be served on Jolrn P. Stokes and Pamela J.
Stokes notice that in case of John P. Stokes and Pamela J. Stokes' failure to vacate the premises
within three days from the date of service of said notice, Plaintiff would institute an action for
possession of the premises and for three times the rent due during the time John P. Stokes and
Paine la J. Stokes continued in possession and for damages for the detention thereof and for any
waste committed thereon, and such other damages as are allowed by law, and for three times the
amount of actual damages assessed. The original Notice to Quit and Certificate of Service are
hereto attached as Exhibits "F", "G" and "H".
2
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 5 of 183
9. That John P. Stokes and Pamela J. Stokes held over and continue to hold over
and continue in possession of said premises ·without permission of Plaintiff.
I 0. This Court has jurisdiction over this matter as the subject property is located in its
county, and pursuant to M.C.A. § 25-31-101, this Court has jurisdiction over unlawful detainer
actions.
WHEREFORE, Plaintiff prays for Judgment against John P. Stokes and Pamela J. Stokes
as follows:
1. For possession of the above-described premises;
2. For such other and further relief as the Court may deem equitable and just.
Dated this this 29th day of October, 2018.
Mackoff Kellogg L.aw Firm
38 2nd Ave E
D 8601
ason J Henderson
ontana Bar Number 11880
Subscribed and sworn to before me thi 29th day of October, 2018.
lBICIAJO£RN
·~o!af. Public
State· of ~orth Dakota
/--2-
Tricia Joern, Notary 1c
My Commission Expires May 10, ~ Stark County, North Dakota
My Commission Expires: 05/10/2022
Naiman v. Stokes 105585-1
3
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 6 of 183
. STATE OF MONTANA.1. COUNTY OF LAKE
Recorded 08/19/2016 lv:50
Mlcrofllm 549930 Paula A. Holle Recorder
Fees $21 .00 by JM Deputy
After Recording Return To:
Title Financial Specialty Services
Attention: Foreclosure Department
P.O. Box339
Blackfoot ID 83221
? 7 (p-;;){5'7 I s -zq n~ vmes,
TRUSTEE'S DEED
This Deed, made August l 8, 2016 from First American Title Company of Montana, Inc.,
Successor Trustee, of 580 Jensen Grove Drive, Blackfoot, ID 83221, to LSFS Master
Participation Trust, Grantee, with its principal office at SPOC Department, 3701 Regent Blvd,
Irving, TX 75063.
WITNESSETH:
WHEREAS, John P. Stokes and Pamela J. Stokes executed a Trust Indenture conveying
the real property hereinafter described to Mark E. Noennlg to secure an obligation owed to
WMC Mortgage Corp. said Trust [ndenture dated on July 13, 1998, and recorded on July 17,
1998 as Document No. 391599.
WHEREAS, LSF8 Master Participation Trust, the current beneficiary. thereafter
appointed and substituted the undersigned as successor trustee by Substitution of Trustee
recorded June 25, 201.5, under Document No 542084.
WHEREAS, thereafter the Grantor in said Trust Indenture defaulted in the performance
of the obligation secured thereby by failing to pay the monthly installments beginning May l,
2009 and each and every month thereafter, and that because of said default, the Trustee and
·Beneficiary elected to sell the property therclnafter described to satisfy the obligation; and
WHEREAS, a Notice ofTrustee's Sale was filed and recorded in the office of the Clerk
and Recorder of La.Ice County, Montana, on March 9, 2016, as Document No. S46965 setting
said sale for July 19, 2016 at 11 :00 o'clockA.M., at the North Entrance to the Lake County
Courthouse located 106 4th Avenue East in Polson, MT S9860.
EXHIBIT
1---'-A___
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 7 of 183
WHEREAS, in accordance with said Notice and after mailing, publication and posting of
the Notice, as set forth in the affidavits of mailing, publication and posting recorded in the office
of the Clerk and Recorder of Lake County, Montana, Affidavit of Mailing recorded on March
21,2016 as Document No. 547169, AffidavitofPostingrecorded on June 14,2016 as
Document No. 548646, and Affidavit of Publication recorded on June 14, 2016 as Document
No. 548647, incorporated herein by reference, the said Trustee did, on August 18, 2016, at
11 :00 o'clock A.M., duly sell at public auction in Lake County, Montana, the premises in said
Trust Indenture and hereinafter described; and,
WHEREAS, at such sale said premises were fairly sold to the Grantee, being the highest
bidder herein for the sum of $449,804.40 and that sum being the highest bid and,
WHEREAS, said sum was paid by the purchaser to the Trustee and was applied by the
Trustee to the costs and expenses of exercising the power of sale and the sale, including
reasonable attorney's fees, and to the obligations secured by the Trust Indenture, and there was
no surplus remaining.
NOW, THEREFORE, in consideration of the premises and the said sums so paid as
aforesaid, and in compliance with the statute, said Trustee does hereby deed, and convey to said
Grantee, all that real property situated in the County of Lake, State of MT, more particularly
described as follows:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
(Nl/2SWI/4SEl/4) OF SECTION 12, TOWNSHIP 26 NORTH, RANGE 19 WEST,
P.M.M., LAKE COUNTY, MONTANA.
SUBJECT TO AND TOGETHER WITH A 60-FOOT PRIVATE ROAD AND UTILITY
EASEMENT WITH A 50-FOOT RADIUS CUL-DE-SAC AS INDICATED ON CERTIFICATE
OF SURVEY NUMBER 5068.
The conveyance is made without any representation or wa1Tanty, including warranty of
Title, express or implied, as the sale is made strictly on an as-is, where-is basis.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 8 of 183
...
IN WITNESS WHEREOF, that said Trustee does hereby set his hand the day and year
first above written.
(
Assistant S retary,
First Ameri n Title Company of Montana, Inc.
Success rustec
Title Financial Specialty Services
PO Box 339
Blackfoot ID 83221
STATE OF~1-0 )
<'"'i') )ss.
County of j:)l N~/ta,m )
On \ ,day of Au~us+-
nota~ublic in and for said County and Ste, personally appeared
. 'Zol (J;? , before me, a
-t(fre 2 ·filbf J?..,f , known to me to be the Assistant Secretary of
First American Title Company of Montana, Inc., Successor Trustee, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same.
~ h _. ·::/±i1n~,
Notary Public
State of. 11\.n
County of v , · C\. '\:
Commission exp es: bt /zc1. /ZC"lL
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 9 of 183
NOTrCE TO QUIT
To: Occupant(s)
All persons in possession of the property at: 820 Red Owl Road, BigFork, MT 59911
THE NORTH HALP OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER (Nl/2SW1/4SEl/4) OF SECTION 12, TOWNSHIP 26 NORTH, RANGE 19
WEST, P.M.M., LAKE COUNTY, MONTANA
SUBJECT TO AND TOGETHER WITH A 60-FOOT PRIVA'.I'E ROAD AND UTILITY
EASEMENT WITH A 50-FOOT RADIUS CUL-DE-SAC AS INDICATED ON
CERTIFICATE OF SURVEY NUMBER 5068.
YOU ARI~ HEREBY NOTIFIED:
1. That LSF8 Ma..~ter Participation Trust was the purchaser of the property commonly
known as 820 Red Owl Road, Bigfork, MT 59911 , at tl1e Trustee's Sale held on August 18,
2016 and as O\'r'Iler thereof LSF8 Master Participation Trust is entitled to possession of said
property on the 10th day following the sale by virtue of §71-1-319, MCA.
2. You have thirty (30) dnys to vacate the residence. If you do not relinquish possession,
eviction proceedings wi!I be continued in the Lake County, Montana, to evict you.
3. YOU WILLFUKI1-IER TAKE NOTICE that you will be held responsible and liable for
any and aJl damages by reason of yom· occupancy thereof. Further, you may not legally or
htw1blly remove any fixture or other item attached to the property that is not removable
therefrom without damaging said property.
4. IM11 0RTANT NOTICE TO SERVICEMEMBERSAND THEIR DEPENDENTS
PROTECfIONS UNl>ERTHE SERVlCEMEMDERS CIVILRELIElrACT:
If you are a Servicemember on "active duty" oi- "active service,., or a dependent of such a
Scrvicemember, yott may be entitled to certain legal rights and protectio.ns, including protection
from eviction, pursuant to the Scrvicemembers Civil Relief Act (50 USC App. § §
501-596), as amended, (the "SCRA") and, possibly, certain related state statutes. Eligible service
can include:
A. Active Duty (as defined in section lOl(d)(J) of title 10, United States Code) with
the Army, Navy, Air Force, Madne Corps, or Coast Guard;
B. Active Service with the National Guard;
C. Active Service as a commissioned officer of the National Oceanic and
Atmospheric Administmtion;
EXHIBIT
I
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 10 of 183
D. Active Service as a commissioned officer of the Public Health Service; or
E. Active Service with the forces of a nation with which the United States is allied
in the prosecution of a war 01· military action.
Eligible se1'vice also includes any period during which a servicemembet is absent from duty on
nccotmt of siclmess, wounds, leave, 01· other lawful cause.
If you are s:,ch a service member, or a dependent of such a servicemember, you should contact
MackoffKellogg Law Firm at (701) 227-1841 and ask for the Montana Eviction Department to
discuss your status undet the SCRA,
This Notice also constitutes a notice of non-renewal of any lease applicable to the premises.
Dated at Dickinson, North Dakota, this date 15th day of May, 2018.
MackoffKellogg Law .Firm
Attoineys for Plaintiff
38 2nd Ave
J Henderson,
TA.NABARNO. 11414
omey for LSF8 Maste1· Participation
st
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 11 of 183
H
STATE OF MONTANA COUNTY OF LAKE
Recorded 08/19/2016 1 6:SO
Microfilm 549930 Paula A. Holle Recorder
Fees $21.00 by JM Deputy
Ader Recording Return To:
Title Financial Specialty Services
Attention: Foreclosure Department
P.O. Box339
Blackfoot ID 8322 l
?l(p';)-o~ I '5'19 l\~ ~'5
TRUSTEE'S D:EED
This Deed, tnade August l 8, 2016 from First American Title Company of Montana, Inc.,
Succe.~sor Trustee, of 580 Jenson Grove Drive, Blackfoot, ID 83221, to LSF8 Master
Purtioipation Trost , Grantee, with its principal offioe at SPOC Department, 3701 Regent Blvd,
Irving, TX 75063.
WITNESSBTII:
WHHREAS, Jolm P. Stokes and Pamela J, Stokes exocuted a Trust tndcnturo conveying
the real property hereinafter descrlbed to Mark E. Noennlg to secure an obligation owed to
WMC Mortgage Corp, said Trust Indenture dated on July 13, 1998, and recorded on July 17,
1998 as Document No. 391S99.
WHEREAS, LSF8 Master Participation Trust, the current beneficiary, thereafter
appointed and substituted the undersigned as succossor trustoo by Substitution ofl'rustee
recorded June 25, 2015, undDI' Document No S42084-,
WHEREAS, thereafter tho Orantor in aald Trust Indenture defuulted in tho perfonnancu
of the obligatlon secured thereby by failing to pay the monthly lnstallmenta beginning May I,
2009 and each and every month thereafter, and fhat bec('use ofaaid default, the Trustee and
'Beneficiary elected to sell tho property thorclnnfter dcsorlbcd to satisfy tho obligation; and
WHEREAS, a Notice ofTruetee's Sale was filed and recorded in the office of tho Clerk
and Recordor of Lake County, Montana, on March!>, 2016, as Pocumont No, 546965 sol.ting
snld sale fur July 19, 2016 at 11:00o'clockA.M., at the North Entrance to tho Lake County
Courthouse located l 06 4th Avenue East in Polson, MT 59860.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 12 of 183
WHEREAS, in accordance with said Notice and after mailing, publication and posting of
the Notice, as set forth in the affidavits of mailing, publication and posting recorded in the office
of the Clerk and Recorder of Lake County, Montana, Aft1davit ofMnillng recorded 011 March
21, 2016 as Document No. 547169, Affidavit of Posting recorded on Juno 14, 2016 as
Document No. 548646, and Affidavit of PubUcation recorded on June 14, 2016 as Document
No. 548647, incorporated herein by reference, the said Trustee did, on August 18, 2016, at
11 :00 o'clock AM., duly sell at public auction in Lake Cou11ty, Montana, the pl'emises in said
Trust Indenture and hereinafter described; and,
WHEREAS, at such sale said premises were fairly sold to the Grantee, being the highest
bidder herein for the sum of $449,804.40 and that sum being the highest bid and,
\VHEREAS, said sum was paid by the pi1rchaser to the Trustee and wall applied by the
Trustee to the costs and expenses of exercising the power of sale and the sale, including
reaHonuble attorney's fees, and to the obligations secured by the Trust Indenture, and there was
no surplus remaining.
NOW, THEREFORE, in consideration of the premises and the said sums so paid us
aforesaid, and in compliance wjth the statute, said Trustee does hereby deed, and convey to said
Grantee, all that real property situated in the County of Lake, State of MT, more particularly
described as follows:
THE NORTH HAI.F OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
(Nl/2SW1/4SE1/4) OF SECTION 12, TOWNSHIP 26 NORTI-I, RANGE 19 \VEST,
P.M.M., LAKE COUNTY, MONTA.'-iA,
SUBJECT TO AND TOGETHER WITII A 60-FOOT PRIVXfE ROAD AND UTILITY
EASEMENT \Xi1TH A 50wFOOT RADfUS CUL-DE-SAC AS INDICATED ON CERTIFICATE
OF SURVEY NUMBER 5068.
The conveyance is made without any representation or warranty, including warranty of
Title, express or implied, ns the sale is made strictly on an as-is, where-is basis.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 13 of 183
.
1N WITNESS WHEREOF, thnt said Trustee does hereby set his hand the dny and year
first above written.
Assistant Se retery,
First Amer! n Tltlo Company of Montana, Inc.
Suocess rustec
Titlo Fb111ncial Specialty Services
POBox.339
Blackfoot ID 83221
STATE orJ)dCGh,o )
'I)
County of 1211 N:d,(Yl )ss.
)
On \ 'day of .11-_u~ uf.:±: I -2o.tia_' before me, a
notarx~ublic in and for said County andSt'o.lc, personally appeared
=-cKfrf; , ·A:Lb:rJ,2.f: , known to me to be the Assistant Secretary of
First American Title Company of Montana, Inc., Successor Trustee, known to me to be the
person whose name is subscribed to the foregoing instrument und acknowledged to me that he
executed the same.
C' vdfiltti.1__,::ttf!.•
~-~Public
State of · ~'\.T)
County of-!:.l..u!;'.~:..:.u~-
Commission expt es: ()r /zt,t /'20'l7-
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 14 of 183
Stak of:\lontana, County of Luke
Certificate of ScrYicc of 30 D,1y Notice to Quit and Certificate of Due Diligence
I hereby certify that I rccci\ed th\! ,,·ithin and foregoing 30 day Notice to Quit on the JI day of_
-+-""""~---· 2018, and completed sen ice on ,g. 'j ·- day of . &n , 2018 in the
lolll)\\' 11g nwnnl.:!r: /
I. PERSONAL SERVICE UPON LISTED PARTY OF PARTIES
o By delivering it to and leaving with _ _ _ _ _ _ _ _ _ _ on ___ 2018,
AtvliPM at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ beinu
the person(s) named in said notice and to whom said notice vvas directed. (Sectio'n 70- c
27-l 10(2)(a), MCA)
2. SUBSTITUTE SERVICE WITH PLACE OF EMPLOYMENT KNOWN
D Having attempted to locate _ _ _ _ _ _ _ _ _ _• said defendant,
AM/PM and
on 2018.
- - - - - -, 2018 atsaid defendant's
-------------------
usual place of residence, and on _ _ _ _ _ 2018. AM/PM
at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ said defendants usual place of
e111ploymenL and upon finding said detendant absent from said defendant's usual place
of residence and from said defendant's usual place of business, by delivering it to and
leaving it with····-- . · - - - - - - - - - - - - - - - - - - - -
on _ _ _ _ _ _ , 2018, ___AM/PM at
___ a person of suitable age and discretion, on
behalf of said defendant, being the person named in said notice, and to whom said
notice was directed; and by on _ _ _ _ _ _ _ _, 2018 mailing a further true and
correct copy of said notice, address to said person(s) (including mailing to "Occupants") at
said residence address. (Section 70-21-1 I0(l)(b), MCA)
3. SUBSTITUTE SERVICE WITH PLACE OF EMPLOYMENT
UNKNOWN
0 Having attempted to locate _ _ _~ - - - ' said defendant, on
_ _ _ _ 2018, _ . _____AM/PM and , 2018, -~--AM/PM at
- - - - - - - - - - - - - - - - - - - - - - -said defendant's usual
p Iace of residence, and t.:pon finding said defendant absent from and being unable to locate
defendant's usual place of business, by delivering it to and leaving it with
_ _ _ _ _ _ _ _ _ _ _ on _ _ _ _, 2018, _ _ _ _ _ AM/PM at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _a person of
suitable age and discretion, on behalf of said defendant, being the person named in said
notice, and to whom said notice was directed; and by on _ _ _ _ _ _ _ , 2018 mailing a
further and true and correct copy of said notice, addressed to said person(s) (including
mailing to "Occupants") at said residence address. (Section 70-27-110-(1 )(b), MCA)
.t. LISTED PARTY OR PARTIES NOT FOUND, WITH PLACE OF EMPLOYMENT
KNOWN
0 Having attempted to locate _ _ _ _ _ _ _ _ _ _ _·, said defendanton
_ _ _ _ _ _ , 20 I 8, --~AM/PM and , 2018,
AM/PM at
----- -----------'--------
EXHIBIT
I
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 15 of 183
s~1 id 1.kk11d~111t ·s usual place or n:.-sidencc and on - - - - - . 2018.
___ ..\\!'P;\I and _ _ _ _ _ . 2018 A\l'Pi\l at
said del~11da11t·s usual place of ernployme,:r, and upon finding said
1.kf'c11da111 absent 1':-0111 said dd'cndant's usual place or resicknce and from
dd'encbnt's usual place of business. by posting one copy of said notice at
such residence on _ _ _ _ _ _, 2018, and by o n - - - - - ~
2018 du!y mailing a further tnw and correct copy of said notice. addressed
to all persons 11ar:1ed in said notice and to whom said notice \.vas directed
(including mailing to '·Occupants"), at said residence address (Section 70-
27-1 I0(l)(c) MCA)
5. LISTED PARTY OR PARTIES l\OT FOUND, \VITH PLACE OF EMPLOYI\IENT
UNKNO\VN
X Having attempted. to locate J:L,,,_ e S/41:. . said
/Jel'"endant on , . ~ .. ~ c. . 2018. $.'/,f. t4rMt£Pand
r
~ .i ···?J 0 18. _7'.L~----- __ :1~M~at
_/2.Ui1: 4,,---o. lt/4=¥_______a.nd upon finding no person present of
suitable age and discretion one· 1er attempt at the defendant's place of residence, b
one copy of said notice at such residence on .;! , 2018, and by on
~~~...;._-
2018 duly mailing a furt!-:er true and correct copy said notice, addressed to all p
named in said notice and to whom said notice was directed (including ma!ling to
,;Occepants''). at said residence address. (Section 70-27-110( I )(c) MCA)
G. PERSONAL SERVICE ON OCCUPANT(S)
o By delivering it to and leaving with ________ on._____2018,
._ _ _AM/PM at ____________ , being the person(s)
currently residing at residence.
Additional comments:
[ hereby also certify that [ am now a citizen ofthc United States and a resident ot'thc State of Montana, over
the age of eighteen years, not a party to or interested i!l the above-entitled action and competent to be a
witness therein:
Dated the _2,_1__ clay of /H/;1---• 2018.
Pcocess Sme,· Signatme -6J~
Proccss Server Name & Number - Sc... fl
/5"-IJ..
~; ·~,-, G-£
Naiman v Stokes 30 clay NTQ 105585-1
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 16 of 183
State of :'\lontana, Count)· of Lake
CHtilicatc of Sl'n icl' of 30 Day l\otkr to Quit and Cl'rtificatc of Due Diligence
I heri:by ci:rti r·y that I ri:cci\i:d the "irh in and foregoing 30 day Notice to Q·.iit on the /o day of_
-..L-=~-~· 2O1S. and compkti:d sen ice on. _il __ day o f ~ . 2018 in the
l~1 \10wii g tr:anner: /
I. PF..HSO~AL SERVICE UPON LISTED PARTY OF PARTIES
::i 13y dc!i\'ering it to and leaving with _ _ _ _ _ _ _ _ _ on ___ 2018.
AM/P/v( at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • being
the person(s) na:ned in said notice and to whom said notice \Vas directed. (Section 70-
27-1 l0{2)(a). MCA)
2. SUBSTITUTE SERVfCE WJTH PLACE OF EMPLOYMENT KNOWN
Cl Having attempted to locate _ _ _ _ _ _ _ _ _ . said defendant,
on 2018, AM/PM and
- - - - - -, 20 I 8 atsaid defendant's
---------------------
usual place of residence, and on _ _ _ _ _ 2018. AM/PM
at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ said defendants usual place of
emphlyrnent. and upon finding said defendant absent from said defendant's usual place
of residence and from said defendant's usual place or business, by delivering it to and
!caving it with
on _ _ _ _ _ _ , 2018. _ _ _ AM/PM at
_ _ _ _ _ a person of suitable age and discretion, on
behalf of said defendant, being the person named in said notice, and to whom said
notice \Vas directed; and by on -------·····--• 2018 mailing a further true and
correct copy of said notice, address to said person(s) (including mailing to "Occupants") at
said residence address. (Section 7O-21-1 lO(l)(b), MCA)
3. SUBSTITUTE SER.VICE WITH PLACE OF EMPLOYMENT
UNKNOWN
0 Having attempted to locate---------' said defendant, on
_ _ _ _2018. _ _ _AM/PM and , 2018, _ _ _ _ _ AM/PM at
- - - - - - - - - - - - - - - - - - - - - - -said defendant's usual
pl a cc of residence, and upon finding said defendant absent from and being unable to locate
defendant's usual place of business, by delivering it to and leaving it with
_ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ _ _ _, 2018, _ _ _ _ _ AM/PM at
- - - - - - - - - - - - - - - - - - - - - - - - - - · · - a person of
suitable age and discretion, on behalf of said defendant, being the person named in said
notice, and to whom said notice was directed; and by on _ _ _ _ _ _ _ , 2018 mailing a
further and true and correct copy of said notice, addressed to said person(s) (including
mailing to "Occupants") at said residence addn:ss. (Section 70-27-110-( l )(b), MCA)
.t. LISTED PARTY OR PARTIES NOT FOUND, WITH PLACE OF EMPLOYMENT
KNOWN
• Having attempted to locate _ _ _ _ _ _ _ _ _ _ _ , said defendant on
_ _ _ _ _ _ ,2018, _ _ _ _ AM/PMand ,2018,
·~----------
AM/PM at - - - - - - - - - - - - - - - - - -
EXHIBIT
lb
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 17 of 183
said dc!i:nda11t's usual pbcc ol'rcsidcncc and on _ _ _ _ _. 201S.
:-\:\l'P:\I and _ _ _ _ _ . 2018 ;\:\l'P~! at
··--------
said dcknda11t's usual p'.ace ot'crnp'.oymem. and upon finding said
de Cendant absent from said dd'cndant's usual place of n;sickncc and from
del'cndant's usual place of business, by posting one copy of said notke at
such residence on _ _ _ _ _ _ . 20 l 8, and by on _ _ _ _ __
2018 duly mailing a further true and correct copy of said notice, addressed
to all persons n:uned in said notice and to whom said notice was directed
(including mailing to "Occupants"), at said residence address (Section 70-
27-110(1 ){c) MCA)
5. LISTED PARTY OR PARTlES !\OT FOUND, WITH PLACE OF El\lPLOYI\IENT
UNKNOWN
't Having attempted to loc.ate ~ L X5{~ , said
q~rcndant on .11-~ n. ;' 2018, ~ - ~ , m d
~ .L1-_, 2(}18. f'. 4'l _AP,,,1~t
_-1,7,7".L_~JL+~-.J!:=,,~~~-..A~~~---'and Ui)Oll finding no person present of
suitable age and discretion on either. tempt at the defendant's place of residence, by posting
one copy of said notice at such residence on ~ ,,t .;I , 2018, and by o n - ~ ,
2018 duly mailing a further true and correct copy,lbf said notice, addressed to ali pevsons · -
named in said notice and to whom said notice was directed (including mailing to
··Occupants"). at sa:d residence add:·ess. (Section 70-27-11 0( I )(c) MCA)
6. PERSONAL SERVICE ON OCCUPANT(S)
u By delivering it to and leaving with _ _ _ _ _ _ _ _on,._____2018,
____ AM/PM at _ _ _ _ _ _ _ _ _ _ _ _ , being the person(s)
currently residing at residence.
Additional comments: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
I hereby also certify that I am now a citizen of the United States and a resident of the State of Montana, over
the age ot' eighteen years, not a party to or interested in the above-entitled action and competent to be a
witness therein:
Dated the _d.7 day of 1111#( _, 2018.
l'rnms SmerSignatureSLS,__;/ /£-/.)-
Process Server Name & Number - ,'J?, ff 5c, 'A... r--e.-6,
Naiman v Stokes 30 day NTQ 105585-1
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 18 of 183
State or i\lontana, County of Lake
Cl·rtiticatc of St•nice ol' 30 Day l\'oticc to Quit and Certificate of Due Diligence
I hc:-n:by certit'y that I n.:cl.'iYcd the\\ ithin and foregoing 30 day Notice to Quit on the /£ day o(
-..L.J.""""""7---·· 2018. and cornpkted sc1'\'ice on 1.."[ ··- dny of ~ , 2018 in the
lollowi1 g manner: ~
I. PERSO.'\'AL SERVICE UPOl\' LISTED PARTY OF PARTIES
o By dcli\'ering it to and leaving with _ _ _ _ _ _ _ _ _ _ on 2018.
Aivl/Pi\l at____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . being
the person(s) named in said notice and to ,vhom said notice was directed. (Section 70- ~
27-1 !0(2)(a), MCA)
2. SUBSTITUTE SERVICE \VITI-I PLACE OF f'.l\lPLOYMENT KNOWN
• I laving attempted to locate _ _ _ _ _ _ _ _ _ _, said defendant.
on 2018. AM/PM and _ _ _ _ _ • 2018 at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ said defendant's
usual place ofresiclence,and on _ _ _ _ _ 2018. AM/PM
at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ said defendants usual place of
employment. and upon finding said defendant absent from said defendant's usual place
of residence and from said defendant's usua\ place of business, by delivering it to and
leaving it with
----------------------
on
- - - - - -, 20 l &, ---- AM/PM at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a person of suitable age and discretion, on
behalf of said defendant, being the person named in said notice, and to whom said
notice was directed; and by on _______________ , 2018 mailing a further true and
correct copy of said notice, address to said person(s) (including mailing to "Occupants") at
said residence address. (Section 70-21-110( I )(b), MCA)
3. SUBSTITUTE SERVICE WITH PLACE OF EMPLOYMENT
UNKNOWN
0 Having attempted to locate---~---' said defendant, on
_ _ _ _ 2018. _ _ _ AM/PM and , 2018, _ _ _ _ _ AM/PM at
- - - - - - - - - - - - - - - - - - - - - - -said defendant's usual
p Iace of residence, and upon finding said defendant absent from and being unable to locate
defendant's usual place of business, by delivering it to and leaving it with
_ _ _ _ _ _ _ _ _ _ _ _ _ on _ _ _ _, 2018, _ _ _ _ _ AM/PM at
____________________________ a person of
suitable age and discretion, on behalf of said defendant, being the person named in said
notice. and to whorn said notice was directed; and by on _ _ _ _ _ _ _, 2018 mailing a
further and true and correct copy of said notice, addressed to said person(s) (including
mailing to "Occupants'') at said residence address. (Section 70-27-1 l 0-( I )(b), MCA)
-4. LISTED PARTY OR PARTIES NOT FOUND, WITH PLACE OF EMPLOYMENT
KNOWN
D Having attempted to locate _ _ _ _ _ _ _ _ _ _ _, said defendant on
_ _ _ _ _ , 20 I 8, _ _ _ AM/PM and , 20 l 8,
AM/PM at
------------------
EXHIBIT
j
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 19 of 183
~aid d~k11d,111t's usu:11 pbcc of resilience nnd 011 - · · - - - - · 20 IS.
___ ,.\~l'P~I and _ _ _ _ _ . 2018 A~l'Pi\1 at
-·--------------------------
:;<1id ddl-'nd;111t's usu:11 place of employment. and upon finding said
dck11da11t a:1sc111 from said dcfo11dant's usual place ofrcsid~nce and from
defendant's usual place of business. by posting one copy of said notice at
such residence on _ _ _ _ _ _ .2018, and by on _ _ _ _ __
2018 duly mailing a further true and correct copy of said notice. addressed
to a'.l persons named in said notice and to whom said notice was directed
(including mniling to ·'Occupants"). at said rcsid.;:nce address (Section 70-
27-110( l)(c) MCA)
5. LISTED PART\' OR PARTIES 1','QT FOUND, \VlTH PLACE OF EMPLOYMENT
UNKNOWJ'li
-,J I-Living attempted to locate cc _, . said
~lendanton ... ~ . it. .20i8,_5_:1 Mv PM nd
~L.• 2q1J. -r:~z. ~ at
~--k~- ._...~~i:...._____and upon finding no person present of
suitable age and discretion on either empt at the defendant's place of residence, by posting
one copy of said notice at such residence on ~Z...., 2018, and by on ~ g.
2018 duly mailing a further true and correct copy ¢f'said notice, addressed to allperons
nnmcd in said notice and to ,vhom said notice \Vas directed (including mailing to
··Occupants··). at said residence address. (Section 70-27-1 lO(l)(c) MCA)
6. PERSO~AL SERVICE ON OCCUPANT(S)
D By delivering it to and leaving with ________on •._____2018,
____ AM/PM at _ _ _ _ _ _ _ _ _ _ _ _ , being the pcrson(s)
currently residing al residence.
Additional comments:
--------------------------
-··••······-··· ····-·-·------------------------------
I hereby also certify that I am now a citizen of the United States and a resident of the State of Montana, over
the age of eighteen years, not a party to or interested in the above-entitled action and competent to be a
witness therein:
Dated the ;J. 7 day of' /lllltj _, 2018.
Process Server Signature•
Process Server Name & Number -
~----1 /
Seo? 5 ~ If
f> • /,J---
Naiman v Stokes 30 clay NTQ 105585-1
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 20 of 183
.,,
·••'f
NOTICE TO QUIT
To: Occupant(s)
All persons in possession of the property at: 820 Red Owl Road, BigFork, MT 59911
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER
(Nl/2SWI/4SE1/4) OF SECTION 12, TOWNSHIP 26 NORTH, RANGE 19 WEST,
P.M.M., LAKE COUNTY, MONTANA.
SUBJECT TO AND TOGETHER WITH A 60-FOOT PRIVATE ROAD AND UTILITY
EASEMENT WITH A 50-FOOT RADIUS CUL-DE-SAC AS INDICATED ON
CERTIFICATE OF SURVEY NUMBER 5068.
YOU ARE HEREBY NOTIFIED:
1. That by virtue of the notice which the undersigned purchaser of the above
mentioned prope1iy served up on you, the tenancy under which you have possession of the
premises terminated as of midnight on the June 28, 2018, and you were required to quit and
deliver up possession of the same to the undersigned on or before said date.
2. That in case of your failure to vacate the premises within three (3) days from the
date of the service of this notice upon you, the undersigned will institute an action against you
for the possession of the premises and for three (3) times the rent due during the time you
continue in possession and for damages for the detention thereof and for any waste commHted
thereon, and such other damages as are allowed by law, and for three (3) times the amount of
actual damages assessed, all in accordance with the provisions of the laws of the State of
Montana.
3. IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR
DEPENDENTS PROTECTIONS UNDER THE SERVICEMEMBERS CIVIL RELIEF
ACT.
If you are a Servicemernber on "active duty" or "active service", or a dependent of such a
Servicemember, you may be entitled to certain legal rights and protections, including protection
from eviction, pursuant to the Servicemembers Civil Relief Act (50 USC App. §§
501-596), as amended, (the "SCRA") and, possibly, certain related state statutes. Eligible service
can include:
A. Active Duty (as defined in section lOl(d)(l) of title 10, United States Code) with
the Army, Navy, Air Force, Marine Corps, or Coast Guard;
B. Active Service with the National Guard;
EXHIBIT
I ___.y__
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 21 of 183
C. Active Service as a commissioned officer of the National Oceanic and
Atmospheric Administration;
D. Active Service as a commissioned officer of the Public Health Service; or
E. Active Service with the forces of a nation with which the United States is allied in
the prosecution of a war or military action.
Eligible service also includes any period during which a scrviccmcrnber is absent from duty on
account of sickness, wounds, leave, or other lawful cause.
If you are such a service member, or a dependent of such a servicernember, you should contact
MackoffKellogg at (701) 227-1841 to discuss your status under the SCRA.
Dated at Dickinson, North Dakota, this 29th day of June, 2018.
Mackoff Kellogg Law Firm
Attorneys for Plainf ·
38 2ndAveE
Dickinson, ND 601
Telepho . 0 -227-1841
MTB· 11 4
lS0n J Henderson
ttorney for LSF8 Master Participation
Trust
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 22 of 183
State of Mont:rna, County of Lake
Certificate of Service of 3 Day Notice to Quit and Certificate of Due Diligence
I h~by certify that t received the within and foregoing 3 day Notice to Quit on the • .;{ day of
,[;,L , 2018, and completed service on / day of _i-;.,t;~·
_,,._____, 20 l 8 in the
fol101,,~manncr: /
t. PERSONAL SERVICE UPON LISTED PARTY OF PARTIES
_);:I By de ·vering it to and leav~ with J;l, / 5/4,!f, on M 2018,
~Ai ,t ;z. '!T47 t'S:d'~ /4)7. , being
the pcrson(s named in said notice and to whom said notice was directed. (Section 70-
27-l 10(2)(a), MCA)
2. SUBSTJTUTE SERVICE \-v1TH PLACE OF EMPLOYMENT KNOWN
n Having attempted to locate _ _ _ _ _ _ _ _ · - - ' said defendant,
011 2018, AM/PM and _ _ _ _ _ , 2018 at
said defendant's
---------------------
usual place of residence, and on _ _ _ _ _ 20l8, AM/PM
at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ said defendants usual place of
employment, and upon finding said defendant absent from said defendant's usual place
ofresidence and from said defendant's usual place of business, by delivering it to and
leaving it with
on _ _ _ _ _ _ , 2018, _ _ _ AM/PM at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a person of suitable age and discretion, on
behalf of said defendant, being the person named in said notice, and to whom said
notice was directed; and by on _ _ _ _ _ _ _ _ , 2018 mailing a further true and
correct copy of said notice, address to said person(s) (including mailing to "Occupants") at
said residence address. (Section 70-21-l!0(l)(b), MCA)
3. SUBSTITUTE SERVICE WITH PLACE OF EMPLOYMENT
UNKNOWN
n Having attempted to locate---~---• said defendant, on
_ _ _ _2018, _ _ _AM/PMand ,2018,___ AM/PMat
- - - - - - - - - - - - - - - - - - - - - - -said defendant's usual
place of residence, and upon finding said defendant absent from and being unable to locate
defendant's usual place of business, by delivering it to and leaving it with
_ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ _ _ __, 2018, _ _ _ _ _ AM/PM at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _a person of
suitable age and discretion, on behalf of said defendant, being the person named in said
notice, and to whom said notice was directed; and by on _ _ _ _ _ _ _ , 2018 mailing a
further and true and correct copy of said notice, addressed to said person(s) (including
mailing to "Occupants") at said residence address. (Section 70-27~110-(l)(b), MCA)
4. LISTED PARTY OR PARTIES NOT FOUND, WITH PLACE OF EMPLOYMENT
KNOWN
• Having attempted to locate _ _ _ _ _ _ _ _ _ _ _ , said defendant on
_ _ _ _ _ _, 2018, _______ AM/PM and ___________, 2018,
---~AM/PM at ,._~EX!IIIH•1•a•rr---.
I G
,.,.t ,•.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 23 of 183
said defendant's usual place of residence and on _ _ _ _ _ , 2018,
--~AM/PM and _ _ _ _ _ , 2018 AM/PM at
said defendant's usual place of employment, and upon finding said
defendant absent from said defendant's usual place of residence and from
defendant's usual place of business, by posting one copy of said notice at
such residence on _ _ _ _ _ _, 2018, and by on _ _ _ _ _ _ ,
20 l 8 duly mailing a further true and correct copy of said notice, addressed to
all persons named in said notice and to whom said notice was directed
(including mailing to "Occupants"), at said residence address (Section 70-
27-11 0(l)(c) MCA)
5. LISTED PARTY OR PARTIES NOT FOUND, WITH PLACE OF EMPLOYl\tlENT
UNKNOWN
o Having attempted to locate _ _ _ _ _ _ _ _ _ _ _ , said
defendant on _ _ _ _ _, 2018, _ _ _ _ AM/PM and
- - - - - -, 2018, AM/PM at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _and upon finding no person present of
suitable age and discretion on either attempt at the defendant's place of residence, by posting
one copy of said notice at such residence on _ _ _ _ _ _., 2018, and by on _ _ __
2018 duly mailing a further true and correct copy of said notice, addressed to al I persons
named in said notice and to whom said notice was directed (including mailing to
"Occupants"), at said residence address. (Section 70-27-11 0(l)(c) MCA)
6. PERSONAL SERVICE ON OCCUPANT(S)
By delivering it to and leaving with _ _ _ _ _ _ _on, _ _ _ _2018,
_ _ _AM/PM at _ _ _ _ _ _ _ _ _ __, being the person(s)
currently residing at residence.
Additional comments: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
I hereby also certify that I am now a citizen of the United States and a resident of the State of Montana, over
the age of eighteen years, not a party to or interested in the above-entitled action and competent to be a
witness therein:
Dated the tf day of J~4 _, 2018.
Process Server Signature sl-:s.J
Process Server Name & Number -..St.?7sbA-tl..Gr77L
I 5~ · I '.L.
l.,<;"-l '2-
Naiman v Stokes 30 day NTQ 105585-1
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 24 of 183
State of MontHna, County of Lake
Certificate of Service of 3 Day Notice to Quit and Certificate of Due Diligence
I hereby ertify that r received the within and foregoing 3 day Notice to~Qu't on the .,2.. day of
~ , 2018, and completed service on / day of_-J~~~__,,_~-----' 2018 in the
followir g manner:
1. PERSO:"iAL SERVICE UPON LISTED PAE_,OJ? P11ITIES// _/
k; By d~vering it to. nd leaving w"th _.
a.·.. ~ J. f/41;:J on ~2018,
~AM~at /Zl._'i'g .. . --7--------•being
the person(s) named in said notice and to whom said no· ce was directed. (Section 70-
27- l l 0(2)(a), MCI\)
2. SUBSTITUTE SERVICE WITH PLACE OF EMPLOYMENT KNOWN
C Having attempted to locate _ _ _ _ _ _ _ _ ___, said defendant,
on _ _ 2018, ____ AWPM and _ _ _ _ _ , 2018 at
said defendant's
--------------------
usual place of residence, and on _ _ _ _ _ 2018, AM/PM
at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ said defendants usual place of
employment, and upon finding said defendant absent from said defendant's usual place
of residence and from said defendant's usual place of business, by delivering it to and
leaving it with
-----------------------
on _ _ _ _ _ _ , 2018, _ _ _ AM/PM at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a person of suitable age and discretion, on
behalf of said defendant, being the person named in said notice, and to whom said
notice was directed; and by on _ _ _ _ _ _ _ _, 2018 mailing a further true and
correct copy of said notice, address to said person(s) (including mailing to "Occupants") at
said residence address. (Section 70-21-llO(l)(b), MCA)
3. SUBSTITUTE SERVICE WITH PLACE OJ? EMPLOYMENT
UNKNOWN
0 Having attempted to locate _ _ _ _ _ _ _ , said defendant, on
_ _ _ _20 I 8, -~-AM/PM and , 2018, _ _ _ _ _ AM/PM at
- - - - - - - - - - - - - - - - - - - - - - -said defendant's usual
p Iace of residence, and upon finding said defendant absent from and being unable to locate
defendant's usual place of business, by delivering it to and leaving it with
_ _ _ _ _ _ _ _ _ on _ _ _ _, 2018, _ _ _ _ _ AM/PM at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _a person of
suitable age and discretion, on behalf of said defendant, being the person named in said
notice, and to whom said notice was directed; and by on _ _ _ _ _ _ _, 2018 mailing a
further and true and correct copy of said notice, addressed to said person(s) (including
mailing to "Occupants") at said residence address. (Section 70-27-110-(1 )(b), MCA)
4. LISTED PARTY OR PARTIES NOT FOUND, WITH PLACE OF EMPLOYMENT
KNOWN
D Having attempted to locate _ _ _ _ _ _ _ _ _ _ _, said defendant on
_ _ _ _ _ _,2018, _ _ _ AM/PMand ,2018,
_ _ _ _ AM/PM at _ _ _ _ _ _ _ _ _ _ _ _ _,--~EX~H~l~B-=IT~...
I
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 25 of 183
said defendant's usual place of residence and on
____ AM/PM an<l _ _ _ _ _, 2018
--- - -, 20 l 8,
AM/PM at
--·-··---------·
said defendant's usual place of employment, and upon finding said
de fcndant absent frotn said defendant's usual place of residence and from
defendant's usual place of business, by posting one copy of said notice at
such residence on _ _ _ _ _ _ , 2018, and by on _ _ _ _ _ _,
2018 duly mailing a further true and correct copy of said notice, addressed to
all persons named in said notice and to whom said notice was directed
(including mailing to "Occupants"), at said residence address (Section 70-
27-l l 0(l)(c) MCA)
5. LISTED PARTY OR PARTIES NOT .FOUND, WITH PLACE OF EMPLOYMENT
UNKNOWN
o Having attempted to locate
- - - - - - - - - - -, said
de fc ndant on _ _ _ _ _ _, 2018, _ _ _ _ AM/PM and
- - - - - - ·, 2018, - - - - - AM/PM at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _and upon finding no person present of
suitable age and discretion on eitl1er attempt at the defendant's place of residence, by posting
one copy of said notice at such residence on _ _ _ _ _ _ , 2018, and by on _ _ _ __,
2018 duly mailing a further true and correct copy of said notice, addressed to all persons
named in said notice and to whom said notice was directed (including mailing to
"Occupants"), at said residence address. (Section 70-27-ll0(I)(c) MCA)
6. PERSONAL SERVICE ON OCCUPANT(S)
C By delivering it to and leaving with _ _ _ _ _ _ _on, _ _ _ _ 2018,
_ _ _ _AM/PM at _ _ _ _ _ _ _ _ _ _ _, being the person(s)
currently residing at residence.
Additional comments:
-------------------------
I hereby also certify that I am now a citizen of the United States and a resident of the State of Montana, over
the age of eighteen years, not a party to or interested in the above-entitled action and competent to be a
witness therein:
Dated tl1e If day of J 1--• 2018.
Process Server Signature - 0~s;~ /.S'-- I 2.--
Proce~s Server Name & Number - 5.:~rrStHZ:lfrr/f t,r: 1 ·2...-
Naiman v Stokes 30 day NfQ 105585-1
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 26 of 183
Jason J Henderson
Macko ff Kellogg Law Firm
38 Second Ave E
Dickinson, ND 58601
(701) 227-1841
Attorneys for Plaintiff
MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COU~TY
LSF8 Master Participation Trust, )
) AFFIDAVIT OF NON-MILITARY
Plaintiff, ) SERVICE
)
vs. ) CivilNo. _ _ _ __
)
John P. Stokes and Pamela J. Stokes and any person in )
possession, )
)
Defendants. )
The undersigned, being first duly sworn, deposes and says that upon investigation he/she
is informed and believes that Defendant, Pamela J. Stokes is not in the military service of the
United States at the time of execution of this affidavit nor for twelve months prior thereto. A true
and correct copy of the results of the Department of Defense search is attached hereto as Exhibit
A.
Affiant further states that this affidavit is made for the purpose of preserving a record and
clearing title by virtue of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 27 of 183
Dated this October 29, 2018.
MACKOFF KELLOGG LAW FIRM
Attorneys for Plainfff
38 Secon ve E
D 8601
-1841
, on J Henderson, Attorney
Subscribed and sworn to before me Dated October 29, 2 18.
TRICIA JOERN - __, , 'l -_/·7·
Notary Pubftc Tricia Joern, Notary Pu lie
State of North Dakota Stark County, North Dak ta
My Commission Expires May 10, 2022
My Commission Expires: 05/10/202
Naiman v. Stokes 105585-1
2
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 28 of 183
R88Ulls es o': Ocl-29-2018 10:36:34 AM
. Department of Defense Manpower Data Center
SCRA 4.9
Sta.tus Report
; Pursuant to Sc.rviceme1nbcrs Civil ReJief Act
SSN: XXX-XX-9938
Birth Date:
Last Name: STOKES
First Name: PAMELA
Middle Name:
Status As Of: Oct-29-2018
Certificate ID: 6FJJG9VM4PDY8V6
On Active Duty On Acllvo Duly Slalua Date
Active Duly Start Dale Acti,e Duly Er.d Dale Stahis
I Ser,,lce Component
NA NA No I NA
n,1. response reffecls lhe Individuals' actlve d"ty status based ori the Active Duly StatL'S0a!e
Lett Active Duty Wl:hin 367 Days or Active Duly Status Dale
Active Duty Start Date Active Doty End Data Status I Ser,,lce Component
. NA
NA No I NA
This response ranect~ where t11e Individual ltll\ active ·cluty slatu& Wlth;n 367 days pracadfn9 th.i Actl ve·Duly Status Date
The Member or His/Her Unil Was Notlfled of a Future Call-Up lo Active Duty on Active Duty Status Date
01dtir Notification Start Date Order Notlflcallon End Dale Status I Service Component
NA NA I NA
This response reffects whetner lhe lndlvldual or. his/her unit has raceiv_ed eiuly rioUncaUon to report for active duly
Upon searching the data banks of 111e DepaIiment of Defense Manpower Dafa Center, based on the inforrna tlon that you provided, the above is the status of
the Individual on the active duty status date as lo all branches of the Uniformed Services (Army, Navy, Marin A Corps, Air Force, NOAA, Public Health, and
Co11st Guard). This status includes Information on a Servicemember or his/her unit receiving notification of fu ture orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense • Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 29 of 183
The Defense Manpower Data Center (DMDC) Is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which Is the offlclal source of data on eligibility for mllitary medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servlcemembers Clvll Rellef Act (50 USC App. ? 501 et seq, as amended) {SCRA) (formerly known as
1'10 Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of "does not possess any Information Indicating that the
Individual Is currently on active duty" responses, and has experienced only a small error rate. In the event the Individual referenced above, or any family
member, friend, or representative asserts in any manner that the Individual was on active duty for the active duty status date, or Is otherwise entitled to the
protections of the SCRA, you are strongly encouaged to obtain further verification ofthe person's status by contacting that person's Service. Service contact
Information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mll/faq.xhtml#Q33. If you have evidence the person
was on active duty for the active duty status date and you ~all to obtain this additional Service verification, punitive provisions of the SCRA may be Invoked
against you. See 50 USC App.? 521(c).
This response reflects the following information: (1) The lndlvldual's Active Duty status on the Active Duty Status Date (2) Whether the Individual left Active
Duty status within 367 days preceding the Active Duty Status Dato (3) Whether the Individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate Is defined In accordance with 10 USC? 101(d) (1). Prior to 2010 only some of the active duty periods less
lhan 30 consecutive days In length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or tho Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds, All Active Guard Reserve {AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who Is an active duty commissioned officer of the U.S.
Public Health Servi?e or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA Is broader In some cases and Includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty arc not covered by SCRA, as defined in accordance with 10 USC ? 101 (d)(1 ).
Many times orders aro amended to extend the period of actlvo duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protoctlons of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun actiye duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could roly on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous Information will cause an erroneous certificate to be provided.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 30 of 183
Resullll as of: Oct-29-2018 10:36:3< AM
- - Department of Defense Manpower Data Center
SCRA 4.9
Status Report
PursID:'Ult to Servicemembers Civil Rdief Act
SSN: XXX-XX-9938
Birth Date:
Last Name: STOKES
First Name: PAMELA
Middle Name: J
Status As Of: Oct-29-2018
Certificate ID: WS1 BV56FH2JSQ3X
On Active Duty On Active Duly Status Dale
AcHvo Cuty Start Dale I Active Duty End Date I Status T So!vloo Compooonl
NA I NA .. ·.· I No. I NA
'This response ,enects the lndlvlduals; active duty status baaod on tho Aciive Duty Status Dato
Lolt AcUvo Duty WrJiin 367 Days or Active Duty Slatus Date
Active Duty Start Data I Active Duly End Date I S!Rtus T Sorvir.e CompoMnl
NA I NA I No I NA
This response rnfio.:ts where the ind_fv!duol lall active cu\y status witmn :167 ooys prncedlng the Actlve,Outy status Dais
C
.
· ..
Tho Member or I tis/Her Unit Was NollRed or a Future Call-Up to Acttve Duty on Active Duty Status Date
Order Notification Start Date I Ord"' Notification End Date I Status I Servic8 Component
NA I NA· .. J ,.,c ..· , ••tro •' .: A I NA
This msponse Nllecle whotoer the Individual or his/her unit has.racelved early no_tificafion to report lor active duly
.·
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above Is the status of
:the Individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status Includes Information on a Servicemember or his/her unit receiving notification of future orders to roport for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Glgllng Rd.
Seaside, CA 93955
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 31 of 183
The Defense Manpower Data Center (DMDC) Is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Ellglblllty
Reporting System (DEERS) database which Is the oF.icial source of data on eligibility for military medical care and other ellgibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App.? 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of 'does not possess any information Indicating that the
Individual is currently on active d.Jty" responses, and has experienced only a small error rate. In the event the Individual referenced above, or any family
member, friend, or representative asserts in any manner that the Individual was on active duty for the active duty status date, or Is otherwise entitled to U1e
protections of the SCRA, you are strongly encot;raged to obtain further verification of the person's status by contacting that person's Service. Service contact
information can be folind on the SCRA website's FAQ page (033) via this URL: https://scra.dmdc.osd.millfaq.xhtml#Q33. If you have evidence the person
was on activo duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be Invoked
against you. See 50 USC App,? 521(c).
This response reflects the following Information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding tho Active Duty Status Date (3) Whether the Individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status a~ reported in this certificate is defined in accordance with 10 USC? 101 (d) (1 ). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length wore available. In the case of a member of the Nat:onal Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position In the
unit they support. This includes Navy Training and Administration of the Reserves (TARs). Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader In some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined In accordance with 10 USC? 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
tertification should check to make sure the orders on which SCRA protections are based have not been amended to extend the Inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be Inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service rr.embers under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous Information will cause an erroneous certificate to be provided.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 32 of 183
Jason J Henderson
MackoffKellogg Law Firm
38 Second Ave E
Dickinson, ND 58601
(701) 227-1841
Attorneys for Plaintiff
MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY
LSF8 Master Participation Trust, )
) AFFIDAVIT OF NON-MILITARY
Plaintiff, ) SI~RVTCE
)
vs. ) Civil No. - - - - -
)
John P. Stokes and Pamela J. Stokes and any person in )
possession, )
)
Defendants. )
The undersigned, being first duly sworn, deposes and says that upon investigation he/she
is informed and believes that Defendant, John P. Stokes is not in the military service of the
United States at the time of execution of this affidavit nor for twelve months prior thereto. A true
and correct copy of the results of the Department of Defense search is attached hereto as Exhibit
A.
Affiant further states that this affidavit is made for the purpose of preserving a record and
clearing title by virtue of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended.
1
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 33 of 183
Dated this October 29, 2018.
MACKOFF KELLOGG LAW FIRM
Attorneys fo Plaintiff
38 Second ve E
Die · on ND 58601
Te (7 227-1841
son J Henderson, Attorney
/
(SEAI) TRICIA JOERN
Notary Publlc Tricia Joern, Nq!l_
State of North Dakota
My Commission Expires May 10, 2022 Stark County, Nort Dakota
My Commission Expires: 05/l 0/2022
Naiman v. Stokes 105585-1
2
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 34 of 183
Results as of: Oct-29-2018 I0:36:34 AM
Department of Defense Manpower Data Center
SCAA 4.9
Stattl.~ Rt!port
i Pursuant to Servicemembe,rs Civil Relief Act
SSN: XXX-XX-8046
Birth Date:
Last Name: STOKES
First Name: JOHN
Middle Name:
Status As Of: Oct-29-2018
Certificate ID: 8ZV48RGMMF34W71
On Active Duty On Active Duly Status Date
Act:ve Duty Start Dale I AcUve Duty End Dale I Status 1 Service Component
NA I NA. I •. · No · I NA
"his res1J011Se reflects the.individuals' active duty status based orilhe-Act!ve Duty Stat.us Dato
'
.. ..
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duly Start Dale I Active Duty End Date I .· ..
Status l Service Component
Ni\ I NA '• ·1 ·.·•· No I NA
•
Thi• response reflects where the lndlvldual left active duty statuiwlthle 367 days preced[ng lhe Acttve· uly Status Dale
The Member or His/Her Unit Was Notified ·or a future Cal~Up to Active Duty on A<.ilvc Duty Status Dale
Dn:•r N-O!lfica/ion Start Dale I Ordor NoUllcallon End Dato I ...
Status I Snrvice Compoooot
.. ,
NA I NA
' i .,.,· .N<>; I NA
This response reflecls Wholhor lho-indivkrual or. hl$1her unN haa mcalved ea_rly riotiflcatian to report for ac'Jve duty
.. .
>.,· ·"
Upon searching the data banks of the Department of Defense Manpower Da~ Center, b~sed on the Information that you provided, the above Is the status of
the Individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes Information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigllng Rd.
Seaside, CA 93955
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 35 of 183
, The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other ellglblllty systems.
The DoD strongly supports the enforcement of the Servlcemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended} (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of "does not possess any Information Indicating that the
individual Is currently on active duty• responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or reprosentative assorts In any manner that the Individual was on active duty for the actlve duty status date, or is otheiwise entitled to the
protections of the SCRA, you are strongly encouraged lo obtain further verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA websltEJ's FAQ page (Q33) via this UHL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person
was on active duty for the active duty status date and you fall to obtain this additional Service verification, punitive provisions of ~e SCRA may be Invoked
against you. See 50 USC App. ? 521(c).
This response reflects the following lnfonmatlon: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the Individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the Individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date,
More information on "Active Duty Status"
Active duty status as reported In this certificate Is defined in accordance with 10 USC? 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length we~e available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC ? 502(1) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position In the
unit they support. This Includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and Includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certific-.ate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined In accordance with 10 USC? 101(d)(1).
Many tlmes orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the Inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry Is important because a number of protections of the SCRA
~xtend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous lnfomiatlon will cause an erroneous certlficate to be provided.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 36 of 183
Rooults as or : 0d-29-2018 10:36:34 AM
" Department of Defense Manpower Data Center
SCRA 4.9
Sta.tu., Report
Pursuant to Se:t·viccrne:inbers Civil Relief Act
SSN: XXX-XX-8046
Birth Date:
Last Name: STOKES
First Name: JOHN
Middle Name: p
Status As Of: Oct-29-2018
Certificate ID: QZCXSGDPC43KV70
On Active Duty On Active Duey Status Dale
Active Duty Start Dale Active Duty Eno Date Status Service Component
NA NA No __ NA
This response relocts tt,e inoMduots' acUve duty status based on lht>-Aclive Du.ty Status Date
Left Active Duly Willlln 367 Days of Active Duty Status Date
Active [My Start Date AcUve Duly End Dale Status Service Component
NA NA . No NA
Tris ra•poosa renacts where the in/J;i,;dual left acUve-duly-statlni willllf\'367 d~ys procedfng tho At1ive' Duty Status Date
The Memberoc Hfs/Hor Utiil Was Notilled of a Future Cal~Up to Active Duty on AcUve Duty Status Dale
Ordor No@calion Start Dale Order Notification End Date Status Servlt<1 Componant
NA NA ,No_ NA
This '8!lponso rollects 1111,othor the Jndlvkiu'at'or hi-·""" has recelve,harly notification to mport for active duty
Upon searching the data banks of the Department of Defense Manpower Data ·center, based on the information that you provided, the above Is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOM, Publlc Health, and
Coast Guard). This status Includes information on a Sorvlcemember or his/her unit receiving notification of future orders to report for AcHv e Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 37 of 183
The Defense M;mpower Data Center (DMDC) Is an organization cf the Department of Defense (DoD) that maintains the Defense Enrollment and Ellgtbllity
Reporting System (DEERS) database which is tho official source of data on ellgibillty for mllitary medical care and other ellglbillty systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App.? 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information Indicating that the
Individual is currently on active duty" responses, and has experienced only a small error rate. In the event the Individual referenced above, or any family
member, friend. or representative asserts in any manner that tho Individual was on active duty for tho active duty status date, or Is otherwise entitled to the
protections of the SCRJ\, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
Information can be found on the SCRA webs:to's FAQ pago (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person
was on active duty for the active duty status date and you 'all to obtain this additional Service verification, punitlve provisions of the SCRA may be Invoked
against you. See 50 USC App.? 521(c).
This respo:ise reflects the tallowing information: (1) The Individual's Active Duty status on the Active Duty Status Date (2) Whether the Individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether Iha Individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as r!!p<Jrted In this certificate is defined In accordance with 10 USC? 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this Includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC ? 502(1) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position In the
unit they support. This Includes Navy Training and Administration of the Reserves {TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader In some cases and Includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are net covered by SCRA, as defined in accordance with 10 USC? 101(d)(1}.
Many times orders are amendod to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the lnduslve dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duly or actually reported for induction. The Last Date on Active Duty entry Is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely en this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This c~rtificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous Information will cause an erroneous certificate to be provided.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 38 of 183
Rosufts ••of: Oct-29-2018 10:36:34 AM
Department of Defense Manpower Data Center
SCRA 4.9
Status Report
' Pursmu1t to Servicemcmbcrs Civil Re1ief Act
SSN: XXX-XX-8046
Birth Date:
Last Name: STOKES
First Name: JOHN
Middle Name: PATRICK
Status As Of: Oct-29-2018
Certificate ID: 8BY1JCD0PL 138XQ
On Ac1ive 0uty On Active Duty Slalus Dalo
Active CM~ Start Dale I Active Duty End Dale I Status I Snrvice Component
NII I NA I No I NA
T~cls response roffO<'As lhe.im11vlduals,-actlve duly status based oo·the Acllve Q\Jty Status Dale
Left Active Duly Within 367 Days of Active Duty Slalus Dato
AcL've Duty Siar! Dato I Activa Owly End Data I Status I Service Component
NA I I No I NA
Ths response reflects whii10 the indM<lual loft active culy s1alus wilhirt-1367 days preceding· ihe Active Duty Status Date
.. ·• ..
The Meml,er or His/Her Ut1rt Was Notlllod of a Future Call-Up to Active Duty on Actlvo Duty Status Date
Order Nolific:jtlon Start Dale I Order Notification End Date I Status I Sorvlco Component
NA I NA I .. No
I NA
This reoponse reffecls whether the lridlv_idual or_ hi_slher unit has received ~,irly notif1C11Ucn to report for ac!Ne duty
Upon searching the data banks or the Department of Defense Manpower Data Center, based on the Information that you provided, the above Is the status of
the Individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public HeAlth, and
Coast Guard). This status includes information on a Ser✓icomember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Glgling Rd.
Seaside, CA 93955
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 39 of 183
• The Defense Manpower Data Cen:er (DMDC) is an organlzalloo of the Department of De~ense (DoD) that maintains the Defense Enrollment and Ellgibillty
Reporting System (DEERS) datanase which ls the official source of data on ellglbility for milltary medical care and other ellglblllty systems.
The DoD strongly supports the enforcement of the Sorvicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (fom1erly known as
the Soldiers' and Sailors· Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of "does not possess any Information Indicating that the
Individual Is currently on active duty" resporises, anc has experienced only a small error rate. In the event the Individual referenced above, or any family
member, friend, or representative Rsserts in any manner that the lndlvldual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encat.raged to obtain further verification of the person's status by r.ontacting that person's Service. Service contact
Information can bo found on the SCRA website's FAQ page (033) via this URL: https:/lscra.dmdc.osd.mll/faq.xhtml#Q33. If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App.? 521(c).
This response reflects the following ir.formallon: (1) The Individual's Active Duty status on the Active Duly Status Date (2) Whether the Individual left Active
Duty status within 367 days preceding tho Active Duty Status Date (3) Whether the Individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported In this certificate Is defined In accordance with 10 USC ? 101 (d) (1 ). Prior to 2010 only some of the active duty periods less
than 30 consecutive days In length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President er the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reseive (AGR) members must be assigned against an authorized mobilization position In the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Ac:ive Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Ser/ice or t11e National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA :s broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 1O and Title 14 active duty records for all tlhe Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC? 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the Inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be Inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: Triis certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 40 of 183
John P. Stokes
12887 Raven Way
Bigfork, Montana 59911
(406) 837 2283
Defendant / Cross Plaintiff
IN THE TWENTIETH DISTRICT COURT
OF LAKE COUNTY, STATE OF MONTANA
LSF 8 Master Participation Trust
Plaintiff
vs.
Case No. DV-18-263
John P. Stokes and Pamela J. Stokes and
Person in possession ANSWER and
Defendants / Cross Plaintiffs COUNTER CLAIMS
vs. DEMAND FOR JURY TRIAL
LSF 8 Master Participation Trust (LSF 8)
Mackoff Kellogg Law firm, Jason Henderson,
Danick, Tremblay, Andre Collin, John Grayken,
William Young, John and Jane Does 1-5
Cross Defendants
Defendant John P. Stokes answers and Cross Complains and answer and alleges as
follows:
As to Plaintiff allegation No. 1. Defendant denies. The Trustee Deed held by LSF 8
was obtained by forgery and fraud and has been admitted as a forgery and fabrication. It is
void in all respects. It is in violation of the Small Tract Financing Act of Montana. Plaintiffs
have previously admitted to the fraud and violations of the Small Tract Financing Act.
1
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 41 of 183
The unlawful Trustee sale, even if legitimate, and it is not, was held 31 days past
Postponement on July 18, 2016. Rendering the sale void. Further the legal description is
incorrect. The legal description alleged by Plaintiff was an unauthorized and fraudulent
subdivision of property they did not have any interest in. Stokes have not subdivided their
property of 80 acres.
As to Plaintiff allegation #2. Defendant denies. Plaintiff has never been entitled to any
possession from the fraudulent trustee sale. Pursuant to MCA 71-1-315. Notice (3), the sale is
void in all respects.
As to Plaintiffs allegation #3 Defendant denies. Stokes interest is superior, and Stokes
have owned the property free and clear since March 2012. By Court Order. The alleged
Trustee sale, Plaintiffs exhibit 1, was fraudulent in all respects and an unlawful foreclosure.
The alleged lien held by LSF 8 was disallowed twice by the Federal Bankruptcy court and
ceased to exist.
As to Plaintiffs allegation # 4 Defendant John Stokes admits That he was in
Possession on August 18, 2016. Stokes denies Trustee Sale. LSF 8 had no interest in said
property on August 18, 2016.
As to Plaintiffs allegation #5, John Stokes hereby denies.
As to Plaintiffs allegation #6 John Stokes admits to "documents" were delivered. The
documents were not in compliance with MCA 70-27-104.
As to Plaintiffs allegation #7 John Stokes hereby denies. Stokes own property free and
clear of all liens.
2
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 42 of 183
As to Plaintiffs allegation# 8, Admits "documents" were delivered. LSF 8 has no legal
or equitable title in said property. LSF 8 Interest if any was obtained by fraud.
As to Plaintiffs allegation #9 John Stokes Denies.
As to Plaintiffs allegation# 10. Deny. This court has no jurisdiction in this matter and
it will be removed to U. S. District Court Missoula. This property is also subject to a Federal
Lis Pendens, recorded Lake County.
COUNTER CLAIMS
Comes now John Stokes and files this Counter Claim for Damages for FORGED
FABRICATED PROOF OF CLAIMS AND ASSIGNMENTS, UNTRUTHFUL
ASSIGNMENT OF NOTE AND TRUST DEED, FRUADULENT TRUSTEE SALE,
VIOLATION OF THE AUTOMATIC STAY, ATTORNEY DECEPTION UPON
THE COURT, VIOLATIONS OF FEDERAL RICO STATUTES, ACTUAL
DAMAGES, PUNITIVE DAMAGES and TREBLE DAMAGES UNDER RICO
STATUTE.
1. The Plaintiffs and Cross defendants Are citizens of Texas, North Dakota, and Ireland.
LSF 8 has offices and assets globally and Situated in Texas. Diversity of Citizenship
2. The amount in Controversy exceeds $75,000.00. Defendants have suffered in excess
$10,400,000.00 plus punitive damages and treble damages under the RICO statutes
3. LSF 8 and cross defendants have engaged in Mail fraud and used US mail to extort in
excess of $449,000.00 from the Stokes.
4. LSF 8 and cross defendants have removed $4,600,000.00 from each of the Stokes estate,
in violation of 11 USC 362 (a) without leave of the court and enriched themselves.
3
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 43 of 183
5. LSF 8 and cross defendants have committed actual fraud and prepared and forged and
fabricated evidence to further their scheme, under penalty of federal Felony.
6. LSF 8, and their predecessors and cross defendants have participated in presenting four
separate fabricated and forged assignments of Note under penalty of federal felony.
7. On the date of alleged assignment from HFC 2 to LSF 8, RFC 2 possessed no interest to
assign.
8. On date ofLSF 8 unlawful Trustee Sale, LSF 8 possessed no interest.
9. The lien in controversary was completely disallowed in Stokes bankruptcy, twice and by
operation of law ceased to exist.
10. Jason Henderson and Kellogg Mackoffwilling and knowingly presented false and forged
Proof of Claims
11. Lake County District Court Has no jurisdiction to decide the allegations of Federal
Bankruptcy Fraud, filing False Proof of Claims in federal Bankruptcy case, 851. False
Claims-18 U.S.C. § 152(4) Forgery and fabrication of evidence in Federal Bankruptcy
case, Violations of the Federal RICO statutes, Violations of the Automatic stay, 11 USC
362 (a) To award damages pursuant to 11 USC 362 (k)
12. LSF 8 Exhibit #2 submitted September 12, 2018 BK# 19-60681 is at complete odds with
Proof of Claim and copy of Note with blank endorsement submitted 03/20/2009, claim 1-
1 case# 09-60265, submitted under penalty of perjury and felon by HSBC. (Stokes
exhibit 13)
13. HSBC was given opportunity to produce the original. HSBC defaulted and failed to do
so. The lien was disallowed. The property was sold to Pamela Stokes under the 11 USC
363 (f) motion of Trustee.
4
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 44 of 183
14. Jason Henderson Representing Household Finance II, submitted a "new" Proof of Claim
filed on 11/14/2012 as the one and only original note with assignment from WMC
Mortgage Corp, assigned to HOUSEHOLD FINANCE CORP III. Under penalty of
perjury and felon. (Stokes exhibit 13) When challenged to produce HFC II defaulted and
failed to answer. The HFC II and HFC III lien was disallowed and bankruptcy closed, and
Stokes was discharged.
15. There can be no further attempts at collection if the Proof of Claim, lien was disallowed
in bankruptcy.
16. At no time has HFC III assigned the note to HFC II.
17. LSF 8 exhibit #3, Assignment of Mortgage and Deed dated September 19, 2013 from
Household Finance Corp II. is a falsehood. HFC III has never assigned the Note to HFC
II. HFC II had no note to assign. Per submission by Jason Henderson on 11/14/2012 the
Note was held by Household Finance III and no others.
18. LSF 8 exhibit# 4 Substitution of Trustee is a falsehood. LSF 8 was not the beneficiary as
HFC III the owner of the note did not assign to LSF 8 or anyone. Exhibit #4 is part of the
scheme to conduct an unlawful Trustee Sale and Deed.
19. Pamela Stokes, wife then filed a Chapter 13 bankruptcy.
20. LSF 8 submitted a Proof of Claim, the same disallowed "blank" endorsement note.
(Stokes exhibit 13) swearing under penalty of perjury they possessed the original note.
The Proof of Claim BK Case # 14-61170. Pamela Stokes objected, and hearing was set
for April 16, 2015. On date of hearing, or before LSF 8, assigned the blank endorsed back
to HFCII. And no longer possessed any interest alleged or otherwise. See Stokes exhibit
13, * Household Finance Corporation II. LSF 8 has had no standing whatsoever after that
date and endorsing the "blank Note" to HFC II.
5
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 45 of 183
21. On March 9, 2016 LSF 8 caused to be recorded a Notice of Trustee Sale set for July 19,
2016. LSF 8 was not the beneficiary.
22. Stokes's filed a civil Complaint in Lake County, District Court, Montana DV-14-223
October 7, 2014., for mortgage fraud among other allegations. LSF 8 defaulted, and by
default after one and half years after service with no answer Stokes obtained Defaults
valued at $4,600,000.00.
23. John Stokes filed bankruptcy to stay sale and collect the $4,600,000.00 asset and
distribute to creditors.
24. On August 10, 2016 after knowledge of bankruptcy LSF 8, LSF 8 and others violated 11
362 a and attended District Court to remove assets from the estate for their benefit and no
others without leave of the bankruptcy court.
25. On August 18, 2016 LSF 8 conducted a Trustee sale with full knowledge they had
assigned the note back to HFC II on or before April 16, 2015, BK# 14-61170 and had no
interest whatsoever under the previous documents submitted under penalty of perjury and
felony.
PRAYER FOR RELIEF
Based upon the facts and undisputed, false and fabricated Proof of Claims and assignments and
unlawful Trustee sale, Stokes should be awarded all relief requested and appropriate punitive
damages as determined by the Court.
To award $4,600,000.00 unlawfully removed from each estate, $9,200,000.00 together with
interest from August 10, 2016.
To award treble damages in favor of Stokes for Attorney Deceit against Janson Henderson and
MackoffKellogg Law firm for knowingly filing false documents. $1,441,000.00 actual value x
3 = $4,323,000.00
6
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 46 of 183
To award $1,441,000.00 in favor of Stokes actual damages for value of house together with
punitive damages and quiet title in favor of Stokes.
For an award unspecified punitive damages for violating 11 USC 362 (a)
To declare all rulings and orders of Lake County District Court Void Ad Ignition from August
10, 2016.
To award unspecified damages for emotional distress and extortion in favor of Stokes.
To award Treble damages as determined by the Jury under the federal RICO statutes.
For such further relief the Court deems appropriate.
To award all costs and attorney fees in favor of Stokes.
Respectfully submitted,
John Stokes
7
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 47 of 183
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 48 of 183
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MONTANA
In re:
Case No 18-60681
JUDICIAL NOTICE OF FORGED
JOHN STOKES DEBTOR FABRICATED PROOF OF CLAIMS AND
ASSIGNMENTS, UNTRUTHFUL
ASSIGNMENT OF NOTE AND TRUST
DEED, FRUADULENT TRUSTEE SALE.
JUDICIAL NOTICE OF FORGED FABRICATED PROOF OF CLAIMS AND
ASSIGNMENTS, UNTRUTHFUL ASSIGNMENT OF NOTE AND TRUST DEED,
FRUADULENT TRUSTEE SALE.
Comes now the Debtor John Stokes and files this JUDICIAL NOTICE OF FORGED
FABRICATED PROOF OF CLAIMS AND ASSIGNMENTS, UNTRUTHFUL ASSIGNMENT OF
NOTE AND TRUST DEED, FRUADULENT TRUSTEE SALE.
LSF 8 Exhibit #2 submitted September 12, is at complete odds with Proof of Claim and copy of
Note with blank endorsement submitted 03/20/2009, claim 1-1 case# 09-60265, submitted under penalty
of perjury and felon by HSBC. (Stokes exhibit 13) enderson
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 49 of 183
HSBC was given opportunity to produce the original. HSBC defaulted and failed to do so. The
lien was disallowed. The property was sold to Pamela Stokes under the 11 USC 363 (f) motion of
Trustee.
Jason Henderson Representing Household Finance II, submitted a "new" Proof of Claim filed on
11/14/2012 as the one and only original note with assignment from WMC Mortgage Corp, assigned to
HOUSEHOLD FINANCE CORP III. Under penalty of perjury and felon.(Stokes exhibit 13) When
challenged to produce HFC II defaulted and failed to answer. The HFC II and HFC III lien was
disallowed and bankruptcy closed and Stokes was discharged.
At no time has HFC III assigned the note to HFC II.
LSF 8 exhibit #3, Assignment of Mortgage and Deed dated September 19, 2013 from Household
Finance Corp II. is a falsehood. HFC III has never assigned the Note to HFC IL HFC II had no note to
assign. Per submission by Jason Henderson on 11/14/2012 the Note was held by Household Finance III
and no others.
LSF 8 exhibit # 4 Substitution of Trustee is a falsehood. LSF 8 was not the beneficiary as HFC III
the owner of the note did not assign to LSF 8 or anyone. Exhibit #4 is part of the scheme to conduct an
unlawful Trustee Sale and Deed.
Pamela Stokes, wife then filed a Chapter 13 bankruptcy.
LSF 8 submitted a Proof of Claim the same disallowed "blank" endorsement note. (Stokes exhibit
13) swearing under penalty of perjury they possessed the original note. The Proof of Claim BK Case #
14-61170. Pamela Stokes objected and hearing was set for April 16, 2015. On date of hearing, or before
LSF 8, assigned the blank endorsed back to HFCII. And no longer possessed any interest alleged or
otherwise. See Stokes exhibit 13, * Household Finance Corporation II. LSF 8 has had no standing
whatsoever after that date and endorsing the "blank Note" to HFC II.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 50 of 183
of Claim BK Case# 14-61170. Pamela Stokes objected and hearing was set for April 16, 2015.
On date of hearing, or before LSF 8, assigned the blank endorsed back to HFCII. And no longer
possessed any interest alleged or otherwise. See Stokes exhibit 13, * Household Finance
Corporation II. LSF 8 has had no standing whatsoever after that date and endorsing the "blank
Note" to HFC II.
On March 9, 2016 LSF 8 caused to be recorded a Notice of Trustee Sale set for July 19,
2016. LSF 8 was not the beneficiary.
Stokes's filed a civil Complaint in Lake County, District Court, Montana DV-14-223
October 7, 20106., for mortgage fraud among other allegation. LSF 8 defaulted, and by default
after one and half years after service with no answer Stokes obtained Defaults valued at
$4,600,000.00.
John Stokes filed bankruptcy to stay sale and collect the $4,600,000.00 asset and
distribute to creditors.
On August 10, 2016 after knowledge of bankruptcy LSF 8, LSF 8 and others violated 11
362 a and attended District Court to remove assets from the estate for their benefit and no others
without leave of the bankruptcy court.
On August 18, 2016 LSF 8 conducted a Trustee sale with full knowledge they had
assigned the note back to HFC II on or before April 16, 2015, BK# 14-61170 and had no interest
whatso every under the previous documents submitted under penalty of perjury and felony.
Based upon the facts and undisputed, false and fabricated Proof of Claims and
assignments and unlawful Trustee sale, Stokes should be awarded all relief requested and
appropriate punitive damages as determined by the Court.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 51 of 183
Respectfully submitted
November 9, 2018
(Page 1 of 2)
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 52 of 183
After Reccttling RelUm To: 403731
PEELLE MANAGEMENT CORPORATION
ASSIGNMENT JOB #90678
P.O. BOX 1710
,.
CAMPSELL, CA 95009-1710
1-408-866~
Prepa~s
WM~ WMCNo. - - -
Attn: TR-59 Inv. Loan No. _ _ _ _ _ _ _ _ _ __
P.O.BOX 54089 Commit. No. _ _"'o_________
LOS ANGELES, CA 90054-9984 Tax ID No.
No1e: This assi nment should be ke t with the Note and Deed of Trust hercb assi ncd.
Assignment of Deed of Trust c:;JS - 0 J
For Valuable Consideration, WMC MORTGAGE CORP.
P.O. BOX 54089, LOS ANGELES, CA 90054
hereby grams, assigns, and transfers-to: Hou&ehold F'mance Corporation II
5T7 Lamont Road, Elmhurst, IL 60126
all beneficial in1erest under !hat certain Deed of Trust in the amount of$ 199 500.00
dated JULY 13, 1998 executed by _ _ _ _ _ _ _ _ _ _ _ _ _ __
JOHN P. STOKES AND PAMELA J. STOKES
as Trustor, to MARK E NOENN!G
as Trustee, and recorded on J4 Iv 11) 1198. in Roll:----=---,-------
at Page_ _ _ _ _ _ _ _ _ / as Document# 39/5: 99 of Official
Records, in the office of the Recorder of LAKE . County,
MONTANA, together with the Promissory Note secured by said Deed of Trust and also all
ri hts accrued or to accrue under id Deed of Trust.
Property Address:
820 RED OWL ROAD
BIGFORK MT 59911
Lot _ _ _ _ Block _ _ _ __
Section _ _ _ _ _ __
Dated: JULY2I. 1998
State of California ss
County of Los Angeles ss
On, JULY 21 1998 before me the undersigned, a Notary Public in and for said State,
personally appeared ANNIE MARANDJIAN , Assistant Secretary. personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed the within
instrument on behalf of the Corporation, and acknowledged to me that such Corporation executed
the within instrument pursuant to its By-laws or a Resolution of its Board of Directors.
WITNESS my hand and official seal:
EXHIBIT
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 53 of 183
531849 ASSIGN Page,: 2
STATE OF MONTANA I.AKE COUNTY
RECORDED: 10/21/2013 1:32 KOI: ASSIGN
PAIJLA A HOLLE CLERK AND llf;CORDER,
FEE: fl4.00 BY: ~).. , ,"1,'Y? r,:.>>
TO:
When Recorded Return to:
T.D. Service Company
4000 W. Metropolitan Dr., Suite 400
Orange, CA 92868
RECORDING REQUESTED BY AND
·';J~-
13801 Wireless Way
Oklahoma City, OK 73134
Prepared By: Sydney Smith
Loan Number:
MERS Min:
Parcel ID::
Space Above This Line For Recorder's Use
I C.•l
ASSIGNMENT OF MORTGAGE/DEED OF TRUST
FOR VALUE RECEIVED, the undersigned HOUSEHOLD FINANCE .CORPORATION II whose address is
13801 WIRELESS WAY, OKLAHOMA CITY, OK 73134, hereby grants, assigns and transfers to LSF8
MASTER PARTICIPATION TRUST whose address is 13801 WIRELESS WAY, OKLAHOMA CITY, OK
73134 all beneficial interest under that certain mortgage/Deed of Trust/Security Deed dated 7/13/1998 executed by
JOHN P STOKES AND and PAMELA J STOKES to WMC MORTGAGE CORP. in the amount ofS199,500.00
and recorded on 7/17/1998 as Instrument# 391599. in BookNo!ume or Uber No. - , Page/folio- of Official Records
in the County Recorder's office of LAKE County. MT, describing land herein as: 'SEE A TTACHED 'EXHIBIT A'
Property Address: 820 RED OWL ROAD, BIGFORK MT 59911
TOG ETHER with the note or notes therein described or referred to, the money due and to become due
thereon with interest. and all rights accrued or to accrue under said mortgage/Deed of Trust/Security Deed.
HOUSEHOLD FINANCE CORPORATION II, BY
CALIBER HOME LOANS, INC., AS ATTORNEY I~ FACT
~---·
. .rt/_
County of Oklahoma ) By: Mindi Hernandez
State of Oklahoma) Title: Authorized Signatory
On September 19, 2013 before me, B. Coulter, a Notary Public in and for Oklahoma County, in the State
of Oklahoma, personally appeared, Mindi Hernandez, personally known to me (or proved to me on the
basis of satisfactory evidenc~) to l>c the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by
his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s)
<1ctc:u, executed rhe instrument.
Witnessiando~~ I
Notary Name: B. Coulter My Commission Expires: 5/14/2016
(~'\
-tis§>/
~u,:;
S:ata of Oklahoma EXHIBIT
C'"'1m1Hlt>n 1120.'lM:.12 &p,..,,, os11~r.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 54 of 183
531849 39.1'539
tt~#~~tr;"":..P.i'!.::'C ,,._~•.....-:.~ .• ,. > ~
The lud n:iaTelf to III ddt pallcy it. 11tg11ed ill tbe SllleafMOIDII, 0.-, oll.lbud ls
di:lmbcd U fol&aWI:
r The Nartb lulfofllle Southwest~ of'tho SaiJChcUl Q\IIIW (l'U/lSW1t'4Sl'il/4} or ~
Sealmi 12, T~p26 ~orth. ll&nae l9W~ P.M.M.,Lltetcumy, Montana. _.,.___ )
SUBJliCT ro and 10scdw with, 60-foot p,ivmt r~ l-lld utility~ whh a so-tool radius
Cllkfe.taC u indicated-~olSIIMY .Ncbba- S061.
i
•END•
!
I
...... ·······--· ·········-······-··-··· · · · · · · - - - - -
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 55 of 183
STATE OF MONTANAi COUNTY OF LAKE
Recorded 06/25/2015 0.s:07
Microfilm 542084 Paula A. Holle Recorder
Fees $42.00 by WR Deputy
After Recordlng Reb.Jm To:
Mackoff Kellogg Law Rrm
Attention: MT Foreclosure Department
38 :znd Ave East
Dfcklnson, ND 58601
SUBSlITUTION OF TRUSTEE
KNOWN AU. MEN BY lliESE PRESENTS:
WHEREAS, the undersigned lSF8 Master Partfdpat1on Trust, Is the Beneffdary under that
certain Trust Indenb.Jre/Deed of Trust made, given and exeaJted by John P StDkes and Pamela
J Stokes, which Trust Indenture/Deed of Trust was recorded In the Office of the Colllty Oerk
and Recorder of Lake County, Mon1ana, as Deed of Trust dated July 13, 1998 and recorded July
17, 1998 under Dorument no. 391599.
WHEREAS, 1t Is the desire of the Beneffdary to substitute Arst American l1tle Company of
Montana, Inc., as successor Trustee, In the name, place and stead of the orfgfnally de.sfgnated
Trustee, Marie E. Noennlg. The legal descr1ptlon of the properly Is, THE NORTH HALF OF lHE
SOUTliWEST QUARTER OF THE SOUTI-lru'T QUAR1ER (Nl/SN1/4SE1/4) OF SECTION 12,
TOWNSHIP 26 NORTH, RANGE 19 WEST, P.M.M., LAl<E CDUNTY, MONTANA.
SUBJECT TO AND TOGETHER WITH A 60--FOOT PRlVATE ROAD AND UTILITY
EASEMENT wmt A SO-FOOT RADnJS CUL-DE-SAC AS INDICATED ON CB<lll-lCAlE OF SURVEY
NUMBER 5068.
TiiEREFORE, the undersigned Benefldary Jn the herelnabove described Trust Indenture/Deed of
Trust, does hereby now designate, as the Sua:essor Trustee In and under said Trust
Indenb.Jre/Oeed of Trust Rrst American 11Ue Company of Montana, Inc. With an address of
Rrst American Spedalty Servlr.es, 580 Jensen Grove Drive, Blackfoot, ID 83221.
EXHIBIT
I 0
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 56 of 183
Doc# 542084
FURTiiER, the undersigned Benefldary does hereby give, vest and dothe the named Successor
Trustee with all the powers, privileges, duties and responslblRtles Imposed upon the said
Trustee by the Instrument hereJnabove described or by the laws of the State of Montana In such
cases made and provided.
Dated: M~ 'l.-Z. , 106
LSFB Master Partldpatfon Trust, by
Caliber Home Loans, Inc., solely In Its capacity as servicer
, . , ,saSalyersod;.edm,aatmy
Q~~
OF _ _ _ _ _ )
ss:
Notary Public- Residing: _ _ _ __
C.Ommlsslon Expires: _____
Caliber v Stokes 42089.070
A nota,y publlc or otti.r offJcar c;otnpletlng thla
cerUlfcatr, verlf1119 only the ldenllty of the
lndf~ldu111 who l'lg"9d tlMi document to whJdi lhta
cettiffcate la llllached, and not lh• truthfqlnee1
accuracy,orvalidltyoflhlltdocument. '
2
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 57 of 183
STATE OF MONTANA, COUNTY OF LAKE
Recorded 03/09/2016 12:34
Microfilm 546965 Paula A. Holle Recorder
Fees $14 .00 by JM Deputy
After Recording R.ctum To:
Title Fiuncial Specialty Services
Attcnti00: Foreclosure Dqw1mcnt
P.O.Bm:339
.f!J&Moot ID 8322 \
~7~"2.~Pl/°31q, t~ m"'t"S
NOTICE OF TRUSTEE'S SALE
TO BE SOLD FOR CASH AT TRUSTEE'S SALE on July 19, 2016, at 11:00 AM at the North Entrance
to the Lake County Courthouse located 106 4th Avenue East in Polson, MT 59860, the following
descnbed real property situated in Lake County, Montana:
THE NORrH HALF OF THE SOUTHWEST QUARTER OF THE SOlJfHEAST QUARTER
(Nl/2SWl/4SEI/4) OF SECTION 12, TOWNSHIP 26 NORTH, RANGE 19 WEST,
P.MM, LAKE COUNTY, MONTANA SUBJECT TO AND TOGETHER WITH A 60-FOOT
PRIVATE ROAD AND Ufil.ITY EASEMENT WITH A SO-FOOT RADIUS CUL-DE-SAC AS
INDICATED ON CERTIFICATE OF SURVEYNUMBER 5068.
John P. Stokes and Pamela J. Stokes, as Grantors, conveyed said real property to Mark E. NocMig, as
Trustee:, to secure an obligation owed to WMC Mortgage Corp., as Beneficiary, by Deed ofTrust on July
13, 1998, and rccocded on July 17, 1998 as Document No. 391599. The beneficial interest is currently
held by LSF8 Mastc:r Participation Trust First American Title Company of Montana, Inc., is the
Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of
Lake County, Montana.
The bcodiciuy has declared a default in the terms of said Deed ofTrust by failing to make the monthly
payments due in the amount of$1,974.11, beginning May 1, 2009, and each month subsequent, which
monthly installments would have been applied on the principal and intm:st due on said obligation and
other charges against the property or loan. The total amount due on this obligation as of Fcbruary 26,
2016 is $195,528.38 principal, interest at the rate of 11.49000% totaling $207,619.12, late charges in the
amount ofSS,428.50, escrow advances of$30,508.26, and other fees and expenses advanced of $7.00,
plus accruing interest, late charges, and other costs and fees that may be advanced.
The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect
the property and for real property taxes that may become due or delinquent, unless such amounts of taxes
arc paid by the Grantors. If such amounts arc paid by the Beneficiary, the amounts or taxes wil I be added
to the obligations secured by the Deed of Trust Other expenses to be charged against the proceeds of this
sa1e include the Trustee's fees and attorney's fees, costs and expenses of the sale and late charges, if any.
Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the
obligation.
EXHIBIT
5
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 58 of 183
The sale is a public sale and any person, including the beneficiary, excepting only the Trustee, may bid at
the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents
(valid money orders, certified checks or cashier's checks). The conveyance will be made by Trustee's
Deed without any representation or warranty, including warranty of Title, express or implied, as the sale is
made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing
conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall
be entitled to possession of the property on the I 0th day following the sale.
The grantor, successor in interest to the grantor or any other person having an interest in the property, at
any time prior to the trustee's sale, may pay to the beneficiary or the successor in interest to the
beneficiary the entire amount then due under the deed of trust and the obligation secured thereby
(including costs and expenses actually incurred and attorney's fees) other than such portion of the
principal as would not then be due had no default occurred and thereby cure the default.
The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason, and
in the event of a bankruptcy filing, the sale may be postponed by the trustee for up to 120 days by public
proclamation at least every 30 days.
TIDS IS AN AITEMPT TO COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
Dated: mQy O\r:\ g .~v; - ~-
cj{JJ1i)1r\;
Assistant Secretary,
Bh..J() ~
First American Title Company of Montana, Inc.
Successor Trustee
Title Financial Specialty Services
PO Box 339
Blackfoot ID 83221
, befor me, a notary public in and for said
know to me to be the
*~1,.1-4_µ..:....!....1-..1...1..J..L-1--'.a...1..L1J~.1.-->
irst American Title Company of Montana, Inc., Successor
Caliber vs Stokes 100554-4
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 59 of 183
. STATE OF MONTANA, COUNTY OF LAKE
Recorded 08/19/2016 10:50
Microfilm 549930 Paula A. Holle Recorder
Fees $21.00 by JM Deputy
After Recording Return To:
Title Financial Specialty Services
Attention: Foreclosure Department
P.O. Box339
Blackfoot ID 83221
57 tpd'/5C,/ s--zql\~YY1\CS
TRUSTEE'S DEED
This Deed, made August 18, 2016 from First American Title Company of Montana, Inc.,
Successor Trustee, of580 Jensen Grove Drive, Blackfoot, ID 83221, to LSF8 Master
Participation Trust, Grantee, with its principal office at SPOC Department, 3701 Regent Blvd.
Irving, TX 75063.
WITNESSETH:
WHEREAS, John P. Stokes and Pamela J. Stokes executed a Trust Indenture conveying
the real property hereinafter described to Mark E. Noennig to secure an obligation owed to
WMC Mortgage Corp. said Trust Indenture dated on July 13, 1998, and recorded on July 17,
1998 as Document No. 391599.
WHEREAS, LSF8 Master Participation Trust, the current beneficiary, thereafter
appointed and substituted the undersigned as successor trustee by Substitution of Trustee
recorded June 25, 2015, under Document No 542084.
WHEREAS, thereafter the Grantor in said Trust Indenture defaulted in the performance
of the obligation secured thereby by failing to pay the monthly installments beginning May 1,
2009 and each and every month thereafter, and that because of said default, the Trustee and
·Beneficiary elected to sell the property tbereinafter described to satisfy the obligation; and
WHEREAS, a Notice ofTrustee's Sale was filed and recorded in the office of the Clerk
and Recorder of Lake County, Montana, on March 9, 2016, as Document No. S4696S setting
said sale for July 19, 20 I 6 at 11 :00 o'clock A.M., at the North Entrance to the Lake Co\.Dlty
Courthouse located 106 4th Avenue East in Polson, MT 59860.
EXHIBIT
9
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 60 of 183
WHEREAS, in accordance with said Notice and after mailing, publication and posting of
the Notice, as set forth in the affidavits of mailing, publication and posting recorded in the office
of the Clerk and Recorder of Lake County, Montana, Affidavit of Mailing recorded on March
21, 2016 as Document No. 547169, Affidavit of Posting recorded on June 14, 2016 as
Document No. 548646, and Affidavit of Publication recorded on June 14, 2016 as Document
No. 548647, incorporated herein by reference, the said Trustee did, on August 18, 2016, at
11 :00 o'clock A.M., duly sell at public auction in Lake County, Montana, the premises in said
Trust Indenture and hereinafter described; and,
WHEREAS, at such sale said premises were fairly sold to the Grantee, being the highest
bidder herein for the sum of $449,804.40 and that sum being the highest bid and,
WHEREAS, said sum was paid by the purchaser to the Trustee and was applied by the
Trustee to the costs and expenses of exercising the power of sale and the sale, including
reasonable attorney's fees, and to the obligations secured by the Trust Indenture, and there was
no surplus remaining.
NOW, THEREFORE, in consideration of the premises and the said sums so paid as
aforesaid, and in compliance with the statute, said Trustee does hereby deed, and convey to said
Grantee, all that real property situated in the County of Lake, State of MT, more particularly
described as follows:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
(N1/2SW1/4SEI/4) OF SECTION 12, TOWNSHIP 26 NORTH, RANGE 19 WEST,
P.M.M., LAKE COUNTY, MONTANA.
SUBJECT TO AND TOGETHER WITH A 60-FOOT PRIVATE ROAD AND UTILITY
EASEMENT WITH A 50-FOOT RADIUS CUL-DE-SAC AS INDICATED ON CERTIFICATE
OF SURVEY NUMBER 5068.
The conveyance is made without any representation or warranty, including warranty of
Title, express or implied, as the sale is made strictly on an as-is, where-is basis.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 61 of 183
IN WITNESS WHEREOF, that said Trustee does hereby set his hand the day and year
first above written.
Assistant Se retary,
First Ameri n Title Company of Montana, Inc.
Success rustee
Title Financial Specialty Services
PO Box 339
Blackfoot ID 83221
STATE oFJJdaJLD )
'I). )ss.
Countyofj2:'1N~ht1JY\ )
On \- AU:J
, day of U £;-f- ,
nota~ublic in and for said C_ounty and Se, personally appeared
ZoI In
,.__
, before me, a
-t(f\f.: 2 -:Ai-bf',,.1?-::f' , known to me to be the Assistant Secretary of
First American Title Company of Montana, Inc., Successor Trustee, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same.
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Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 62 of 183
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Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 67 of 183
Edward A. Murphy
MURPHY LAW OFFICES, PLLC
127 N. Higgins, Ste. 207
P.O. Box 2639
Missoula, MT 59806
Phone: (406)728-2671
Facsimile: (866)705-2260
Email: rusty@murphylawoffices.net
Bar No. 201108
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MONTANA
Case No. 14-61170
INRE Notice of Hearing
Date: April 16, 2015
PAMELA JEAN STOKES, Time: 9:00 a.m.
Place: Russell Smith Courthouse
Debtor. Missoula, Montana
OBJECTION TO PROOF OF CLAIM NO. 2 FILED BY
LSF8 MASTER PARTICIPATION TRUST
Comes now the Debtor and objects to the Proof of Claim filed by LSF8 Master
Participation Trust on the grounds that the Debtor is aware that at least two different versions of
the promissory note are in existence and the Debtor is unable to determine whether the alleged
creditor in fact holds the real note. In further support of this objection, the Debtor respectfully
shows as follows:
I. The alleged creditor filed a proof of claim with a copy of an alleged promissory note
attached, a copy thereof is attached to this objection as Exhibit "A." The Court's attention is
directed to page 3 of the exhibit which contains a blank endorsement made by WMC Mortgage
Company, the original payee of the note.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 68 of 183
2. The makers of the note were the Debtor and her husband John P. Stokes. John Stokes
was a debtor in a bankruptcy filed in this district on March 4, 2009, originally as a chapter 11 but
subsequently converted to chapter 7. Case No. 09-60265.
3. In that case HSBC filed Proof of Claim No. 1 with a copy of the same alleged note
attached, albeit page 3 was upside down. A copy of the pages from that proof of claim are
attached hereto as Exhibit "B."
4. On November 14, 2012, in the John Stokes case, Household Financial Corporation II
filed a motion to modify the stay, docket 451, and attached a copy of an alleged note, allegedly
evidencing the same indebtedness, but with a different endorsement in that the endorsement was
not in blank and instead was endorsed to Household Finance Corp III, not II. Copy attached as
Exhibit "C." Not only is the endorsement not in blank, but it appears that at least two attempts
were made to enter the name of the new payee.
5. John Stokes filed an objection to the motion to modify stay, docket 459, noting the
difference in the endorsement. A copy is attached as Exhibit "D."
6. On December 21, 2012, Household Finance Corp. II withdrew its motion to modify
stay, docket 470. A copy is attached as Exhibit "E."
7. On February 4, 2011, the Trustee in the John Stokes bankruptcy filed an adversary
proceeding, 11-00009 against John Stokes, the rest of his family and HSBC. Paragraphs 13
through 17 of the Complaint concerned the HSBC proof of claim and specifically the
endorsement of the alleged note as it appears in Proof of Claim no. 1. The complaint asserted
that since the note was endorsed in blank, HSBC had to prove that it was the holder of the
original note and that it had not done so.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 69 of 183
8. Based on the foregoing facts there is an issue as to who has the actual note, and
therefore who has the legal ability to enforce it. In light of the history of this note as appears
from the record of this Court it is impossible to say that the creditor in this case has the actual
original note and until such time as it is produced Proof of Claim no. 2 should be disallowed.
Dated this 4th day of February, 2015.
MURPHY LAW OFFICES, PLLC
IS/Edward A. Murphy
CERTIFICATE OF SERVICE
I hereby certify under penalty of perjury that on the 4th day of February, 2015, I served a
true copy of the foregoing Objection to Proof of Claim No. 2 on the persons and in the manner
identified below:
Erika Peterman
ViaECF
Robert Drummond
ViaECF
LSF8 Master Participation Trust
Caliber Home Loans, Inc.
13801 Wireless Way
Oklahoma City, OK 73124
ls/Edward A. Murphy
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 70 of 183
• •
NOTE
JULY 13, 1998 l'OL$0N
ll)a&•J IC~yl
820 !\ED OWL IIOAD
BIGFORK, Ml' 59911
(fropcny,Uo!,,;,,J
l. B0R.ROW81l'S PQOMJSJ:: TO PAY
bi Rllml fora loan lhat I brtereceivcd, I promi)6 to pay U.S. S 199,SOO.OO
"priDCipal"), plu inlMl$l, 10 die oida of lhc Ullder. Tho leader is
!IMC HORTGAG& CORP.
• lundecmnd
lhal the Lender may nrufer !his NO16. The ~ or All)'OIIO who &alcC$ !hi$ NOIC by IBIISlcr and who b cnlille4 10 "'"'YC
pa.ytnell1S under lhiJ NOie is ttl1cd Ille "No~ Holder:
l.INTEREST
huettA ..m \Jo diart~ OIi mipaid principal lilllil dit full ,mc)ujl o£ jlriil¢ipal bid beell paid. l will Pl)' Ullel'M II a yClily
ar
111111
The: imcrm m11.-000 "·
reqwred by Ibis Scalan l ls rbc nne 1 will pay bolll b:f- and afla my default dcKlibcd in Secoon 6(B)
oCdlit Nole. •
3.PAYMDITS
(A) ra aar1 Place.,, PaJaUla
1 will pay priDcipt1 aid imerest b)' making paymems c~ mood!.
I ,.,;n ffllke my IIIOlllhly Pl)'II\CftlS Oft die 1ST cl:l)' of c:ach montll bcpmlne on SEPTEMBER
199 a • I will mate t h e s e ~ every IIIOftlh until I 11ave paid llll of die pdnclplll 111d inll:N:St and any other clwees
descnl)ed below dial I may owe u,,det (his NOIC. My monlllly J)l)'IMIII! wlJ1 be appllcd IO Ullele$I before prlndpal. If, 011
AUGUST 1, 2028 , l $Ull OQ1Camou11S lllldu1hisNotc, l will pay thoseatllOIUll1.in fwl on lhatdate,
which is Clllcd die "Malurity Dale..
Iwill!lllkemymoalhlypaymcnllllI P.O. BOX 92189
LOS AN(;ELES, CA go 00 9-218 9 or 8l a different p1aCe if required by lhe Noll! Holder.
(B) AaOllllt of Molltlli, 1'11,ments
My rnanllly paymcn& will Ile in the amouru of U.S. S l, 9 ?4 • ll
•· BOIROWHR'S RIGHT TO PREPAY
l ba-c die right ro llllllle pa)'llllllllS of principll 111 any WIii! bclole !hey are due. A JJl)'Dlellt oC prindpal only Is tnawn as a
"piepaylMIIL" Wbe'II I make I prcplYIIICIII, I will lell 1hc NIM Holder in writillg lbll I am doing so.
I may make a fQJI pn,paylll:lll or panlal pq».jUIBIRS wilholll paying IIIIY JRPi1Y111C111 charge. The~ Holder will 11$C all
of my PfflPll>'meDIJ IO Jeduce die IUIIOWll of prJndpal tlm I °" 111111a' dlis No. If I mike I pinial p,eplYIIICIII. - - will be
no dWIFI ill 1116 dlle dalDar iD dlelJIIOIJlll of my monthly J11171DC':1111Dlleas lbaNOIO Holder...- in wrilinl t0 !hose dlango.
s. LOAN CHARGES
If a Jaw, which applies 10 Ibis 10an 111d -.blcb selS IDlllUlfflllR Joan dllrps. is f:maDy inlapieled so !bat lhe iaau1 or
Oilier loan tllqes colleClt.d or ., 1,c colleaoed ln c:ormcaiaa widi 1111s loan acecd die pamial:d limiU. llleu: (i) any hlCll loau
cllarte shall be Rduced by the aDIOOlll ncc:enary 10 reduce 11111 cbarge 10 a pennillm limit and (ii) any sums already collecl=d
from me wbicb exceecJed pe:nnitled limllS will i,e zelullded 10 me. 11le N«e Holder may dloo.se 10 mae rhls lllfllnd by
Rdllcin& a principal l owe umlcr Ibis Note« by rnakilla a direct pay111a1110 me. If a IUUlld ~ prindp&I. die ~
will be llealcd as a parlial prcpeymcllL
f. BORROWER'S FAD.URE TO PAT AS REQUIBED
(A)U..ClllrftlerOQ!l'dae~
If lilt Nolf Holder Jiu 111X iectived lbt f1all tlllOIUSI of Illy IIIOlllbly piYIIICGt by lilt end o! 15 c.-alerldar days after
die dara ltls cine, I will pay a IIIIC dlllp II> die Note Holder.1111 lllll01llll ol rbechatgo will be 5, 0000 91, oC
my ovenlue paymmof prim:ipal 1111d inltlal. Jwill pay dlis lalc cilarge J)l(lmptly bat Olli)' G11Ce OJI C'!CII lalc payftlCl!L
(B)Deflllllt
If J do ll01 pay lhc lull - l of c:a:11 momhly payment DD tho dare h Is due, I 'Will be in dcfaal1.
.... Exhibit A
Exhibit A in 14-61170
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 71 of 183
• •
(Seal) (Seal)
.a-, -Ba,ra,wer
SSN: SSN':
{St,n Ori,wrl Only/
NFCl)ffll(o,m)
--&1'111111S).O& .... 2a12 f0ffll3200121U
..•
•
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 72 of 183
•
NOTE
POLSON MONTANA
(C"dt) (Sul&)
820 R£D OliL 11.0AD
BIGFORK, MT 59911
[Pn,pcny "'""'., I
l. BORROWER'S l'llOMJS!. T() PAY
In ret1lr1I {or a loan that Iba-.¢~ I ~ 10 pey U.S. $ 199,500.00
"prilJclpal"), plus ima'C5t. Ill die order of lhc Leockr. The 1.endci-i!
\IIMC HOR'IGAGE CORP •
• lundemand
lbat 1he Lender may nnsfer this Note. The l.cnda- or anyone who rakts this Noie by 1rusfcr and who is enlitlcd 10 rccdYC
paylllel'IIS 11Dder !hi$ Note, is called lho "N~ Holda'."
l. INTEUST
lniemt 1"i1l be cbargcd on IIIIP:ud principal uolil the fQl1 ~ 1 ot prineiJ)II 1w been "6- 1 will M' iMen$t at a )'Ul'I)'
me of ll , 000 !i.
The imam raie reqwnd by mis Seaion l ls lhc m111 I will pay bodl before and aria 111y dmwl desi:nl>ed in Section 6(8)
of rhis Noie. '
3.PAYMOITS -
(A) Time :and Place o1 Pa:,mcall
I will pay priDcipa1 and inll!leSl 'by maldng paymems evf:fY mond!.
l will lttalcc tlt'f MOnlbly J)A)'tllelllS ~ 1114 1ST day of each IIIODlb begiftnlDg 00 SUTINBER
19!18 • I will mab rhese ~ I S CVf':tY monOI u111il 1 bavc paid all of die principal and in1Clffl and my Olbcr clwaes
described below dlat I may owe under Ibis Nole. My mondlly paymcni, will be applied III in~ bcfcn principal. If, on
AUGUST 1, 2 0 2 8 , I Still owe 1111011111S 1111dtz 1hls Note, 1 will pay those amOUDIS In full on dlat dale,
which is called die "Mauuity Dare.'
I will make my 1110111h1y payments at P •0. BOX 9218 9
LOS ANGELES, CA 90009-2189 or ata diffcnw.p)aa, if required by Ille Nole Hoklor.
(B) MU11111t or MolltJd7 PaJIUllfS
My mmddJ paymm& will be iD th11mount of U.S. S l, 9 74 .11
"- BORROWER'S RIGHT TO PREPAY
I ha..c die rigbt u, . , _ ~ o f princiJlal • any time beiorc they 11e due. A Jlll)'IIICDl or printipal only is known as a
"prq,aymeut." When I mate a prepayment, I will lell lhe Note Holder in wriling dlal. I am doing so.
I may make a fall ~ or partial pn:paymmns withoat payinJ •Y J11tpaynien1 cbalp. 'Die Nola Holder will use an
of my PffPl>'JDmlS to ndw:e die amom or prJndpal dial I owe undll this Nolo. If I make a plD1ial prepaymeni. dlae will be
AO dwlgd in tbedlle daleetin die mDOlllll ormy mondily paymc:al unleas lbe Nole Holder . - i n wntina IO 1bOse ~
5. LOAN CH.UtGES
If a Jaw, which apples tu Ibis tom and which sm maximum loan cbaqes. is finally inlaprelld so dllll die imeRst or
other loan c!IIIFS coJJee1e.d or Ill be colleclf:d In comieaioiJ with dlls loan acecd lbc pannill:d llmib, men: (i} any ftdt Joan
ellar&e sllall be rcd""4 'by the amouni necessary IO reduce lllc charge 10 me pemdaed limli; and (ii) my sums already colkmcl
flom me wbicb tllCeeded rie,mi1led lill1ilS will 1- ze&nded io me. 1bc Noe Holder may choose ro mate Ibis lmlDld by
reducing 1he principal I owe Wider lhi& Note or by makinJ a dire payment ID me. lf a mund nduQes )lrindpal. die rcductkm
wiD be ll'CalCCI as apartial prcpaJ111C11t.
6. BOUOWER'S FAILURE TO rAY AS REQUIRED
(A) I.alt 0larp for 0.enlae Pa,Dll:lltS
If Ille NOie Holder .Ills not i:eceMd die fuD anlOllllt of any IIIOlllblr paymem by the aid of 1s calendar days after
1hc datie ii is due, I will pay a 1-dm,e IO tbe Nos Holda-. 11- ilDOIIDl ol cbt dlalBC will bo S. 0000 91, of
my CMlldao PIU'fllU or prlnclpal and inrmst. I will pay this 1- ~ )IIOmJJlly but only ooee on u Ille pa)'IIICIIL
Cl)Deraalt
U 1 do ftOt pay Ille fllll amouttl or cech IDOlldlly paymem OD lbe dale h Is due, I will be in ddillllt.
MUI.TISTATE FOCEO RATE NOTE· Sing!• l'anlllJ• FNMA/l'ttl.MC Uniro.m 1 , . _
Cl\.6fl i,iH1.M ,.A a:too 12183
,.,.1 -42
-·--•l'°°>tZ••~•' ' - - .,. ""'
MFCD9'161(®91)
. .:.r
....
Exhibit Bin 14-61170
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 73 of 183
_ _ _ _ _ _ _ _ _ _ _ _ _ _ (Sal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Seal)
•Banwu -~
SSN: $SN:
{Sip Ori1iltal Only)
MFCD97A (CIJHI)
•a,• .. ., 2 , _ UOO 1.2.113
£2'd tt2"CN
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 74 of 183
•
FEB-:;a5-2011 12•4S 716' ~1 6178 P.01
...... . • NOTE
,11,ILY 13 1 it,&' POLSON
JD.It) l~itl
82.0. U:O Olfli P.OM
l!GFONC1 Kt Stt~l
~nyMltnrl
,.
.,
Exhibit C in 14-61170
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 75 of 183
•• •
------------(S;ai) -~~-----------
•IOlfflttr
m,{1
,._.,
-••llll.llft,N
MPl:DttOi:~J
, •• a..-a
-
..
I.'
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 76 of 183
Edward A. Murphy
MURPHY LAW OFFICES, PLLC
P.O. Box 2639
Missoula, MT 59806
Phone: (406)728-2671
Fax: (866)705-2260
Email: rusty@murphylawoffices.net
Attorney No. 1108
Attorney for Debtor
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MONTANA
Inre: Case No. 09-60265
Notice of Hearing
JOHN PATRICK STOKES, Date: December 6, 2012
Time: 10:00 a.m.
Debtor. Place: Russell Smith Courthouse
Missoula, Montana
OBJECTION TO MOTION TO MODIFY STAY
Comes now the Debtor and objects to the motion to modify stay filed by Household
Finance Corp. II. There appears to have been an alteration in the endorsement on the note, and
there are other filings in this case that are inconsistent with the contention that the holder of the
note is Household Finance Corp. II. The endorsement on page 18 of the motion is different from
the endorsement of the same note which is attached to proof of claim no. 1, page 14. In the proof
of claim there is no indication of who it was endorsed to, but the proof of claim was filed by
HSBC Mortgage Services, so evidently it was claiming ownership of the note. The motion is
filed by Household Finance II and the endorsement has been changed, although what was added
was Household Finance Corp. III, not II. There is no evidence of an assignment from HSBC
Mortgage Services, which after all signed the proof of claim under penalty of presenting a false
claim, and Household Finance III or II or whatever.
Exhibit Din 14-61170
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 77 of 183
On the basis of the record in this case the Court should deny the motion to modify stay.
Further, if there is any chance of negotiating a modification, it would be nice to know who
actually owns the note.
Dated this 3rd day of December, 2012.
MURPHY LAW OFFICES, PLLC
ls/Edward A. Murphy
CERTIFICATE OF SERVICE
I hereby certify under penalty of perjury that on the 3rd day of December, 2012, I served a
true copy of the foregoing Objection to Motion to Modify Stay in the manner indicated on the
following persons:
Jason Henderson
viaECF
ls/Edward A. Murphy
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 78 of 183
Jason J. Henderson
MACKOFF, KELLOGG LAW FIRM
38 2nd Ave East
Dickinson, North Dakota 58601
Telephone: (701) 227-1841
Facsimile: (701) 227-4739
Attorney for Household Financial Corporation II
Jhenderson@Mackoff.com
MT Bar No. 11414
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MONTANA
In the matter of: )
) Bankruptcy Case No. 09-60265
JOHN PATRICK STOKES )
FDBA SKYLINE BROADCASTERS INC )
FDBA Z-600 INC )
Debtor. )
)
* ** * * * * * * ** *
WITHDRAWAL OF MOTION TO MODIFY STAY
Household Financial Corporation II by and through its undersigned attorney, hereby
withdraws its Motion to Modify Stay dated November 14, 2012 and served on that date.
Dated December 21, 2012.
MACKOFF, KELLOGG LAW FIRM
,Z: 38 2nd Ave East
,N 58601 ._,,.
~~·
J.L Ja · enderson
ey for Household Financial
orporation II
1
Exhibit E in 14-61170
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 79 of 183
CERTIFICATE OF SERVICE
I hereby certify, under penalty of perjury, that a copy of the foregoing
WITHDRAWAL OF MOTION TO MODIFY STAY, AND NOTICE was served upon the
following by mailing a true and correct copy thereof on December 21, 2012, postage
prepaid and addressed as follows:
THE UNITED STATES TRUSTEE MONTANA DEPARTMENT OF
ECF EMAIL REVENUE
OFFICE OF LEGAL AFFAIRS
MITCHELL BUILDING
HELENA, MT 59620
BOB BARR RICHARD J. SAMSON
ATTORNEY AT LAW BANKRUPTCY TRUSTEE
ECF EMAIL ECF EMAIL
'EDWARD A. MURPHY JOHN PATRICK STOKES
ATTORNEY AT LAW 12887 RAVEN WAY
ECF EMAIL BIGFORK, MT 59911
JOHN C SCHULTE
ATTORNEY AT LAW
ECF EMAIL
2
.. Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 80 of 183
14-61170-BPH Doc#: 42 Filed: 02/11/15 Entered: 02/11/15 10:56:22 Page 8 of 15
• •
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 81 of 183
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 82 of 183
\
John Stokes
12887 Raven Way
Bigfork Montana 59911
406 837 2283
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MONTANA
In re:
Case No 18-60681
OTICE OF HEARING
JOHN STOKES DEBTOR
ATE: SEPTEMBER 17,2018
: 2:30PM
LACE: RUSSEL SMITH COURTHOUSE
MISSOULA, MONTANA
BJECTION TO MOTION TO MODIFY
TAY, DEBTORS CLAIM FOR ACTUAL
PUNITIVE DAMAGES, DAMAGES
OR VIOLATION OF AUTOMATIC STAY,
CTUAL AND PUNITIVE, DAMAGES FOR
TTORNEY DECEPTION UPON THE
OURT AGAINST JASON HENDERSON and
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 83 of 183
Comes now the Debtor John Stokes and files this, OBJECTION TO MOTION TO MODIFY
STAY, DEBTORS CLAIM FOR ACTUAL AND PUNITIVE DAMAGES, DAMAGES FOR
VIOLATION OF AUTOMATIC STAY, ACTUAL AND PUNITIVE, DAMAGES FOR
ATTORNEY DECEPTION UPON THE COURT AGAINST JASON HENDERSON and
ERICA PETERMAN.
Lone Star Financial 8, Master Participation Trust, hereafter LSF 8. LSF 8 has no standing to
bring any such motion. The Stokes own said residence Free and Clear and purchased the
property free and clear from the Bankruptcy Court March 12, 2012. Case# 09-60265. LSF 8
conducted an illegal and fraudulent trustee sale with forged and fabricated documents. First
American Title of Montana their designated Trustee, was also without authority.
Debtor claims actual dam.ages and punitive damages for LSF 8 et al for violating the automatic
stay on August 10, 2016 and July 26, 2018. LSF 8 et requested this matter come before the
'
Bankruptcy Court for a 11 USC 362 (h) (k) hearing on September 15, 2016. Statue bas not tolled.
Jason Henderson and Erica Peterman, attorneys participated and had actual knowledge of the
forged and fabricated assignments of notes and submitted under penalty of perjury on behalf of
their clients.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 84 of 183
Stokes filed for Chapter 11, Bankruptcy protection in March 2009. Stokes sought
protection from an unlawful judgment of $3 .8 million pending appeal to Supreme
Court. The estate was performing on all debts 100% and solvent. The Trustee
converted Stokes to Chapter 7 within two weeks, with total liquidation. The trustee
liquidated a $10.4 million dollar estate for $163,000 cash and kept all proceeds for
himself. Stokes was discharged.
The Trustee, Neal Jensen had a personal vendetta for some reason against Stokes. The
trustee sought to make Stokes homeless and filed a 11 USC 363 (f) motion to
liquidate the residence and sell free and clear of all liens. HSBC, the predecessor to
LSF 8, filed a POC alleging they held the note the original note by assignment. The
Trustee objected as there was no dated assignment or assignment. It was in "blank"
and gave HSBC every opportunity to present the "original note" or it would be
disallowed. HSBC defaulted. The'HSBC loan was disallowed. Trustee Motion attached.
They were warned by Trustee if they submit another false proof of claim they will face 5 years
and $50,000 fine. They defaulted and the 11 USC 363 f sale took place. All parties were notified
and no party objected or appealed. The deed was transferred to Pamela Stokes in 2012.
The residence was then sold to Pamela Stokes under the terms of the motion. See
Exhibit One.
Later Jason Henderson, would once again present a Motion to Modify Stay with POC,
however this time representing HFC II. Knowing full well of the previous forgery and
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 85 of 183
disallowance. Stokes objected as the assignment presented was assigned to House
Financial Corporation DI, not HFC II. It was clearly fabricated and forgery. HFC II
when challenged, defaulted. Forged assignment #2.
The estate was liquidated and the bankruptcy finally closed and Stokes was
completely discharged from all debts.
Controlling is Blendheim v. HSBC 13-35354 ninth circuit court ofappeals. Yes. The
same HSBC.
"The panel held that under 506 (d), if a creditors claim has not been "allowed" in the
bankruptcy proceeding, then a lien securing the claim is void." "The panel held that
the voiding of the creditor's lien was permanent such that the lien would not be
resurrected." Blendheim v. HSBC13-35354 ninth circuit court ofappeals
Household Finance Corporation ill has never made any assignment to RFC II or
LSF8
Later the Stokes would begin getting demand letters from Caliber Home loans,
serving agent for LSF 8. Caliber is wholly owned by LSF 8 parent ompany Lone Star
Financial. A qualified Written Request was made to Caliber, no less than four times.
Caliber Home Loans sent Stokes an assignment of note and trust deed assigning from
RFC II to LSF 8. HFC II never owned the note by assignment or otherwise. When the
Montana Attorney General Mortgage Fraud Division got involved they answered.
They answered that "Vericrest Investment Opportunities, was the true holder of the
Note.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 86 of 183
LSF 8, together with US Bank NA and First American Title of Montana, hereafter et
al, filed a notice of trustee sale against Stokes demanding $449,000.00 or face
foreclosure. Caliber at all times stated if discharged ignore this demand.
Stokes filed a civil complaint for damages and mortgage fraud and falsifying
documents, in Lake County District Court on October 7, 2014, Case# 14-223,
Docket, Exhibit Two.
LSF 8 would not cease foreclosure and Pamela Stokes filed for Chapter 13 to stay
pending litigation. The complaint was specially noted on the schedules and instantly
became assets of the estate.
LSF 8 Motioned the Bankruptcy Court through attorney Erica Peterman, Montana
attorney to Modify the Stay. LSF 8 through Erica Peterman used what appears to be
the same "blank endorsement" used by HSBC, which was defaulted and disallowed
by previous trustee in 09-60265.
Pamela Stokes objected and hearing was set. On date of Hearing, Erica Peterman
presented another entirely different note to Pamela's attorney, affirming this was the
original note as it had blue ink on it and owned by LSF 8. However it was not
payable to LSF 8. It was inked in and assigned to HFC II. HFC Il had been out of
business since 2009. Between the time Erica Peterman Submitted the POC and
Hearing, LSF 8 or Erica Peterman altered "the original" POC. Clearly a deception
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 87 of 183
upon the court and Pam's attorney. He dropped bis objection thinking they possessed
the "original". A complete false hood. Forgery# 4.
Jason Henderson and Erica Peterman have clearly engaged or consented or conducted
Decent to deceive Stokes and the Court.
37-61-406. Penalty for deceit. An attorney who is guilty of any deceit or collusion or
consents to any deceit or collusion with intent to deceive the court or a party forfeits
to the party injured by the deceit or collusion treble damages. The attorney is also
guilty of a misdemeanor.
Value of the residence is $1,300,000.00 Damages $(1,300,000. x 3 = $3,900,000.00
each) There is no doubt The attorneys without doubt engaged in Deceit, and damages
are mandatory under MCA 37-61-406.
851. False Claims-18 U.S.C. § 152(4)
Subsection (4) of Section 152 sets out the offense of filing a false bankruptcy claim. A "claim" is a
document filed in a bankruptcy proceeding by a creditor of the debtor. A "false" claim is one that is
known by the creditor to be factually untrue at the time the claim is filed.
Subsection (4) provides:
A person who ...knowingly and fraudulently presents any false claim for proof against the estate of a
debtor, or uses any such claim in any case under title 11, in a personal capacity or as or through an
agent, proxy, or attorney; ...shall be fined ..., imprisoned... , or both.
The elements of a false claim violation are:
1. that bankruptcy proceedings had been commenced;
2. that defendant presented or caused to be presented a proof of claim in the bankruptcy;
3. that the proof of claim was false as to a material matter; and
4. that the defendant knew the proof of claim was false and acted knowingly and fraudulently.
United States v. Overmyer, 867 F.2d 937, 949 (6th Cir.), cert. denied, 493 U.S. 813 (1989).
A confirmed plan was approved and entered by the Court, whereas Stokes would
pursue the Lake County litigation, reduce to judgment and pay all funds into the
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 88 of 183
bankruptcy court for distribution. LSF 8 could also pursue their "any lawful" state
remedies also.
LSF 8 again attempted foreclosure based upon the fraudulent assignments instead of
answering the complaint. LSF 8 was represented by Jason Henderson, Mackoff
Kellogg, as here.
John Stokes then filed a Chapter 13. Stokes withdrew the petition based solely upon
wife's failing health and no others. Pamela Stokes has COPD.
After a year and half after service of summons and complaint, defendants LSF 8 and
First American Title Company of Montana failed to answer in any way and
Defaulted. Stokes obtained defaults in the Lake County case. The defaults instantly
became assets of Pamela Stokes bankruptcy estate. The defaults were at that time,
May 12, 2016, valued at $4.6 million, individually and collectively in favor of the
Stokes. (Attached)
LSF 8 still proceeded to conduct a Trustee sale. A sale was scheduled for July 18,
2016. Judge Manley entered an Order of Abeyance against Stokes only and allowed
LSF 8 to foreclosure in spite of defaults and evidence of forgery. John Stokes had to
file an emergency Chapter 13 to stay on July 15, 2016. All parties received written
actual notice and acknowledged. Including the court. LSF 8 on July 18 postponed
sale. Record attached. LSF 8 also admits to filing numerous false POC' s, record
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 89 of 183
attached. Judge Manley and LSF 8 et al had ex parte contact after the automatic stay
to set up a Dismissal of the Defaults, an asset of Pamela Stokes bankruptcy estate.
This is a case like no other whereas Judge Manley intentionally and knowingly violated 11 USC
362 (a) together with defendants and also violated 11 USC 362 hand k. (The automatic Stay and
violations of the automatic stay) Lake County District Court had no jurisdiction to set a heaqring
or for the rulings or Orders and Defendants clearly engaged in a scheme to remove assets from
the Estate.
Judge Manley with knowledge of the John Stokes bankruptcy filing and Pamela Stokes
confirmed plan, on July 26, 2016 took it upon himself to conduct a hearing to dismiss the
defaults, in violation of 11 USC 362 (a) and set a hearing for August 10, 2016. At no time did
any defendant request a motion to modify the stay or file an answer or motion the court under
rule 60 to file an answer 1 ½ years past Summons. See attached docket
Defendants have submitted no less than four forged and fabricated assignments of mortgages.
LSF 8 admits to submitting false Proof of Claims. See Exhibit _ __
The mortgage was disallowed by US Trustee and the property was judicially sold through a 11
USC 363 f sale, free and clear of all liens to Pamela Stokes. John Stokes was completely
discharged from alleged lien.
HSBC and RFC II and HFC ill have been sued by US Justice Department for $500 million for
mortgage fraud. US Bank also has a pattern and practice of Mortgage Fraud. Recently US Bank
was found liable in McCullen vs US Bank for altering Mortgage documents and mortgage fraud
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 90 of 183
and unlawful foreclose. US Bank was recently fined $6 million for altering mortgage documents,
and upheld by Montana Supreme Court. This is hardly different.
After discharge two years later Stokes's begin getting demand letters from Caliber Home loans
demanding $400,000.00 or face foreclosure. Four QRW's were requested. All ignored. Only
when Attorney General became involved they half answered. They answered that Vericrest
Investment Opportunities was the true beneficiary! Caliber, HFC II HFC III and LSF8 all use
the same mailing address.
The assignment from HFC II to LSF8 is void and nullity. One HFC II did not exist on the day of
assignment. Two, HFC II had no note to assign. Three Caliber has no POA for HFC II to assign
ownership interest. HFC II, US Bank, Caliber and LSF8 are all one in the same mortgage fraud
companies and use the same mailbox address. Hardly credible.
LSF8 paid nothing for the note and is not in the chain of ownership. The Assignment they posses
is a fraud. First American is not a lawful legal Trustee. They are not in the chain of assignments
of Trustees and have no standing for anything.
However that did not stop them for violating the discharge order and begin to Foreclose. All
efforts were made to resolve the issue by Stokes. Stokes filed a complaint in Lake County for
damages and presented clear evidence of the fraud and forgeries. The parties were served and
did not answer. Judge Manley refused to enter a TRO and ignored the fraud and Pam Stokes was
forced to file Chapter 13 to stay foreclosure.
Later an attorney appeared in Bankruptcy court and produced another forged assignment of note
from WMC assigned to HFC II. Both were out of business at the time. and now handwritten in
as an assignment from WMC to HFC II and got stay lifted. The fraud upon the court and estate
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 91 of 183
were reported to the Trustee. An action against the trustee is pending before the Ninth Circuit
Court together with others.
This forged assignment is the same one defendants have proceeded on. All defendants admitted
the complaint and facts and defaulted for two years. Stokes obtained two defaults issued by the
court valued at $4,600,000.00 collectively. Defendants defaulted and admitted all allegations of
the complaint and failed to answer after two years.
Stokes having obtained the defaults then submitted the order of Default for award of Monetary
damages of approximately $4,600,000.00. Judge Manley refused to sign the order, a standard
housing keeping order granted to all attorneys and instead became an advocate for defendants
and entered an Order of Abeyance, apparently only to the Stokes as defaulting defendants
ignored the order and continued trustee sale. A motion to lift the abeyance order was denied.
Again LSF8 through their shell US Bank CONTINUED foreclosure in defiance of the Order of
Abeyance. John Stokes then filed Chapter 13 on July 13, 2016.
John Stokes filed Chapter 13 Bankruptcy approximately on July 13, 2016. ALL PARTIES
INCLUDING THE COURT WERE NOTIFIFIED and had knowledge.
The Honorable Jim D. Pappas
Chief United States Bankruptcy Judge
District of Idaho (now acting Montana)
In a decision generating lots of comment, the Ninth Circuit Court of Appeals has held that state
courts lack jurisdiction to determine whether the automatic stay in a bankruptcy case applies to a
pending action. In re Gruntz, 166 F .3d 1020 (9th Cir. 1999).
The Court of Appeals noted that under 28 U.S.C. § 1334(a), the bankruptcy courts
have exclusive jurisdiction over bankruptcy cases. The Court determined that the automatic stay
is 'one of the fundamental debtor protections provided in the bankruptcy laws," and that allowing
state courts to determine the extent of that stay "would be inconsistent with and subvert the
exclusive jurisdiction of the federal courts." 166 F.3d at 1024.
All pleadings of defendants are "fruit from the poison tree".
The complaint and defaults and residence then became exclusive assets of the estate under the
exclusive jurisdiction of the Bankruptcy Court upon filing. The Defendants were specifically
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 92 of 183
instructed and ordered to cease all collections and continuance of any civil litigation. They
ignored 11 USC 362 and instead continued to litigate in state court. Judge Manley knew full well
the state court had no jurisdiction then over the complaint or defaults. All clearly listed as assets
of the estate and only subject to the Bankruptcy court jurisdiction.
Instead the defendants together with Manley proceed and conspired and to remove assets from
the estate in direct violation of 11 362 hand k and 11 USC 362. The only threshold for damages
to the estate is "Did the parties know of the bankruptcy?" That's it. Judge Manley set a hearing
on the estates assets on July 26, 2016 for August 10, 2016. In direct violation of the 11 USC 362
(a)
No less than nine entries to the state docket were made between date of filing and August 10,
2016. Each one a violation of the Bankruptcy Code.
Stokes will let the court decide what referral action to take against LSF 8, their predecessors and
attorneys, however the following clearly provides guidance, and all certainly apply here.
RICO - Fraudulent Mortgage Assignment and Fraud on Court in Bringing Mortgage Action,
Sustaining RICO Action
Slorp v. Lerner, Sampson & Rothfuss, 2014 U.S. App. LEXIS 18816 (6th Cir. Sept. 29,
2014): The gravamen of the complaint was that the defendants engaged in unfair, deceptive,
and fraudulent debt-collection practices when they [**2] filed an illegitimate foreclosure
action against Slorp and used forged assignments to do so, as here..
To establish a pattern of racketeering activity, the plaintiff must allege at least two related acts of
racketeering activity that amount to or pose a threat of continued criminal activity. Brown v.
Cassens Transp. Co., 546 F.3d 347, 354 (6th Cir. 2008). The RICO statute enumerates dozens of
crimes that constitute racketeering activity. See 18 U.S.C. § 1961(1). Among these crimes are
mail fraud, 18 U.S.C. § 1341, and wire fraud, 18 U.S.C. § 1343--the two predicate crimes that
Slorp alleged in his proposed amended complaint. Mail and wire fraud consist of (1) a scheme or
artifice to defraud; (2) use of the mails or interstate wire communications in furtherance of the
scheme; and (3) intent to deprive a victim of money or property. United States v. Turner, 465
F.3d 667,680 (6th Cir. 2006); United States v. Daniel, 329 F.3d 480,485 (6th Cir. 2003). "A
scheme to defraud is any plan or course of action by which someone intends to deprive another
of money or property by means of false or fraudulent pretenses, representations, or
promises." United States v. Faulkenberry, 614 F.3d 573, 581 (6th Cir. 2010) (internal quotation
marks and alterations omitted).
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 93 of 183
The germane provision of RICO makes it unlav.'fbl for a person employed by or associated with
an enterprise that affects interstate commerce to conduct or participate in the conduct of the
enterprise's affairs through a pattern of racketeering activity. 18 U.S.C. § 1962(c). The statute
provides a civil remedy that allows an individual to recover treble damages for injuries to that
person's business or property sustained by reason of the RICO violation. 18 U.S.C. § 1964(c).
Slorp has adequately alleged the existence of an enterprise that satisfies these basic criteria He
alleged that the defendants conspired to draft and execute a false assignment and to use the
assignment in foreclosure proceedings to seize Slorp's property. He further alleged that the
defendants used the mails and wires several times in furtherance of this scheme, and he alleged
that the same defendants have engaged in similar malfeasance in other foreclosure proceedings,
all with the aim of obtaining title to several properties that are not rightfully theirs.
Slorp's complaint alleges personal injuries or injuries to property. According to the proposed
RICO count, the defendants used various schemes to mislead both Slorp and the state court and
thus attempted fraudulently to deprive Slorp of his home through an illegitimate foreclosure sale.
Those schemes revolved around a fraudulent mortgage assignment and a related foreclosure
action. Thus, if we look to "the origin of the underlying injury" to determine whether it relates to
property, Slorp has alleged quintessential property injuries: The object of the alleged scheme to
defraud was to obtain title to Slorp's home (i.e., real property) through foreclosure.
According to the complaint, Hill "falsely executed" the assignment because Countrywide Bank
did not exist on July 9, 2010, and Hill was not an employee oflvlERS on that date. (exactly as
here) Hill acted at the behest of LSR and with Bank of America's knowledge, said Slorp, and her
"false statement was made with the purpose to mislead the judge in the performance of her
official function within the foreclosure action
"filing and maintaining the foreclosure action with the use of false statements and evidence
constitute[d] a false, deceptive, and/or misleading practice in an attempt to collect a debt."
Here Defendants have never denied the forged assignments. Here The defendants had actual
knowledge of the bankruptcy, as did Judge Manley and proceeded to remove assets from the
estate.
Recently, Bank of America was fined in Ninth circuit Bankruptcy Court of California for
$45,000,000 for violating the automatic stay and removing assets from the estate, as LSF 8 have
exactly done here in.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 94 of 183
re: Sundquist v. Bank of America, NA I Bank of America Hit with $45 Million in Punitive
Damages for Stay Violations 362
United States Bankruptcy Court for the Eastern District of California
March 23, 2017, Decided
Adv. Pro. No. 14-02278, Case No. 10-35624-B-BJ
ERIK SUNDQUIST and RENEE SUNDQUIST, Plaintiffs,
v. BANK OF AMERICA, N.A.; RECONTRUST COMPANY, N.A.; BACHO~ LOANS
SERVICING, LP, Defendants. In re: ERIK SUNDQUIST and RENEE SUNDQUIST, Debtors.
Pursuant to § 362(k)(l ), Bank of America [* 102] is liable for all damages incurred between the
initial violation of the automatic stay and the time the stay violation is fully remedied (which
remedy comes in this decision and accompanying judgment).
http://www.caeb.uscourts.gov/documents/Judges/Opinions/Published/SundguistOpinion.pdf?dt=
1334551
Judge Christopher Klein is one of the most respected Judges in Ninth Circuit and is part of the
BAP pool of Judges .. The precedence has now been set in Ninth Circuit Bankruptcy Court for
punitive damages ($45 million) for defendant Banlcs who violate 11 USC 362 k for punitive
damages.
The Defendants admitted to the Montana Attorney General Mortgage Fraud Division that they
indeed submitted false proofs of Claims.
There is no doubt and the record reflects the defendants together with Judge Manley violated the
automatic stay. State Judges can be held liable for knowingly violating the stay. They "May"
have immunity, however the operative word is may have immunity but are in fact liable unless
they can prove they had no knowledge. That is not the case here. Same with defendants
attorneys.
Actions taken in violation of the automatic stay are void. void ab initio
Section 362(h) provides the following: "[a]n individual injured by any willful
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 95 of 183
violation of a stay provided by this section shall recover actual damages, including costs and
attorneys' fees, and, in appropriate circumstances, may recover punitive damages." Id
Section 362 (k)
(1) Except as provided in paragraph (2), an individual injured by any willful violation of a stay
provided by this section shall recover actual damages, including costs and attorneys' fees, and, in
appropriate circumstances, may recover punitive damages.
4. What are the sanctions for violation ofthe stay?
There are several bases for sanctions for violation of the automatic stay. First, §362(k) states that
an individual who is injured by any willful violation of a stay "shall" recover actual damages,
The state court had NO jurisdiction over the case or defaults once the Bankruptcy was filed and
the complaint and defaults belong to Stokes estate and then Stokes. period.
Any and all rulings coming after including defendants motions and answers and :fraudulent
Trustee sale are void under the doctrine of void ab initio.
Every action the court took and every pleading of defendants after filing Chapter 13, is void.
Even if Defendants argue they conducted a trustee sale so the issue is mute as argued to Manley,
The $4,600,000 defaults offset any amount claimed by defendants.
The automatic stay provision of the United States Bankruptcy Code (the "Code"), 1 as codified at
11 U.S.C. § 362(a), is the cornerstone of federal debtor-creditor law.2 By prohibiting all
collection 11 U.S.C. § 362(a) (1988). The automatic stay provision provides: [A] petition filed
under section 301,302, or 303 of this title ... operates as a stay, applicable to all entities, of- (1)
the commencement or continuation, including the issuance or employment of process, of a
judicial, administrative, or other action or proceeding against the debtor that was or could have
been commenced before the commencement of the case under this title, or to recover a claim
against the debtor that arose before the commencement of the case under this title; (2) the
enforcement, against the debtor or against property of the estate, of a judgment obtained before
the commencement of the case under this title; (3) any act to obtain possession of property of the
estate or of property from the estate or to exercise control over property of the estate; (4) any act
to create, perfect, or enforce any lien against property of the estate; (5) any act to create, perfect,
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 96 of 183
or enforce against property of the debtor any lien to the extent that such lien secures a claim that
arose before the commencement of the case under this title; (6) any act to collect, assess, or
recover a claim against the debtor that arose before the commencement of the case under this
title; (7) the setoff of any debt owing to the debtor that arose before the commencement of the
case under this title against any claim against the debtor; and (8) the commencement or
continuation of a proceeding before the United States Tax Court concerning the debtor.
Defendants will argue what does it matter? Tb.at is akin to a bank robber robbing a bank on
Wednesday and the bank closing on Friday?
Defendants have committed extremely serious felonies. Each occurrence "Shall Be"
compensated.
Based upon Defendants forged and admittedly false proof of claims and willfully violating 11
USC 362 Punitive damages should also be awarded.
Section 363 Provides for Sales of Property F~ee and Clear of Any Interest
The starting point for interpreting a statutory provision is the language of the statute
itself United States v. James, 478 U.S. 597,604, 106 S.Ct. 3116, 3120 (1986); O'Connell v.
Hove, 22 F.3d 463, 468 (2d Cir. 1994) (citing Kelly v. Robinson, 479 U.S. 36, 43, 107 S.Ct. 353,
357 (1986)). When words of a statute are unambiguous, the plain meaning of the text must be
enforced. Hudson v. Reno, 130 F.3d 1193, 1199 (6th Cir. 1997), cert. denied, 119 S.Ct. 64
(1998). "[C]ourts must presume that a legislature says in a statute what it means and means in a
statute what it says there." Connecticut Nat Bank v. Germain, 503 U.S. 249, 253-54, 112 S.Ct.
1146, 1149 (1992). It is not proper for a court to delve further to determine what the plain and
unambiguous language means. Id at 254, 112 S.Ct. at 1149 ("When the words of a statute are
unambiguous ...judicial inquiry is complete.").
Because the phrase "any interest" is not limited by the Code, the phrase should be construed
broadly in accordance with its plain, unambiguous and all-encompassing meaning. Accordingly,
while the Bankruptcy Code does not define the term "interest," the term (as used in §363(f)) has
been recognized to include a leasehold interest. In re Taylor, 198 B.R. at 162; see, also, In re
Leckie Smokeless Coal Co., 99 F.3d 573 (4th Cir. 1996), cert. denied, 520 U.S. 1118
(1997) ("interest" as used in §363 is intended to refer to obligations that are connected to or arise
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 97 of 183
from the propert<J being sold). A broad and all-encompassing interpretation of the phrase "any
interest" is supported by and consistent \.Vith the broad use of that phrase in other provisions of
the Code. See, e.g., 11 U.S.C. §541(a)(3), (4), (5), and (7).
Moreover, such a broad and all-encompassing interpretation of the phrase "any interest" is
further supported by the U.S. Supreme Court's construction of identical language in another
federal statute. The forfeiture provisions of the Racketeer Influenced and Corrupt Organizations
(RICO) statute, 18 U.S.C. §1963(a)(l), provide that a person convicted under RICO shall forfeit
to the United States "any interest he has acquired or maintained in violation of [RICO]." See
Russello v. United States, 464 U.S. 16, 104 S.Ct. 296 (1983
Conclusion
LSF 8 Motion to Modify should be denied in all respects.
Stokes should be awarded $4,600,000.00. The amount removed from the estate in violation of 11
362 (A) PLUS 10% INTEREST, from May 12, 2016, date of Defaults.
Stokes should be awarded at least Treble Punitive Damages against LSF 8. LSF 8 is managed by
Lone Star Financial of Texas. Assets of over $90 Billion. They haven't gotten the message yet
and continue to wreck harm on the public and continue to deceive the courts. They play the
numbers game.
Under 18 USC 851152(4) Stokes should be awarded Actual and Punitive damages for blatant
violations and forgeries.
To Quiet title once and for all, forthwith.
To pay all proceeds into the court and to be distributed to all creditors due.
The Attorneys Jason Henderson and Erica Peterman should be fined and Stokes awarded treble
actual damages under MCA 37-61-406. $3,900,000.00 each.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 98 of 183
For such further relief as the Court deems appropriate.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 99 of 183
EXHIBIT# (
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 100 of 183
536464 DEED Paqa•: 26
Montana Quit Claim Deed STATE OJ' !ol:INTANA LAKE COUNT'£
After recording return to: :RJ:COBDED: 07/29/2014 2:56 KOI: 01:ED
Pamela Stokes PAULA A HOLLE CLERK AlllD llCORp_?
12887 Raven Way Fll:$192.00 BY~Y~c:Lt..p
'l.'0: l'AMEl..A S'l.'ODS 12887 ~ !IGFORE MT 59911
Bigfork, Montana 59911
406-837-2283
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS THAT FOR VALUE RECEIVED, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Elizabeth
Anne Stokes (ElizabethAnnePickavance, married name) married, hereinafter referred to as"Grantor",
does hereby convey and quitclaim unto Pamela Jeanne Stokes, married, hereinafter "Grantee", the
following lands and property, together with all improvements located thereon, lying in the Lake
County, State of Montana, to-wit:
The West ½ of the Southeast¼ of Section 12, Township 26, Range 19, County ofLake,
Montana (commonly known as 12887 Raven Way, Bigfork, Montana 59911)
This is a replacement deed of Quit Claim Deed dated January 16, 2009 of Quit Claim Deed recorded
and filed in United States Bankruptcy Court, State of Montana, Case # 09-60265 Doc# 240-1 filed
03/26/10. This is in compliance with Complaint, Sale and Order. All parties of record, creditors alleged
or real lien holders were duly served and notified and this property was sold in accordance with 1lUSC
363 (t) free and clear of all liens. Dated March 12, 2012, United States Judge Ralph Kirscher,
presiding.
SUBmCT to all easements, rights-of-way, protective covenants and mineral reservations of
record, if any. TO HAVE AND TO HOLD same unto Grantee, and unto Grantee's heirs and
assigns forever,with all appurtenances thereunto belonging.
tor hand ·s the la. day of JULY, 2014
r
.. . v(ff) Le,
r Elizabeth Anne Pickavance (formally STOKES)
STATE OF MONTANA
o7o-r- day of JULY 2014.
-·-~~
The foregoing in~ent was acknowledged before me this
b~y· AnnePi~~
N blic
Print Name c..l;>k:neM. Bmdz.tr«:t
Serial Number, if any: ~
My commission expires:~ 8
d() 17
Grantor: ELIZABETH ANNE PICKAVANCE, 104 CHURCH STREET, BIGFORK
MONTANA599ll (406-261-1352)
Grantee: PAMELAJEANNE STOKES, 12887 RAVEN WAY, BIGFORK, MONTANA59911
SEND TAX STATEMENTS TO GRANTEE
Copy of Quit Claim Deed dated January 16th attached' Case # 09-60265, doc# 240-1
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536464
James H. Cossitt (Mont # 4773)
JAMES H COSSI'IT PC
40 2 nd St E Ste 202
Kalispell MT 59901-6112
Tel: 406-752-5616
Email: ihc@cossittlaw.com
Attorney for Trustee
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MONTANA
INRE: CASE# og-60265
JOHN P STOKES,
Debtor(s).
TRUSTEE'S SECOND MOTION
FOR TURNOVER OF ASSETS OFTIIE ESTATE
NOTICE: If you object to this motion, you must file a written
responsive pleading and request a hearing within fourteen (14) days of the
date of this motion. The responding party shall schedule the hearing on the
motion at least twenty-one (21) days after the date of the response and
request for hearing and shall include in the caption of the responsive
pleading the date, time and location of the hearing by inserting in the
caption the following:
NOTICE OF HEARING
_________
Date: _ _ _ _ _ _ _ __
Tune:
,
Location:._ _ _ _ _ __
If no objections are timely filed, the Court may grant the relief requested as
a failure to respond by any entity shall be deemed an admission that the
relief requested should be granted. You are further notified that LBR 9013-
1(e) requires that "any response must state with specificity the grounds for
In re: Stokes, chapter 7 I og-6o265-RBK
Trustee's Second Motion for Turnover Page1of 4
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any and all objections, including citation to applicable statutes and case law
... and the facts ... " that relate to the dispute.
COMES NOW Richard J. Samson, chapter 7 trustee, a party in interest, and
pursuant to LBR 9013-1, FRBP 4002(a), 7001(1), 9013, 9014 and§§ 102 and 542 of the
Code, states:
1. This case was converted to a chapter 7 proceeding on 9/21/09 and Richard
J. Samson was appointed chapter 7 trustee (see dockets # 097-099).
2. Among the assets of the estate are:
a. an unrecorded deed in the possession of the debtor (attached as Exhibit 1);
and
b. those items of non exempt property described in the Court's order 9/4/09
(docket# 90).
3. The trustee believes it is in the best interests of the estate to take
possession of, secure and otherwise obtain control over both the unrecorded deed and
the and the non exempt estate assets described in docket # 90.
4. Among the trustee's duties in § 704 is the duty to "collect and reduce to
money the property of the estate".
5. To implement that duty, § 542 requires parties to deliver and account for
property of the estate.
6. In docket # 120, this Court has previously ordered the debtor to:
a. the Debtor SHALL cooperate with the trustee, to identify, turnover,
and otherwise surrender or allow the Trustee to secure all assets of the
estate, whether: 1) on the schedules; 2) identified in Docket No. 97; or
c) not scheduled, to the Trustee, his counsel or his agent(s); and
In re: Stoke.s, chapter 7 # 09-60265-RBK
Trustee's Second Motion for Turnover Page2qf4
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7. The assets of the estate include the items described in ,i 2 above and in
docket# 90.
BRIEF IN SUPPORT OF MOTION
This Second Motion for Turnover is based on FRBP 4002(a), 7001(1), 9013 and
9014 and § 542 of the Code.
WHEREFORE, the trustee requests that the Court enter Orders as follows:
a. the debtor shall cooperate with the trustee, identify, turnover, and
otherwise surrender the original of the unrecorded deed and all property
described in docket # 90
b. for such other & further relief as is just & equitable or authorized by FRCP
54(c).
Dated: March 26, 2010
James H. Cossitt (Mont. # 4773)
AITORNEYFOR Trustee
Original filed via ECF
Pursuam to FRBP ,oos & gow (b) and FRCP 5{b}'2}IDl all parties noted in
the <purl's ECF ttam,roipjon facilities have been served via ECF,
In re: Stokes, chapter 7 # 09-6o265-RBK
Trustee's Second Motion for Turnover Pages of 4
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536464
The followig have been served by m1iJ:
JOHN PATRICK STOKES
12887 RAVEN WAY
BIGFORK, MT 59911
CERTIFICATE OF SERVICE BY MAIL/ ECF
This document was served pmsuant to FRBP 7004, 9001(8), 9013, 9014(b): 1) by mail, in
envelopes addressed to each of the parties at the addresses above; and/or 2) by electronic
means, pursuant to LBR 7005-1, 9013-1(c) and 9036-1 on the parties noted in the Court's
ECF transmission facilities, on March 26, 2010. The undersigned declares, under penalty
of perjury pursuant to 28 USC § 1746, that the foregoing is true and correct.
Rewied 3/26/2010CCG
In re: Stokes, chapter 7 # 09-6o265-RBK
Trustee's Second Motion for Turnover
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 105 of 183
, .
09-60265-RBK Doc#: 240-1 Filed: 03/26/10 Entered: 03/26/10 17:17:19 Page 1 of 1
. /;th•r i?e1:ordm,_1 rt~l.urn tci
.1,'Jtm Stok+,•'-,
12887 R~ve" Way
536464
Bi-Jfot k, Monlclnel 59911
QUrrCLAlM DEED
IHfS QUJTCl.~IM DEED, executed this 15t1• day of January 16, 2009 by Eflzabeth
J\11nt> Stokes (Ptckavance} (Sell~r) whose address is 104 Church Street, Bigfork,
Mr>11tana, 5991 l, to Johtt Patrick Stokes and Pamela Jeanne Stokes, Husband and
Wife as Joint Tcnants(Purt:haser) whose address Is 12887 Raven Way Bigfork,
Mont"nr.1 59911
r or good vnd valuable consideration the receipt whereof is hereby acknowledged,
',1;:•ll,:•r •
i:k•t.''i hcr.-.by corwev unto Purchaser fcire'ver., all the right, title, ioterest and daim
wZ11r.h ~~r~llm h,,,, in dnd to the following described parcel of land, and Improvements
,,n,I ilpp1.1rtenanc(•S lhereto: .
i'llt \JL.St 1/'1. cf -the. SOv--th ~t •f'f cf see.tr°" r2., tl)w"'-'-htp 2.CD,
V'"~1l i", Cb~'ht of t..Ak.t, l\\ovi~
(commonly known ci~; t 2887 Raven Way, Bigfork, Montana 59911)
IN WITNESS WHEREOF, ~~ .Ftik:.Ar«Jt~as signed and sealed
<h~se presents the day and year first above written.
1~)t&1t)[1~.
Sc•fler
'.;TATFOf ) ~ o ~
U>UNTY Or- ) ~o..cl
Subscrib,:,d i'Jnrl swc.trn before ll'IF.~ this the .\V.~ day of ~ y yQ ~ r 20~
wI rNESS mv hand and official seal.
~ - ° " - ~ ~ ~ - - - - · M y commission expires: "1-a3•.;,.011
""'-ell~ ( . D ~ ~
Notary Public
•.
'\
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536464
Harold V. Dye
I.D. #408
Dye & Moe, P.L.L.P.
. P.O. Box 9198
Missoula, Montana 59807-9198
Telephone: (406) 542-5205
Fax: (406) 721-1616
E-mail: hdye@dyemoelaw.com
Attorney for Plaintiff
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MONTANA
INRE
JOHN PATRICK STOKES, Case No. 09-60265-7
Debtor.
Adversary Proceeding No.
RICHARD J. SAMSON, Tn1stee,
Plaintiff,
vs.
COMPLAINT
JOHN PATRICK STOKES, PAMELA J.
STOKES, ELIZABETH A.
PICKAVANCE and HSBC MORTGAGE
SERVICES, INC.,
Defendants.
COMES NOW Richard J. Samson, as Chapter 7 Trustee for the bankruptcy estate of
John Patrick Stokes, by and through his counsel of record , and for his complaint against the
Defendants, alleges as follows:
-1-
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Parties and Jurisdiction
1. This Court bas jurisdiction-over this -cause purswmt t-o 28 U.S.C. § 1334 and 11
U.S.C. §§ 363,506, 541,542,544 and 548. This is a core proceeding within the meaning of
28 U.S.C. § 157. Venue is proper pursuantto 11 U.S.C. § 1409.
2. Plaintiff is the duly appointed trustee in this Chapter 7 case. Defendant John
Patrick Stokes ("J. Stokes") is the debtor in this case. Defendant Pamela J. Stokes ("P.
Stokes") is the spouse of J. Stokes. Defendant Elizabeth A. Pickavance ("Pickavance") is the
daughter of J. Stokes and P. Stokes. Defendant HSBC Mortgage Services, Inc. ("HSBC")
purports to hold a lien on a portion of the real property commonly known as 12887 Raven Way
Bigfork, Montana (the "Raven Way Property").
3. This action is brought for the purpose of detennining that the Raven Way Property
is property of the bankruptcy estate; for avoiding fraudulent transfers in connection with said
property; to obtain court pennission, pursuant to 11 U.S.C. § 363(f), to sell the Raven Way
Property free and clear of the interests of co-tenant, P. Stokes, the purported lienholder HSBC
and of any interest of Pickavance; for a determination of the validity and extent of the lien of
HSBC in the Raven Way Property and to surcharge the interest of HSBC with an equitable
share of the expenses of Plaintiff in the determination, avoidance and sale of the Raven Way
Property, pursuant to 11 U.S.C. § 506(c).
General Allegations
4. Defendant J. Stokes commenced this case on March 4, 2009, by filing a voluntary
petition under Chapter 1I of the Bankruptcy Code. This case was converted to Chapter 7 on
September 21, 2009. Plaintiff was appointed to as trustee on September 21, 2009.
-2-
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5. On or about March 15, 1994, J. Stokes and P. Stokes purchased the Raven Way
Property. The Raven Way Property presently consists of approximately eighty (80) acres. The
property has been further divided into four (4) separate twenty acre parcels for mortgage
pUlJ)Osesonly.
6. On or about August 31, 1998, J. Stokes and P. Stokes, executed and delivered to
Pickavance (then known as Elizabeth Stokes) a quit claim deed to the Raven Way Property.
The quit claim deed was recorded at the request of J. Stokes on the same date.
7. While purporting to be an absolute conveyance of the Raven Way Property, the quit
claim deed was, in fact, a transfer in trust wherein Pickavance was to hold the Raven Way
Property for the benefit of J. Stokes and P. Stokes.
8. The trust arrangement between J. Stokes and P. Stokes on the one hand and
Pickavance, on the other, was verbal and secret. It was, however, revocable pursuant to
M.C.A § 72-33-401 since the trust was not "made irrevocable by the trust instrument"
9. Pursuant to 11 U.S.C. § 541, the right to revoke the trust passed to Plaintiff.
Plaintiff hereby revokes said trust.
10. On or about January 16, 2009, Pickavance executed and delivered to J. Stokes and
P. Stokes a quit claim deed to the Raven Wood Property.
11. Defendant J. Stokes failed to disclose the existence of the quit claim in his
Schedules or Statement of Financial Affairs filed with the Court in this case.
12. The delivery of the January 16, 2009 quit claim deed terminated the verbal 1rust
between J. Stokes and P. Stokes as trustors and Pickavance as trustee. In the alternative,
-3-
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delivery of said deed conveyed all of Pickavance 's right, title and interest to J. Stokes and P.
Stokes. The interest of J. Stokes in said property is now property of the bankruptcy estate.
13. HSBC filed its proof of claim in this case on March 20. 2009. HSBC's proof of
claim is identified as Claim No. 1 on the claims' register maintained by the Clerk of the
Bankruptcy Court.
14. Based on the proof of claim fiJed in this case, HSBC purports to hold a first
position deed of trust on a twenty (20) acre parcel of the Raven Way Property. The residence
of J. Stokes and P. Stokes is located on the parcel of real property subject to the purported lien
ofHSBC.
15. Attached to HSBC9s proof of claim is a photocopy of the original note executed by
J. Stokes and P. Stokes in favor of WMC Mortgage Corporation, the original lender.
16. The copy of the note attached to the proof of claim is endorsed in blank on behalf
of WMC Mortgage by Jose A. Mina in his capacity as "Asst. Secretary." HSBC is not
identified as a payee.
17. In order to be a holder of a note endorsed in blank, HSBC must show that it has
physical possession of the note. Alternatively, HSBC must be able to demonstrate that the
endorsement of the note from WMC Mortgage specifically identifies HSBC as the assignee of
the note. To date, HSBC has failed to provide any evidence that it is the holder of the note.
CountOne
(Declaratory Relief Against J. Stokes, P. Stokes and Pickavance)
18. Plaintiff incorporates by reference the allegations of paragraphs 1 though 17.
-4-
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19. There is an actual and existing dispute regarding whether the Raven Way Property
is property of the bankruptcy estate and a judicial declaration thereof is necessary to determine
the parties respective interests.
20. Plaintiff is entitled to a judicial declaration that the Raven Way Property is property
of the estate, subject to any interest of P. Stokes therein, as may be shown by the evidence and
as determined by the Court. Further, Plaintiff is entitled to a judicial declaration that
Pickavance has no legal or equitable interest in the Raven Way Property.
Count Two
(Avoid Fraudulent Transfer Against P. Stokes and Pickavance)
21. Plaintiff incorporates by reference the allegations of paragraphs 1 though 20.
22. Any interest that P. Stokes or Pickavance have in the Raven Way Property which
they acquired from J. Stokes wa..c; as a result of actual intent on the part of J. Stokes to hinder,
delay or default his creditors.
23 Plaintiff is entitled to avoid said transfer(s) pursuant to 11 U.S.C. § 548 and/ or
M.C.A. § 31-2-333.
Count Three
(Determination of the Validity of HSBC Lien)
24. Plaintiff incorporates by reference the allegations of paragraphs 1 though 23.
25. H~BC-does not have actual, physical possession of the note dated July 13, 1998
executed by J. Stokes and P. Stokes in favor ofWMC Mortgage Corporation which secures a
first position Deed of Trust, also in favor of WMC Mortgage Corporation, to the Raven Way
Property.
-5-
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26. The Court should determine that under applicable Montana law, the right to be the
beneficiary of a mortgage or deed of trust is dependant on being the holder of the underlying
note.
27. Based on its inability to demonstrate that it is the holder of the note, the Court
should determine that HSBC has no interest in the Raven Way Property.
Count Four
(Sale of Property Free and CJear of Liens Against P. Stokes, Pickavance and HSBC)
28. Plaintiff incorporates by reference the allegations of paragraphs 1 though 27.
29. The interest of P. Stokes, Pickavance and HSBC in the Raven Way Property is in
bona fide dispute.
30. Plaintiff is entitled to sell the Raven Way Property free and clear of liens pursuant to
I I U.S.C. § 363(:f).
Count Five
(11 U.S.C. § S06(c) Surcharge Against HSBC)
31. Plaintiff incorporates by reference the allegations of paragraphs I though 30.
32. Plaintiff is entitled to surcharge the interest of HSBC with an equitable share of the
expenses incurred by Plaintiff in the determination of ownership, avoidance and sale of the
Raven Way Property pursuant to 11 U.S.C. § 5060.
WHEREFORE, Plaintiff demands judgment as follows:
1. That the Court issue a declaratory judgment that the Raven Way Property is property
of the bankruptcy estate and that Pickavance has no legal or equitable interest therein;
2. That the Court determine the nature and extent, if any. of the interest of P. Stokes in
the Raven Way Property;
-6-
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3. That the Court avoid fraudulent transfers of the Raven Way Property by J. Stokes to
Pickavance and/or P. Stokes;
4. That the Court determine that HSBC has no interest in the Raven Way Property;
5. That the Court authoriz.e the sale of the Raven Way Property free and clear of liens
and interests with valid liens or interests to attaching to the proceeds of sale, pursuant to 11
u.s.c. § 363(f);
6. ·That the Court surcharge the interest of HSBC with an equitable share of the
expenses incurred by Plaintiff in determination of ownership, avoidance and sale of the Raven
Way Property pursuant to 11 U.S.C. § 506 (c).
7. For such other and further relief as the Court deems just and proper.
DATED this _ _ _ day of February, 2011.
DYE & MOE, PL.L.P.
Isl Harold V. l)ye
Harold V. Dye
Attorney for the Plaintiff
-7-
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UNITED STATES BANKRUPTCY COURT 536464
FOR THE DISTRICT OF MONTANA
Inre
JOHN PATRICK STOKES, Case No. 09-60265-7
Debtor.
ORDER
At Butte in said District this 11 th day of June, 2010.
In this Chapter 7 case hearings were scheduled to be held at Missoula on several matters,
including: (1) the Trustee's second motion for turnover of assets of the estate (Docket No. 240);
(2) Trustee's second motion for extension of time (Dkt. 231 ); (3) Debtor's motion to modify stay
(Dkt. 247) and objection thereto filed by Davar Gardner and Todd Gardner ("Gardners''); and (4)
the motion to intervene in contested matter (Dkt. 270) filed by Elizabeth Pickavance
0
("Pickavance ), to which the Trustee filed an objection on June 9, 2010 (Dkt. 279). The Tmstee
was represented at the hearing by attorney James H. Cossitt ("Cossitt") of Kalispell. The Debtor
was represented by attorney Edward A. Murphy of Missoula. Pickavance was represented by
attorney Del M. Post of Missoula. Gardners were represented by Joel E. Guthals of Billings.
Cossitt announced the terms of a settlement between the Debtor, Trustee and Pickavance
regarding the property described at paragraph 2(a) of the Trustee's second motion for turnover
and Pickavance's motion to intervene, to which counsel for the Debtor and Pickavance assented.
Based on the representations of counsel the Court vacated the hearing and granted the parties ten
(10) days to file a written stipulation.
1
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Debtor's counsel moved to continue the bearing on bis motion to modify stay to July 15,
2010, and stipulated to waive the 30-day time limit of 11 U.S.C. § 362(e). Counsel for Gardners
agreed~ and the Court continued the hearing on Debtor's motion to modify stay to July 15, 2010.
IT IS ORDERED and NOTICE IS HEREBY GIVEN the hearing on Debtor's motion
to modify stay (Dlct. 247) and Gardners' objection thereto will be held on Thursday, July 15,
2010, at 9:00 a.m .• or as soon thereafter as counsel can be heard, in the BANKRUPTCY
COURTROOM·#200A, RUSSELL SMITH COURTHOUSE, 201 E. BROADWAY,
MISSOULA, MT; the time limit of§ 362(e) is waived and the stay shall remain in effect
pending the conclusion of the-hearing.
IT IS FURTHER ORDERED the Debtor, Trustee and Pickavance shall file on or before
June 21, 2010, a written stipulation resolving the Trustee's second motion for turnover,
paragraph 2(a) (0kt. 240), Trustee's second motion for extension of time (Dkt. 231) and
Pickavance's motion to intervene (0kt. 270); and NOTICE IS HEREBY GIVEN the hearing
on turnover of the assets described in paragraph 2(b) of the Trustee's second motion for turnover
(Dkt. 240), and Debtor's objection thereto, ·will be held on Thursday, July 15, 2010, at 9:00
a.m., or as soon thereafter as counsel can be heard, in the BANKRUPTCY COURTROOM
#200A, RUSSELL SMITH COURTHOUSE, 201 E. BROADWAY, MISSOULA, MT.
BY TIIB COURT
HON.ff B.'KIRSCHER
U.S. Bankruptcy Judge
United States Bankruptcy Court
District of Montana
2
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536464
James H. Cos.sitt (Mont # 4773)
JAMES H. COSSITI, PC
40 2nd St E Ste 202
Kalispell, MT 59901-6112
Tel: 406-752-5616
Email: jhc@cossittlaw.com
ATI'ORNEY FOR TRUSTEE
UNITED SI'ATFS BANKRUPrCY COURT
FOR THE DISTRICT OF MONTANA
InRe: Case # 09-60265
JOHN PATRICK STOKES,
Debtor.
SflPIJLATION RE:
1) TRUSTEE'S SECOND MOTION FOR TURNOVER. OF ASSETS
OF THE FSrATE (Docket Nos. 240 and 244), and
2) ELIZABETH PICKAVANCE'S MOTION TO INTERVENE
IN ACONTESTEDMA'ITER(DocketNo. 270)
This Stipulation is entered into by the Debtor, Chapter 7 Trustee Richard J. Samson,
and Applicant in Intervention Eliz.abeth Pickavance, through counsel. The parties
stipulate:
1. To the ently of an Order by the Court granting 12(a) of the Trustee's Motion
for Turnover ofAssets of the F.state (docket #240), as follows:
a. Elizabeth Pickavance shall prepare, execute and turn over to James H.
C.ossitt, attorney for Chapter 7 Trustee Richard J. Samson, a deed
identical to that which is attached as Exhibit 1 of docket #240, no later
In re: John Patrick Stokes, Chap. 7 #09-6o265
Stipulation Page1of3
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536464
than July 1, 2010; and
b. the Trustee will not record or otherwise assert interest in the real property
without an FRBP 7001 proceeding; and
c. with the exception of the requirement to execute and turn over a deed as
provided in ,i 1 above, nothing in the Order or this proceeding will be
binding on Eli7.abeth Pickavance; and
d. nothing in the Order shall constitute an adjudication of any interest in the
real property; and
e. any party's right, claim, and interest to the real property shall be
unaffected by the Order; and
f. Elizabeth Pickavance shall withdraw her Motion to Intervene (docket
#270).
2. To the entry of an Order by the Court continuing the matters set forth in 1
2(b) of Trustee's Second Motion for Turnover of Assets to the July 15, 2010 Missoula
docket.
Dated: June 22, 2010
A'ITORNEYFOR TRUSTEE
/6/~,4,~
A'ITORNEYFORDEBTOR
A'ITORNEYFORELIZABETH PICKAVANCE
Original filed via ECF
In re: John Patrick Stokes, Chap. 7 #09-6o265
Stipulation Page2of3
Case 9:19-cv-00011-DWM
09-60265-RBK DocumentEntered:
Doc#: 285 Filed: 06/22/10 1-1 Filed 01/14/19
06/22/10 Page 117
15:11:58 Pageof3 183
of 3
536464
The followin,a have been served by ro,ui
John Patrick Stokes
12887 Raven Way
Bigfork, MT 59911
Debtor
CERTIFICATE OF SERVICE BY MAIL/ ECF
This document was served pursuant to FRBP 7004, 9001(8), 9013, 9014(b): 1) by mail, in
envelopes addressed to each of the parties at the addresses above; and/or 2) by elecb:onic
means, pursuant to LBR 7005-1, 9013-1(c) and 9036-1 on the parties noted in the C.Ourt's
ECF mmsmission facilities, on June 22, 2010. The undersigned declares, under penalty of
perjury pursuant to 28 USC § 1746, that the foregoing is true and correct.
Revised 6/22/2010 JHC
In re: John Patrick Stokes, Chap. 7 #09-60265
Stipulation Page3 of3
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, 09-60265-RBK Doc#: 337 Filed: 09/30/10 Entered: 09/30/10 12:53:46 Page 1 of 4
Richard J. Samson
CHRISTIAN, SAMSON & JONES, PLLC
Attorneys at Law
536464
310 W. Spruce St.
Missoula, Montana 59802
Telephone: (406) 721-7772
Fax: (406) 721-7776
E-mail: rjs@csjlaw.com
Attomeyl.D. No.: 1904
Chapter 7 Trustee
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MONTANA
INRE: )
)
JOHN PATRICK STOKES, ) Case No. 09-6026S-7
)
) NOTICE OF HEARING
Debtor. ) Date: November 4, 2010
) Time: 9:00 a.m.
) Location: Russell Smith Federal
) Courthouse Building,
) Bankruptcy Courtroom,
) 201 E. Broadway
) Missoula, Montana
TRUSTEE'S OBJECTION TO PROOF OF CLAIM AND NOTICE OF HEARING
Pursuant to F.R.B.P. 3007 and Mont LBR 3007-2, the undersigned Trustee respectfully
enters his objection to the Proof of Claim filed in the above-entitled case by HSBC Mortgage
Services ("HSBC"). The claim which is the subject of this objection is identified as Claim No. 1
on the Claims Register maintained in this case by the Cleric of the Bankruptcy Court. The
grounds for this objection are as follows:
1. The subject claim was filed by HSBC on March 20, 2009, in the total amount of
I
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, 09-60265-RBK Doc#: 337 Filed: 09/30/10 Entered: 09/30/10 12:53:46 Page 2 of 4
536464
$255,800.94. The subject claim is designated as a secured claim and indicates that the collateral
which provides security for the obligation is real estate.
2. Attached to the claim filed by HSBC is a Deed of Trust dated July 13, 1998 in
which the Debtor and his spouse are identified as the Gran.tors, Mark E. Noennig is identified as
the trustee and WMC Mortgage Corp., is identified as the Beneficiary. The Debtor and his
spouse executed the Deed of Trust on July 13, 1998. The Deed of Trust was recorded in Lake
County, Montana, on July 17, 1998. The Deed of Trust relates to certain real property held in the
name of the Debtor and his spouse located in Lake County, Montana. The Debtor and his spouse
continue to reside on the subject real property.
3. Also attached to the claim filed by HSBC is a Note, dated July 13, 1998. The
principal amount of the Note is $199,500.00 and is in favor ofWMC Mortgage Corp. The stated
interest rate on the note is 11.4900%. The Note was executed by the Debtor and his spouse.
4. Also attached to claim filed by HSBC is a single page with a stamped
endorsement which states: PAY TO THE ORDER OF
WITHOUT RECOURSE
WMC MORTGAGE CORP.
5. The endorsement i~ signed by Jose A. Mina who is identified as the "Asst.
Secretary''. There is no date on the stamped endorsement. HSBC is not identified as the
assignee of the Note from WMC Mortgage Corp.
6. By filing its claim in this case, HSBC can be assumed to be taking the position
that it is the holder of the Note initially executed in favor ofWMC Mortgage Corp. In order to
be the legal holder of the note, HSBC must show that it has transfer of possession of the note
(See, M.C.A. § 30-3-204(2). Stated differently, HSBC must demonstrate that it is in physical
2
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possession of the Note. 536464
7. Alternatively, HSBC must be able to demonstrate that the endorsement of the
Note from WMC Mortgage Corp. specifically identifies HSBC as the assignee of the Note. The
endorsement attached to the claim is in blank and, thus, constitutes a "blank indorsement''. (See,
M.C.A. § 30-3-204(3).
8. Under either of the above-identified scenarios, HSBC must be able to show that it
is the current bolder of the Note and has physical possession of the same.
9. Until such time as HSBC can demonstrate that it has physical possession of the
Note attached to its claim and is, thus, the Note holder, Trustee requests that the claim be
disallowed.
WHEREFORE, based on the foregoing, the Trustee respectfully requests that Proof of
Claim No. 1, filed in this case by HSBC Mortgage Services, be disallowed in its entirety.
DATED this 30th day of September, 2010.
CHRISTIAN, SAMSON & JONES, PLLC
By: Isl Richard J. Samson
Richard J. Samson
Chapter 7 Trustee
NOTICE OF HEARING
A hearing on the TRUSTEE'S OBJECTION TO PROOF OF CLAIM will be held
at the date, time and location set forth in the caption above, at which time you must appear
and respond to such Objection. If no response is timely made, the Court may grant the
Objeetion as a failure to appear shall be deemed an admission that tile Objection Is valid
ancl should be granted.
3
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CERTJFICATE OF SERVICE 536464
The undersigned does hereby certify that on the 30th day of September, 20 I0, a copy of
the foregoing Trustee's Objection to Proof of Claim and Notice of Hearing was duly mailed by
First Class Mail, postage prepaid or served via CMIECF to the following:
Office of the U.S. Trustee
(ViaECF)
Edward A. Mwphy
(ViaECF)
HSBC Mortgage Services
P. 0. Box21188
Eagan, MN 55121-4201
Isl Richard J. Samson
4
I \ Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 122 of 183
09-60265-RBK Doc#: 376 Filed: 02/21/12 Entered: 02/21/1217:47:35 Page 1 of 2
Richard J. Samson
CHRISTIAN, SAMSON & JONES, PLLC 536464
Attorneys at Law
310 West Spruce
Missoula, Montana 59802
Telephone: (406) 721-7772
Fax: (406) 721-7776
E-mail: rjs@csjlaw.com
Attomeyl.D. No.: 1904
Chapter 7 Trustee
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MONTANA
JNRE )
)
JOHN PATRICK STOKES, ) Case No. 09-60265-7
)
Debtor. }
NOTICE OF TRUSTEE'S MOTION TO APPROVE COMPROMISE SETTLEMENT
TO THE DEBTOR, CREDITORS AND PARTIES IN INTEREST:
PLEASE TAKE NOTICE that the Chapter 7 Trustee has filed with the Court his
Motion, pursuant to Bankruptcy Rule 9019, requesting the approval of proposed settlement
agreement entered between the Chapter 7 Trustee, as Plaintiff, and John Patrick Stokes, Pamela
J. Stokes and Elizabeth Pickavance, as Defendants. The settlement agreement relates to claims
alleged by the Trustee against the Defendants in Adversary Proceeding No. 11-00009.
The general terms and conditions of the proposed settlement agreement which the parties
have agreed to are as follows:
(a) Defendant John Stokes and Pamela Stokes will pay to the Trustee, for the benefit
of czeditors of this estate, the cash sum of $10,295.00 within one (1) year of Court
approval of the settlement agreement between the parties. The amount owing to
the estate will be secured by a Consensual Judgment which the Trustee may
enforce if the settlement amount is not paid in the one year period;
(b) The total amount of the Settlement Agreement shall be allocated with $8,000
treated as a settlement of the litigation involving the Raven Way property (the
Debtor's cUITent residence) and the remaining sum of $2,295.00 allocated for the
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 123 of 183
09-60265-RBK Doc#: 376 Filed: 02/21/12 Entered: 02/21112 17:47:35 Page 2 of 2
536464
Debtor's purchase of non-exempt equity in various items of personal property;
( c) Defendant Elizabeth Pickavance will dismissed without prejudice from Adversary
Proceeding No. 11/00009 and that dismissal will become a dismissal with
prejudice at the time she transfers any interest she has in the Raven Way property
to Pamela J. Stokes.
Trustee believes the proposed settlement is fair and equitable and is in the estate's best
interest at this time. A copy of the Trustee's motion to approve the proposed settlement with the
Defendants will be made available to any party requesting a copy thereof from the Trustee within
five (5) business days of a request for the same.
DATED this 21st dayofFebruary, 2012.
By: Isl Richard J. Samson
Richard J. Samson
Chapter 7 Trustee
NOTICE OF OPPORTUNITY TO RESPOND AND REQUEST HEARING
ff you object t.o the Trustee's motion, you must ftle a written responsive pleading and
request a hearing within fourteen (14) days of the date of thit Notfce. TIie .responding
party shall schedule the hearing on the objection to the motion at least twenty one (21) days
after the date of the response and request for hearing and shall include in the caption of the
responsive pleading in bold and conspicuous print the date, time and location of the
hearing by inserting In the caption the following Information:
NOTICE OF HEARING
Date:
------
Time:
------
Location:_ _ _ __
Hno objections are timely ffled, the Court may grant the relief requested as a failure to
respond by any creditor or party in interest shall be deemed an admission that the relief
requested by the Trustee should be granted.
DATED this 21st dayofFebruary, 2012.
By: Isl Richard J. Samson
Richard J. Samson
Chapter 7 Trustee
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 124 of 183
· ' 09-60265-RBK Doc#: 380 Filed: 03/12/12 Entered: 03/12/12 10:48:47 Page 1 of 2
536464
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MONTANA
INRE )
)
JOHN PATRICK STOKES, ) Case No. 09-60265-7
)
Debtor. )
ORDERAPPROVINGSETTLEMENT
At Butte in said District this 12th day of March, 2012.
Before the Court is the motion of the Chapter 7 Trustee, through counsel, filed on
February 21, 2012 (Docket No. 375), requesting the Court's approval of a Settlement Agreement
entered into between the Trustee, as Plaintiff, and John Stokes, Pamela Stokes and Elizabeth
Pickavance, all as Defendants. The proposed Settlement Agreement arises in the context of
Adversary Proceeding No. 11-00009 and fully and finally resolves all claims the Trustee may
have against the settling Defendants. Notice of the Trustee's motion to approve the proposed
settlement agreement was served on all parties entitled to notice and no objections to the
Trustee's motion have been filed with the Court. Based on the Court's review of the Trustee's
motion and the Settlement Agreement attached thereto, the Court finds the proposed settlement
agreement is fair and equitable, in the estate's best interest pursuant to Rule 9019(a), F.R.B.P.,
and therefore, good cause appearing,
IT IS ORDERED the Trustee's Motion for Approval of Compromise Settlement, filed
l
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on February 21, 2012, is GRANTED, and the Parties shall henceforth be bound by and shall
comply with all terms and conditions contained in the executed Settlement Agreement attached
to the Trustee's motion filed in this case.
BYTHECOURT
,fu I> ~vW
HON. ilALPH B.RSCHER
U.S. Bankruptcy Judge
United States Bankruptcy Court
District of Montana
536464
2
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 126 of 183
EXHIBIT#
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 127 of 183
560425 MISC l?a.qa,: 2
ST.A.TE or MON'I'J,HA LAKE COUNTY
RECORDED: 01/31/2018 10:28 KCI: MISC
PAULA. A HOT...U: CURK .Alm,,,-,:CORDJ:a
m: 04,00 BY: k:lac, 2a Q :ffrrE2g C
to:
After recording mail to:
John P. Stokes
12887 Raven Way
Bigfork Montana 59911
406 837 2283
TRUSTEE'S DEED DATED AUGUST 18, 2016 IS
VOID
The Trustee's Deed made August 18, 2016, Document# 549930, or any ti.me there after is null
and void. At no time was First American Title Company of Montana, Inc a lawful Successor
Trustee and had no power of sale. LSF8 Master Participation Trust's interest was acquired by
fraud and forgery. LSF8 Master Participation Trust at no time had any lawful interest or
authority to appoint or assign or authority to sell the following property situated at 12887 Raven
· Way Bigfork, Montana in Lake County, Montana descnoed as follows:
THE NORTII HALF OF SOUTHWEST QUARTER OF THE SOUTHEAST
·QUARTER (N 1/2SW1/4SE1/4 Section 12, Township 26 North, Range 19 West
PM.M, of the Jewel View Land Subdivision, Lake County, Montana
Subject to and together with a 60-foot private road and utility easement with a 50
foot radius cul-de-sac as indicated on Certificate of Survey Number 5068.
Any interest clahned by the above named parties or HFC II, came about by forging and
fabricating documents in violation of State and Federal Statues, Code and law. Any and all
parties who deal with in any way the described property are deemed to have knowledge of
the Forgeries (Four Forgeries and Fabrications) and are subject to Federal RICO suit of actual
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 128 of 183
560426
and treble damages, and criminal penalties. Including any and all sign.ors, representatives,
clerks or notary publics of the above named.
This also applies to all attorneys -who many way assist or represent the above named parties
and all individuals representing corporations or LLC's or private parties, their successors or
assigns.
Felony Forgery is a criminal offense and punishable by fine and prison.
Therefore all parties and all persons dealing with this property in any v-.ray or acquiring any
unlawful interest in the above said legally described real estate are hereby given NOTICE
TRUSTTEE'S DEED IS VOID, as additionally any subdivision of said parcel and take any
interest subject to action at the:ir own risk and become a party and take on all liability as if
named herein.
Said Trustee's Deed was made without any representation or \V&Iallty, including warranty of
Title, expressed or implied, as the unlawful sale was made strictly on a as is where is ha.sis.
The above named parties at all times knew the documents were forged.
John P. Stokes
12887 Raven Way
Bigfork Montan.a 59911
406 8372283
State of Montana
- County of~~~
On this day January 29, 2018 Jobn Stokes personally appeared in front of me, a notary
public in and for said County and State personally appeared Jobn Stokes known to me to be
the person whose name is subscnoed to the foregoing instrument and acknowledged to me
that he executed same.
PAMELA STODDARD
NOTARY PUBUC for the
State of Montana
Residing at Bigfork, Montana
My Commission Expires
March 15, 2020
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 129 of 183
EXHIBIT#
Date: 4/18/2017 Lake County
Case 9:19-cv-00011-DWM District 1-1
Document Court Filed 01/14/19 Page 130
User:of 183
MR_Etp'ft°£ D
Time: 10:19 AM Case Register Report
=>age 1 of 4 DV-24-2014-0000223-0C 04/20/2017
. 'EaSmitli
· STOKES, et al. vs. FIRST AMERICAN TITLE COMPANY OF MONTANA, IN CLERK OF THE SUPREME COURT
STATE OF MONTANA
Case Number: DA 17-0161
Filed: 10/7/2014
Subtype: Civil-Other
Status History
Open 10/7/2014
Closed 12/15/2016
Reopened 12/21/2016
Plaintiffs
Pl. no.1 STOKES, JOHN P
Attorneys
EVANS, MARK L. {No longer on case) Do Not Send Notices
PROSE, (Primary attorney) Send Notices
Pl. no.2 STOKES, PAMELA J
Attorneys
EVANS. MARK L. (No longer on case) Do Not Send Notices
Defendants
Def. no. 1 FIRST AMERICAN TITLE COMPANY OF MONTANA, INC
Attorneys
HURSH, BENJAMIN P., (No longer on case) Do Not Send Notices
COFFMAN, DANIELLE AR., (Primary attorney) Send Notices
Def. no. 2 Us Bank Trust As Trustee
Attorneys
LILLY, MICHAEL J., (Primary attorney) Send Notices
Def. no. 3 LSF8 MASTER PARTICIPATION TRUST,
Judge History
Date Judge Reason for Removal
10/7/2014 Manley, James A Current
Register of Actions
Doc. Seq. Entered Filed Text Judge
1.000 10/07/2014 10/07/2014 Verified Complaint and Demand for Jury Trial ·and Manley, James A
Summons issued {First American Title Company
of Montana, LSF8 Master Participation Trust, US
Bank Trust, NA, as trustee for LSF8 Master
Participation Trust)
2.000 10/07/2014 10/07/2014 Motion for Temporary Restraining Order Manley, James A
3.000 10/08/2014 10/08/2014 Order Manley, James A
4.000 10/19/2015 10/19/2015 Amended Complaint Manley, James A
5.000 10/19/2015 10/19/2015 Renewed Motion for Temporary Restraining Order Manley, James A
6.000 10/30/2015 . 10/30/2015 temporary restraining order and order to show Manley, James A
cause issued on October 29, 2015
7.000 11/04/2015 11/0412015 Minute Entry Manley, James A
8.000 11/05/2015 11/05/2015 Order vacating temporary restraining order Manley, James A
9.000 11/30/2015 11/30/2015 Certificate of Costs and Return of Service Manley, James A
10.000 11/30/2015 11/30/2015 Affidavit of Process Server Manley, James A
Date: 4/18/2017 Case 9:19-cv-00011-DWM Document
Lake County District 1-1
CourtFiled 01/14/19 Page 131 of 183
User: MRENSVOLD
Time: 10:19 AM Case Register Report
Page 2 of 4 DV-24-2014-0000223-OC
· STOKES, et al. vs. FIRST AMERICAN TITLE COMPANY OF MONTANA, IN
Register of Actions
Doc. Seq. Entered Filed Text Judge
11.000 12/03/2015 12/03/2015 Notice of Appearance Manley, James A
12.000 04/04/2016 04/04/2016 Notice of lis pendens Manley, James A
13.000 04/14/2016 04/14/2016 Motion to withdraw as counsel of record Manley, James A
14.000 05/03/2016 05/03/2016 Order Authorizing Withdrawal of Counsel Manley, James A
15.000 05/16/2016 05/12/2016 {Copy) Summons & Return: US Bank Bank Trust, Manley, James A
N.A.; First American Title Co.; No Service on
LSF8 Master Participation Trust
16.000 05/16/2016 05/12/2016 Plaintiffs Request for Entry of Default Manley, James A
17.000 05/16/2016 05/12/2016 Entry of Default Manley, James A
18.000 05/18/2016 05/18/2016 Defendant US Bank Trust's Notice to Proceed Manley, James A
19.000 05/23/2016 05/23/2016 Summons Returned (3) Manley, James A
20.000 06/15/2016 06/15/2016 Affidavit of John P. Stokes Manley, James A
21.000 06/15/2016 06/15/2016 Affidavit of Pamela J. Stokes Manley, James A
22.000 06/21/2016 06/21/2016 Order of Abeyance Manley, James A
23.000 06/27/2016 06/27/2016 Notice of appearance Me M~nley, James A
fR 24.000 07/05/2016 07/05/2016 Motion to reconsider order of abeyance Manley, James A
~Q- ~5.000 07/18/2016 07/18/2016 Defendant US Bank Trust's Response to Order of Manley, James A
Abeyance
.,.if, 26.000 07/26/2016 07/26/2016 Order Setting Hearing on Default {8/10/16 11
a.m.)
Manley, James A
~~L,
' '1 t-"'-- 27.000 07/28/2016 07/28/2016 Defendant U.S. Bank Trust, N.A., as Trustee for Manley, James A
\ LSF8 Master Participation Trust's Motion to Set
) Aside Default
28.000 07/28/2016 07/28/2016 Brief in Support of Defendant U.S. Bank Trust, Manley, James A
N.A., as Trustee for LSF8 Master Participation
Trust's Motion to Set Aside Default
29.000 07/28/2016 07/28/2016 Affidavit of Michael J. Lilly Manley, James A
30.000 07/28/2016 07/28/2016 Notice of Entry of Appearance Manley, James A
31.000 07/29/2016 07/29/2016 First American Title Company of Montana, Inc. 's Manley, James A
Motion to Set Aside Entry of Default and Brief in
Support
32.000 07/29/2016 07/29/2016 Affidavit of Phil E. DeAngeli in Support of First Manley, James A
American Title Company of Montana, Inc. 's
Motion to Set Aside Entry of Default
33.000 08/10/2016 08/10/2016 Minute Entry Manley, James A
34.000 08/16/2016 08/16/2016 Notice of Dismissal of Bankruptcy Proceedings Manley, James A
and Submission of Proposed Order Setting Aside
Entry of Default
35.000 08/17/2016 08/17/2016 Order Setting Aside Entry of Default Manley, James A
36.000 08/29/2016 08/29/2016 Defendant U.S. Bank Trust, N.A. as Trustee for Manley, James A
LSF8 Master Participation Trust's answer to
Plaintiff's Amended Complaint
37.000 09/01/2016 09/01/2016 Plaintiff's Request to Vacate Order Manley, James A
38.000 09/07/2016 09/07/2016 First American Title Company of Montana, lnc.'s Manley, James A
Motion to Dismiss and Incorporated Supporting
Brief
Date: 4/18/2017 Case 9:19-cv-00011-DWM Document
Lake County District 1-1
CourtFiled 01/14/19 Page 132
User:of 183
MRENSVOLD
Time: 10:19 AM ~ ~
Case Register Report
Page 3 of 4 DV-24-2014-0000223-OC
· STOKES, et al. vs. FIRST AMERICAN TITLE COMPANY OF MONTANA, IN
Register of Actions
Doc. Seq. Entered Filed Text Judge
39.000 09/08/2016 09/08/2016 Plaintiffs Motion for Order to Show Cause for Manley, James A
Damages for Violating 11 ·USC 262
40.000 09/12/2016 09/12/2016 Plaintiffs Typo Correction to Motion for Order to Manley, James A
Show Cause for Damages for Violating 11 use
262
41.000 09/15/2016 09/15/20~6 Defendant U.S. Bank Trust, N.A. as Trustee for Manley, James A
LSF8 Master Participation Trust's Response to
Plaintiffs Motion to Show Cause
42.000 09/16/2016 09/16/2016 First American Title Company of Montana, Inc. 's Manley, James A
Combined Response to Plaintiffs Request to
Vacate Order and Motion to Show Cause and
lncoporated Supporting Brief
43.000 09/19/2016 09/19/2016 Response to Motion to Dismiss Request for Manley, James A
Award of Damages
44.000 09/20/2016 09/20/2016 Plaintiffs Response to Defendant's Pleadings Manley, James A
45.000 10/03/2016 10/03/2016 Motion for Summary Judgment Manley, James A
46.000 10/03/2016 10/03/2016 Brief in Support of Motion for Summary Judgment. Manley, James A
47.000 10/03/2016 10/03/2016 Affidavit of Michael J. Lilly ·Manley, James A
·48.000 10/03/2016 10/03/2016 Reply in Support of First American Title Company Manley, James A
of Montana, Inc.'s Motion to Dismiss
49.000 10/12/2016 10/12/2016 Judicial Notice of Facts Manley, James A
50.000 10/21/2016 10/21/2016 us bank trust na as trustee for lsf8 master Manley, James A
participation trusts response to judicial notice of
facts dated october 11, 2016
51.000 10/25/2016 10/25/2016 Demand for Judgment Manley, James A
52.000 10/26/2016 10/26/2016 First American Title's Motion to Strike Plaintiffs Manley, James A
Judicial Notice of Facts
53.000 10/27/2016 10/27/2016 Emergency Contempt of Court Willful Violation of Manley, James A
Courts Order of Abeyance
54.000 10/28/2016 10/28/2016 Order Setting Hearing Date on Pending Motions Manley, James A
{11/21/16)
55.000 11/03/2016 11/03/2016 first american title's motion to strike plaintiffs Manley, James A
demand for judment ad emergency contempt of
court
55.500 11/29/2016 11/21/2016 Minute Entry Manley, James A
56.000 11/29/2016 11/29/2016 Reporter's Transcript {11/21/16) Manley, James A
57.000 11/29/2016 11/29/2016 Order Manley, James A
58.000 12/14/2016 12/14/2016 Notice of Submission of Proposed Order Manley, James A
59.000 12/16/2016 12/15/2016 Order Manley, James A
60.000 12/20/2016 12/20/2016 Notice of Entry of Order Dismissing Plaintiffs' Manley, James A
Complaint and Granting Summary Judgment
61.000 12/21/2016 12/21/2016 Motion for Default Judgment Order Against LSF8 Manley, James A
Master Participation Trust
62.000 01/03/2017 · 01/03/2017 Plaintiff's Motion to Vacate Order Manley, James A
63.000 01/03/2017 01/03/2017 Plaintiff's Motion for Injunction/Stay Manley, James A
64.000 01/06/2017 01/06/2017 Order of abeyance Manley, James A
Date: 4/18/2017 Lake County
Case 9:19-cv-00011-DWM District 1-1
Document User:of 183
Court Filed 01/14/19 Page 133 MRENSVOLD
nme: 10:19 AM Case Register Report
:>age4 of 4 DV-24-2014-0000223-OC
' STOKES, et al. vs. FIRST AMERICAN TITLE COMPANY OF MONTANA, IN
Register of Actions
Doc. Seq. Entered Filed Text Judge
65.000 01/17/2017 01/17/2017 Certificate of Service Manley, James A
66.000 01/18/2017 01/18/2017 Plaintiffs Motion for Default Judgment Against Manley, James A
LSF8 Master Participation Trust; Addendum:
Newly Discovered Evidence
67.000 01/25/2017 01/25/2017 First American Title Company of Montana, lnc.'s Manley, James A
Response to "Motion for Injunction/Stay"
68.000 01/25/2017 01/25/2017 First American Title Company of Montana, Inc's Manley, James A
Brief Opposing Motion to Vacate Order
69.000 01/25/2017 01/25/2017 First American Title Company of Montana, lnc.'s Manley, James A
Response to Plaintiffs' Motion for Default
Judgment Order Against LSF8 Master
Participation Trust
70.000 01/30/2017 01/30/2017 Brief in Opposition to Motion for Injunction/Stay, Manley, James A
Motion to Vacate Order, and Matin for Default
Judgment Order Against LSF8 Master-
Participation Trust
71.000 02/03/2017 02/03/2017 Plaintiffs Response & Certificate of Service Manley, James A
72.000 02/28/2017 . 02/28/2017 Order denying-motions Manley, James A
73.000 03/13/2017 03/13/2017 Notice of Appeal Manley, James A
74.000 03/20/2017 03/20/2017 Notice of Appeal Manley,• James A
75.000 03/21/2017 03/21/2017 Notice of Filing from Supreme Court (copy) Manley, James A
76.000 04/18/2017 04/18/2017 Record on Appeal Sent to Supreme Court Manley, James A
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 134 of 183
EXHIBIT# lf
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 135 of 183
CLERK DF THE
DISTRICT COURT
Lynn Fricker LYN FRICKER
1Q6 -4th Ave. E cf.16 fl I
Polson, MT 59860-2125
883-7254; 883-7343 fax
IN THE TWENTIETH DISTRICT COURT
OF LAKE COUNTY, STATE OF MONTANA
JOHN P. STOKES and PAMELA J.
STOKES. )
)
Plaintiffs ) ENTRY OF DEFAULT
)
vs ) Case No. DV-14-223
FIRST AMERICAN TITLE COMPANY )
OF MONTANA, INC. a Montana )
Corporation; and US BANK TRUST, N.A. )
As trustee for LSF8 MASTER )
PARTICIPATION TRUST )
)
Defendant(s) )
Pursuant to the Request for Entry of Default filed herein, by Plaintiffs, JOHN P. STOKES and
PAMELA J.STOKES. and there being no appearance by or on behalf of the Defendants in
response to the Complaint within the time allowed by law, or at all, the Default of the Defendant
FIRST AMERICAN TITLE COMPANY OF MONTANA, INC. a Montana Corporation; and
Md
LSFS MASTER PARTICIPATION TRUST, DEFAULT is hereby entered.
Dated this/~ dayof .204-.
,,,uu,,,,,
,,,,, otSTJ.?~ 11,,
,, 'f:.J~' ••.•• ··~-. CJ- ",
~~ •• \,.Ak~·-. oQ,,_. Lynn Fricker, Clerk of District Comt
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,,, ~~~.....
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. ,~' D Clerk
1
Entry ofDmult, />ij6 ~1M\
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 136 of 183
EXHIBIT# 5
09-60265-RBK Doc#: 337 Filed: Document
Case 9:19-cv-00011-DWM 09/30/10 1-1
Entered:
Filed09/30/10
01/14/1912:53:46 Page
Page 137 1 of 4
of 183
Richard J. Samson
CHRISTIAN, SAMSON & JONES, PLLC
Attorneys at Law
310 W. Spruce St.
Missoula, Montana 59802
Telephone: (406) 721-7772
Fax: (406) 721-7776
E-mail: rjs@csjlaw.com
Attorney I.D. No.: 1904
Chapter 7 Trustee
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MONTANA
INRE: )
)
JOHN PATRICK STOKES, ) Case No. 09-60265-7
)
) NOTICE OF HEARING
Debtor. ) Date: November 4, 2010
) Time: 9:00 a.m.
) Location: Russell Smith Federal
) Courthouse Building,
) Bankruptcy Courtroom,
) 201 E. Broadway
) Missoula,Montana
TRUSTEE'S OBJECTION TO PROOF OF CLAIM AND NOTICE OF HEARING
Pursuant to F.R.B.P. 3007 and Mont. LBR 3007-2, the undersigned Trustee respectfully
enters his objection to the Proof of Claim filed in the above-entitled case by HSBC Mortgage
Services ("HSBC"). The claim which is the subject of this objection is identified as Claim No. 1
on the Claims Register maintained in this case by the Clerk of the Bankruptcy Court. The
grounds for this objection are as follows:
I. The subject claim was filed by HSBC on March 20, 2009, in the total amount of
1
09-60265-RBK
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9:19-cv-00011-DWM Entered:
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Page 138 of 2183
of 4
$255,800.94. The subject claim is designated as a secured claim and indicates that the collateral
which provides security for the obligation is real estate.
2. Attached to the claim filed by HSBC is a Deed of Trust dated July 13, 1998 in
which the Debtor and his spouse are identified as the Grantors, Mark E. Noennig is identified as
the trustee and WMC Mortgage Corp., is identified as the Beneficiary. The Debtor and bis
spouse executed the Deed of Trust on July 13, 1998. The Deed of Trust was recorded in Lake
County, Montana, on July 17, 1998. The Deed of Trust relates to certain real property held in the
name of the Debtor and his spouse located in Lake County, Montana. The Debtor and bis spouse
continue to reside on the subject real property.
3. Also attached to the claim filed by HSBC is a Note, dated July 13, 1998. The
principal amount of the Note is $199,500.00 and is in favor ofWMC Mortgage Corp. The stated
interest rate on the note is 11.4900%. The Note was executed by the Debtor and bis spouse.
4. Also attached to claim filed by HSBC is a single page with a stamped
endorsement which states: PAY TO THE ORDER OF
WITHOUT RECOURSE
WMC MORTGAGE CORP.
5. The endorsement is signed by Jose A. Mina who is identified as the "Asst.
Secretary''. There is no date on the stamped endorsement. HSBC is not identified as the
assignee of the Note from WMC Mortgage Corp.
6. By filing its claim in this case, HSBC can be assumed to be taking the position
that it is the holder of the Note initially executed in favor of WMC Mortgage Corp. In order to
be the legal holder of the note, HSBC must show that it has transfer of possession of the note
(See, M.C.A. § 30-3-204(2). Stated differently, HSBC must demonstrate that it is in physical
2
C9-60265-RBK
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Page 139 of 3 of 4
183
possession of the Note.
7. Alternatively, HSBC must be able to demonstrate that the endorsement of the
Note from WMC Mortgage Corp. specifically identifies HSBC as the assignee of the Note. The
endorsement attached to the claim is in blank and, thus, constitutes a "blank indorsement". (See,
M.C.A. § 30-3-204(3).
8. Under either of the above-identified scenarios, HSBC must be able to show that it
is the current holder of the Note and has physical possession of the same.
9. Until such time as HSBC can demonstrate that it has physical possession of the
Note attached to its claim and is, thus, the Note holder, Trustee requests that the claim be
disallowed.
WHEREFORE, based on the foregoing, the Trustee respectfully requests that Proof of
Claim No. 1, filed in this case by HSBC Mortgage Services, be disallowed in its entirety.
DATED this 30th day of September, 2010.
CHRISTIAN, SAMSON & JONES, PLLC
By: Isl Richard J. Samson
Richard J. Samson
Chapter 7 Trustee
NOTICE OF HEARING
A hearing on the TRUSTEE'S OBJECTION TO PROOF OF CLAIM will be held
at the date, time and location set forth in the caption above, at which time you must appear
and respond to such Objection. H no response is timely made, the Court may grant the
Objection as a failure to appear shall be deemed an admission that the Objection is valid
and should be granted.
3
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183
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on the 30th day of September, 2010, a copy of
the foregoing Trustee's Objection to Proof of Claim and Notice of Hearing was duly mailed by
First Class Mail, postage prepaid or served via CM/ECF to the following:
Office of the U.S. Trustee
(ViaECF)
Edward A. Murphy
(ViaECF)
HSBC Mortgage Services
P. 0. Box 21188
Eagan, NIN 55121-4201
Isl Richard J. Samson
4
09-60265-RBK
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Filed 10:46:19
01/14/19 Page
Page 141 of 1 of 2
183
Richard J. Samson
CHRISTIAN, SAMSON & JONES, PLLC
Attorneys at Law
310 W. Spruce
Missoula,Montana 59802
Telephone: (406) 721-7772
Fax: (406) 721-7776
E-mail: rjs@csjlaw.com
Attorney LD. No.: 1904
Chapter 7 Trustee
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MONTANA
INRE )
)
JOHN PATRICK STOKES, ) Case No. 09-60265-7
)
Debtor. )
NOTICE OF WITHDRAWAL OF OBJECTION TO PROOF OF CLAIM:
COMES NOW the Chapter 7 Trustee, Richard J. Samson, and hereby gives notice of the
withdrawal of his Objection to the Proof of Claim of HSBC Mortgage Services, Inc., filed with
the Court on September 30, 2010 (Docket No. 337). The withdrawal of the subject Objection to
the Creditor's Proof of Claim is intended to be without prejudice and Trustee specifically
reserves the right to reassert his objection at a subsequent time. No response to the pending
Objection has been filed by the Creditor.
Dated this 3rd day of November, 2010.
CHRISTIAN, SAMSON & JONES, PLLC
By: Isl Richard J. Samson
Richard J. Samson
Chapter 7 Trustee
09-60265-RBK
Case Doc#: 350 Filed: 11/03/10
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Page 142 of 2
183of 2
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on the 3rd day of November, 2010, a copy
of the foregoing NOTICE OF WITHDRAWAL OF OBJECTION TO PROOF OF CLAIM
was duly mailed by First Class Mail, postage prepaid, at Missoula, Montana, or served via
CMJECF, to the following:
Office of the U.S. Trustee
(ViaECF)
Edward A. Murphy
(ViaECF)
Joe M. Lozano, Jr.
(ViaECF)
Isl Richard J. Samson
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 143 of 183
EXHIBIT# ~
09-60265-RBK
Case Doc#: 459 Filed: 12/03/12
9:19-cv-00011-DWM Entered:
Document 1-1 12/03/12
Filed 17:39:56
01/14/19 Page
Page 144 of 1183
of 3
Edward A. Murphy
MURPHY LAW OFFICES, PLLC
P.O. Box 2639
Missoula, MT 59806
Phone: (406)728-2671
Fax: (866)705-2260
Email: rusty@murphylawoffices.net
Attorney No. 1108
Attorney for Debtor
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MONTANA
In.re: Case No. 09-60265
Notice of Hearing
JOHN PATRICK STOKES, Date: December 6, 2012
Time: 10:00 a.m.
Debtor. Place: Russell Smith Courthouse
Missoula, Montana
OBJECTION TO MOTION TO MODIFY STAY
Comes now the Debtor and objects to the motion to modify stay filed by Household
Finance Corp. IL There appears to have been an alteration in the endorsement on the note, and
there are other filings in this case that are inconsistent with the contention that the holder oftbe
note is Household Finance Corp. lI. The endorsement on page 18 of the motion is different from
the endorsement of the same note which is attached to proof of claim no. 1, page 14. In the proof
of claim there is no indication of who it was endorsed to, but the proof of claim was filed by
HSBC Mortgage Services, so evidently it was claiming ownership of the note. The motion is
filed by Household Finance II and the endorsement has been changed, although what was added
was Household Finance Corp. III, not IL There is no evidence of an assignment from HSBC
Mortgage Services, which after all signed the proof of claim under penalty of presenting a false
claim, and Household Finance ill or II or whatever.
09-60265-RBK
Case Doc#: 459 Filed:Document
9:19-cv-00011-DWM 12/03/12 1-1
Entered:
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Page 145 of 2
183of 3
On the basis of the record in this case the Court should deny the motion to modify stay.
Further, if there is any chance of negotiating a modification, it would be nice to know who
actually owns the note.
Dated this 3n1 day of December, 2012.
MURPHY LAW OFFICES, PLLC
ls/Edward A. Murphy
CERTIFICATE OF SERVICE
I hereby certify under penalty of perjury that on the 3n1 day of December, 2012, I served a
true copy of the foregoing Objection to Motion to Modify Stay in the manner indicated on the
following persons:
Jason Henderson
viaECF
ls/Edward A. Murphy
0~-60265-RBK
Case Doc#: 459 Filed: 12/03/12
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Filed 17:39:56
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Page 146 of 3 of 3
183
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 147 of 183
EXHIBIT# 7
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 148 of 183
CALIBER
HOME LOANS
August 21, 2014
John and Pamela Stokes
12887 Raven Way
Bigfork MT 59911
SentVia USPS#: 70140150000023667965
Re: Loan Number: 9802240094
Dear Mr. Stokes,
Caliber Home Loans, Inc. ("Caliber"), servicer of the above-referenced loan, provides this response
to your letter received by Caliber on August 12, 2014, which was characterized as a Qualified
Written Request ("QWR"), wherein you state this is your fourth (4) request to receive information
regarding the fees, costs and escrow accounting on the loan.
Loan Information
• The prior servicer was Household Finance, Inc.
• Caliber became the servicer of the loan on September 1, 2013.
• The loan is due for the May 1, 2009 and subsequent payments.
• The last payment received was on September 8, 2009.
• Due to the delinquency of the Joan, the property was referred to foreclosure on February 10,
2014.
• A sale date has been set for October 10, 2014.
Previous Requests
According to our records on January 2, 2014 we received correspondence from you, wherein you
contended the title to the property was given to the clerk of the county per a Bankruptcy ruling. We
responded to you as set forth in our correspondence dated February 5, 2014 (copy endosed).
Please note we have no record of receiving any other requests from you as stated in your
correspondence.
QWR Response
1. Please refer to the enclosed copy of your note, mortgage and assignments.
2. Our records indicate the loan originated with WMC Mortgage Corp. on July 13, 1998 with an
original principal amount of $199,500.00.
3. The information sought in this request is proprietary information and will not be disclosed
. ~ 4. The Investor of the loan is Vericrest Opportunity Lending Trust 2013 NPL5. The address is -(,__
~/ 2711 N. Haskell Avenue, Suite 1700 Danas TX 75204.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 149 of 183
CALIBER
HOME LOANS
John Stokes
8/21/14
Page 2
5. The information sought in this request is proprietary information and will not be disclosed.
Please note the origination documents are held ant an off-site secured location with the
respective custodian of records.
6. The information sought in this request is proprietary information and will not be disclosed.
Please note the origination documents are held ant an off-site secured location with the
respective custodian ofrecords.
7. The information sought in this request is proprietary information and will not be disclosed.
Please note the origination documents are held ant an off-site secured location with the
respective custodian ofrecords.
8. Caliber· Home Loans is the servicer of your loan. Our address is 13801 Wireless Way
Oklahoma City OK73134. Our phone number is 1-800-401-6587
9. This loan is not registered with MERS
10. The information sought in this request is proprietary information and will not be disclosed.
11. Please refer to the enclosed copy of Assignments
12. Please refer to the enclosed payment history.
13. Please refer to the enclosed fee breakdown.
14. Our records indicate the loan does not have an escrow account included.
15. Yes.
16. Please refer to the enclosed fee breakdown for your loan. The request for the relation of the
insurance company to Caliber, the amount of commission received for each force-placed
insurance event is proprietary information and will not be disclosed.
17. Please refer to the enclosed payment history.
18. Please refer to the enclosed fee breakdown.
19. Please refer to the enclosed copy of your Note Page 3 paragraph 7 titled "Protection of
Lender's Rights".
20. Property inspections are proprietary information and will not be provided.
21. Please refer to the enclosed payment history.
22. Please refer to the enclosed payment history.
23. According to our records there have been no modifications executed on the loan.
24. Please refer to the enclosed payoff quote good for 30 days.
25. Please refer to the enclosed letters.
26. The information sought in this request does not appear to relate to any allegations regarding
errors in the loan or to concerns set forth in your complaint.
27. The information sought in this request does not appear to relate to any allegations regarding
errors in the loan or to concerns set forth in your complaint.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 150 of 183
EXHIBIT# ?5
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 151 of 183
HSBC~
September 3, 2014
~Beneficial®
Member HSBC ID Group
Member HSBC {I} Group
Mike Palzes
Montana Department of Justice
Attorney General's Office
Department of Consumer Protection & Victim Services
2225 11 th A venue
Helena, MT 59620-0151
Via Facsimile# (406)442-2174
RE: Borrower: John Stokes
Account Number: 1938851
Dear Mr. Palzes:
Thank you for the opportunity to respond to the inquiry submitted to your office by John Stokes,
which Household Finance Corporation II (HFC) received on August 18, 2014. We reviewed the
concerns set forth in Mr. Stokes' correspondence regarding the "cancellation of mortgage" and
further detail of our response is indicated below.
After a thorough review, our records indicate that on March 4, 2009, Mr. Stokes filed a Chapter
13 Bankruptcy, which was converted into a Chapter 7 Bankruptcy. Our records reflect that Mr.
Stokes filed an Adversary Case# 11-00009; that included HSBC; however, claims against HSBC
were dismissed on July 25, 2011. For your review, we have enclosed Bankruptcy Court
document dated July 25, 2011.
In review of the enclosed settlement document provided by Mr. Stokes, HSBC is not listed as
part of the settlement agreement; therefore, Mr. Stokes was discharged from the repayment of his
debt with HSBC; however, we held a valid lien that was transferrable.
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 152 of 183
EXHIBIT#
7-759-55140-000004 9-001-000-000-000-000
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 153 of 183
JOHN P STOKES
PAMELA J STOKES
12887 RAVEN WAY
BIGFORK MT 59911-7346
NOTICE OF SALE OF OWNERSHIP OF MORTGAGE LOAN
Under federal law, borrowers arc required to be notified in writing whenever ownership of a mortgage loan secured by
their principal dwelling is sold, transferred or assigned (collectively, "sold") to a new owner. This Notice is to infonn
you that the prior owner has sold your loan (described below) to LSF8 Master Participation Trust, the new owner on
August 01, 2013. The assignment, sale or transfer of the mortgage loan does not affect any term or condition of the
mortgage instruments or the servicing of your mortgage loan.
NOTE: While LSF8 Master Participation Trust now owns your loan, it is not the servicer of your loan. The
servicer (identified below) acts on the new owner's behalf to handle the ongoing administration of your loan,
including the collection of mortgage payments. Please continue to send your mortgage payments as directed by the
servicer, and NOT to the new owner. Payments sent to the new owner and not to the servicer may result in late
charges and your account becoming past due. Neither the new owner nor the servicer is responsible for late
charges or other consequences of any misdirected payment. If the servicing of your mortgage loan is transferred,
you will receive a separate notice as required by law.
Should you have any questions regarding your loan, please contact the servicer using the contact information
below. The servicer is authorized to handle routine inquiries and requests regarding your loan and, if necessary,
to inform us of your request and communicate to you any decision ·with respect to such request.
LOAN INFORMATION
Date of Loan: July 13, 1998
Account Number: 9802240094
Original Amount of Loan: $199,500.00
Date Your Loan was Sold to the New Owner: August 01, 2013
Address of Mortgaged Property: 820 RED OWL ROAD, BIGFORK MT 59911
SERVICER INFORMATION
Name: Caliber Home Loans, Inc.
Payment Mailing Address: P.O.Box 24330, Oklahoma City, OK 73134
Correspondence Address: 13801 Wireless Way, Oklahoma City, OK 73134
Telephone Number (Toll free): 1-800-401-6587
Business Hours: 8:00 a.m. - 6:00 p.m., Central Time, Monday through Friday
Website: www.caliberhomeloans.com
NEW OWNER INFORMATION
Name: LSF8 Master Participation Trust
Mailing Address(not for payments): c/o Caliber Home Loans, Inc., as Servicer, 13801 Wireless Way
Oklahoma City, OK 73134 '
Telephone Number (Toll free): 1-888-248-5075
The transfer of the lien associated with your loan is currently recorded, or in the future may be recorded, in the public
records of the local County Recorder's o~cc for the county where your property is located. If checked !gj, ownership of
yoi:r loan may also be recorded on the rcgi.stry of the Mortgage Electronic Reaistrations
0
System at 1818 Library Street
Suite 300, Reston, VA 20190. '
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 154 of 183
EXHIBIT# ;O
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 155 of 183
53(729 SUB or TRU Paq•s: 2
STATE OF MJNT.ARA LAKE COUNTY
RECORD.ED: 04/22/2014 11:15 KOI: SUB or TRU
u bd?('.lh e RM/;.!Jof).
PAllLA. A HOLLE CLERK .AND :RECORDllR
n:E: $14.00 BY:
RECORDING REQUESTED BY: TO: ,
WHEN RECORDED MAIL TO:
TRUSTEE CORPS
17100 Gillette Ave
Irvine, CA 92614
Trustee Sale No. MT08000001-14-1 APN 13118 litle Order No. 8408186
Commonly known as: 820 RED ONL ROAD, BIGFORK, MT 59911
APPOINTMENT OF SUCCESSOR TRUSTEE
WHEREAS, John P. Stokes and Pamela J. Stokes was the original Trustor(s), Mark E. Noennig was the
original Trustee and WMC Mortgage Corp. was the original Beneficiary under that certain Deed of Trust
dated July 13, 1998 and recorded on July 17, 1998 as Instrument No. 391599, of official records in the
Office of the Recorder of Lake County, Montana. The Deed of Trust encumbers real property more
particularly described as follows:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (N1/2 SW1/4
SE1/4) OF SECTION 12, TOWNSHIP 26 NORTH, RANGE 19, WEST, P.M.M., LAKE COUNTY,
MONTANA. SUBJECT TO AND TOGETHER WITH A 60-FOOT PRIVATE ROAD AND UTILITY
EASEMENT WITH A 50-FEET RADIUS CUL-OE-SAC AS INCLUDED ON CERTIFICATE OF SURVEY
NUMBER 5068.
WHEREAS, the undersigned current Beneficiary, desires to appoint a Successor Trustee under said Deed
of Trust in place of and instead of said original Trustee, or Successor Trustee, thereunder in the manner
in said Deed of Trust provided:
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 156 of 183
534729
NOW THEREFORE, LSF8 Master Participation Trust hereby appoints MTC Financial Inc. dba
Trustee Corps, whose address is 17100 Gillette Ave, Irvine, CA92614, as Successor Trustee under said
Deed of Trust.
Dated: -'f,,./f-f LSFB Master Participation Trust by Caliber Home Loans, Inc.,
solely In its capacity as servicer
~---
~nOrlger
~:::~F}~i~;D Ass't Vice President
On ...._.~~~--""""....._.....,,...before ~. _ _ __.._____.....,._ _ _ _ _ _ _ _ _ _ _• Notary Public,
_i,,p,..-.,......,..l..,,j~~----------wh·o proved to me on the basis of
satisfactory evidence to be the perso s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of
that the foregoing paragraph is true and correct.
Ca,1i¼f>(0 \l1<
WITNESS my hand and official seal
~
Pu;k:
Notary
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 157 of 183
-
EXHIBIT# KI/
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 158 of 183
P.O. Box 24610
CALIBER Oklahoma City, OK 73124-0610
HOME LOANS
August 22. 2014
JOHN P STOKES PAJv1ELA J STOKES
12887 RAVENVVAY
BIGFORK MT 59911-7346
Caliber Account Number: 9802240094
Borrower(s): JOHN P STOKES
PAMELA J STOKES
In accordance with Section 6 of the Real Estate Settlement Procedures Act ('"RES PA). this letter is being provided to
acknowledge the receipt of your correspondence dated August 22, 2014. Caliber Home Loans, lnc. ("'Caliber""), the
mortgage servicer of the above-referenced loan, will perform the necessary research and respond within the time
period required by law.
If you have any questions with regard to the abo•;e-referenced loan prior to receiving our response, please contact us
at 800-401-6587. Our hours of operation are 8:00 a.m. to 7:00 p.m., Central Time, iv1onday through Friday.
Sincerely,
Complaint Resolution
Customer Service Department
Caliber Home Loans, Inc.
THIS.IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
Notice to Consumers presently in Bankruptcy or ._-.:ho have a B_a_nkr:t.!Ptf.Y Dis_fh§Ige: If you are a debtor presently
subject to a proceeding in Bankruptcy Court, or if you have previously been discharged from this debt by a Federal
Bankruptcy Court. this communication is not an attempt tc collect a debt but is sent for informational purposes gnly or/
to satisfy certain Federal or State legal obligations. · · --·· -- - ·- --- - ·- _.-e-
2:~9 2C1--D730rev
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 159 of 183
' .
EXHIBIT# .._ _. , ,. ., (~
L.,
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 160 of 183
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Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 162 of 183
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Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 163 of 183
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EXHIBIT# ~ 1cf
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 168 of 183
Loan Number: 1938851
LOST NOTE AFFJDAVCT
AND INDEMNITY AGREEMENT
ST ATE OF lllinois
COUNTY OF DuPage
James Hartigan being duly sworn, deposes and says:
1. 1 :un the Vice President of Household Finance Corp. 11l ("Mortgage") which is the holder
of a certain mortgage note dated July 13, 1998, from WMC Mortgage Corp. in the
original principal amount ofS199,500.00, in favor of John P. Stokes and Pamela J.
Stokes (the "Note") and the mortgage of even date therewith from John P. Stokes and
Pamela J. Stokes to the Mortgagee securing the Note and encumbering premises known
as:
[Property Address] 820 Red Owl Road
Bigfork. Montana 59911
2. The original Note has been inadvertently lost or misplaced by Mortgagee. The Note has
not been sold, assigned, encumbered, or otherwise pledged by Mortgagee.
3. Mortgagee will indemnify and hold _ _ _ _ _ _ _ _ _ its affiliates, successors or
assigns (" Assignee"}, harmless from and against any and all claims, tosses, damages,
costs and expenses, including. without limitation, reasonable attorney's fees and costs
arising from, out of, related to, or caused by the loss of the Note or any interest therein
claimed by any person in possession of the original Note.
4. The undersigned officer of Mortgagee represents and warrants that he/she is duly
atnhorized to execute this instrument on behalf ofMortgagee and that such instrument is
binding upon and enforceable against Mortgagee.
Household Finance Corp. lll
Date: 03/05/03 By:
Its:
STATEOF lllinois
COUNTY OF DuPage ss.
?n 03/05/03, before me perso~ally appeared James Hartigan to me known, who being by me duly
sworn. did depose and say: that he/she IS the Vice President of Household Finance Corp. m the
corporation descnbe~ in_ and whi~h C;xecuted the foregoing instrument; that he/she signed hi~er name
thereto by the authonty mvested 10 hlro/her by the Board ofDirectors of said corporation.
Expires on:
09/25/05
~~
Notary Public
OFFICIAi.. SEf\l..
IRMA Sti.LOANO
NOTAAYPUBUC, SiAiE OF llUNOIS
MY COMMISSION EXPIRES 1!•25-2005
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 169 of 183
EXHIBIT# ·
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---
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 170 of 183
CONTRA COSTA COUNTY
CALIFORi~IA
AFFIDAVIT
I, the undersigned, having been first sworn, do depose and state as follows:
My name is Jose Antonio Mina.
1. I, Jose Mina, was an employee ofWMC Mortgage Corp. from 1998-2000. As an
employee ofWMC Mortgage Corp., I had limited signing authority, as Asst. Secretary,
primarily for blank endorsements on original Notes. These blank endorsements were
necessary to facilitate the sale of WMC originated loans to the Secondary Market.
2. Please note however, that there can only be one WMC blank endorsement on the Note at
a time. If a Note was endorsed incorrectly, \VMC would have voided the endorsement,
have it initialed then put on a new stamp.
3. Any purported signature of mine after the year 2000 is not my signature and was not
authorized by me!
FURTHERAFFIANTSAYETHNOT:
Jose Antonio :Mina
Sworn to and subscribed before this _ _ _ day of June, 2017.
- - - - - Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 171 of 183
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validi of that document.
State of California
County of Contra Costa
Subscribed and sworn to (or affirmed) before me on this 11th
day of Julv , 20 17 , by _ _ _ _ _ _ _ _ __
Jose Antonio Mina
pro~ed to,;ne on the basis of satisfactory evidence to be the
person-{s) who appeaied before me.
KAREN MCIINI
Commission # 2(11!2!5
Notary Publle • Cl!Uomla I
Contra Costa County ?:
Comm. Expires S 26, 2~1 ~
(Seal) Signature
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 172 of 183
EXHIBIT# (0
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 173 of 183
COie
Ofunne N. Edoziem
July 26, 2018
0Edoziem@perkinscoie.com
D. +J.310.788.3204
F. +l.310.843.1279
VL4 FEDERAL EXPRESS AND EMAIL
Mr. John Stokes
12887 Raven Way
Bigfork, Montana 59911
stokes@z600.com
Re: John P. Stokes, et al. v. First American Title Company ofMontana, et al.;
U.S. Supreme Court Case No. 17-8913
Loan Number: 9802240094
Property Addresses: 820 Red Owl Road, Bigfork, Montana 59911
12887 Raven Way, Bigfork, Montana 59911
Dear Mr. and Mrs. Stokes:
Thank you for your offer of settlement for a reverse mortgage. My client has considered it and
cannot accept the terms. However, my client would like to continue settlement discussions, so
we welcome further offers. If you are willing to reconsider your refusal to negotiate a cash for
keys offer of settlement, please let us know as soon as possible.
Very truly yours,
C1~i.iiiuC N. EJoziem
ONE
140699800.1
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 174 of 183
John P. Stokes
Debtor Case # 18-60681
CERTIFICATE OF SERVICE
I, the undersigned, do hereby certify under penalty of perjury that on the 5th day of September ,
2018, a copy OBJECTION TO MOTION TO MODIFY STAY, DEBTORS CLAIM FOR
ACTUAL AND PUNITIVE DAMAGES, DAMAGES FOR VIOLATION OF AUTOMATIC
STAY, ACTUAL AND PUNITIVE, DA...ly[AGES FOR ATTORNEY DECEPTION UPON THE
COURT AGAINST JASON HENDERSON and ERICA PETERMAN.
of the foregoing was sent by First Class Mail postage prepaid.
Clerk of Court 400 N Main St, Butte, MT 59701
Jason Henderson via email: jhenderson@mackoff.com
Trustee Kathleen McCallister via email: <kam@kam13trustee.com>
Teresa G. Whitney Montana Department of Revenue via email: twhitney@mtgov
n P. Stokes
[Must comply with Mont. LBR 9013-1( 2), reflecting the name and address of each party
served, and by being signed "under pe ty perjury'' and by identifying the document served.
All creditors and any parties request· cial notice should be served with this document.]
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 175 of 183
-.•.
l 'f ~: : + ~o
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 176 of 183
THE T\VE<TlETH DfSTRlCT COURT
I~SF 8 iv!aster Participation 'frust
Plaintiff
\!S.
John P. Stokes and Pan,1ela J. Stokes and
Person i11 possessio11
Defendants / Cross Plainfrffs
LSF 8 ;vfaster Pa..n:icipation Tmst (LSF 8)
Mackoff Kellogg La,\· Juso11 I-IendersorL
n , -.-
~ 1 t '"" ,.
uamcK, i.remtHay, Anare Lornn. Jonn urayKerL
.-... ,... "T f ,.-., ,
William Young. Danielle Coffrnan. Crmviey Flake
John and Jane Does 1-5
Cross Defendants
Pamela l Stokes hereby gives Notice of .J\ppearance in this Complaint and Cross Counter
~ l . . p "t t"'!. 'l 'l 1 ~ • , • ,.... l t f""'!. • ~ •
'--omp.amt. ame1a ~toKes snoma rece1Ye nonce or au rnmgs m t.ms case.
Prunela Stokes
12887 Raven \Vay
Bigfork, :Montana 59911
406 837-2283
Certificate of Sen·ice
On January 9, 2019 I caused to be dciivered to Jason Henderson and Danieiie Coffma11 and John
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 177 of 183
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On Thu,. Sep 6: 2018 at 10:34 AM Jo1n Stokes< > VvTote·
Thank you for your rep!y, Sorrv about misspelling ycur name.
Oniy have one question for you. Frorn the time vou submitted the 11 biank,'J endorc;prnpnt tr'i fift- th.a c-t-:::\, t,~ HT'!'1c r,_f
hearing with "Rusty'' Pam's attorney, Vvho inked in * Payab!e HFC H; ·· __ ,, -.., -- .... _,,_ --~ '' _. , "'"~ "'
Thank you for your attention so that i may pass the infc on to the court,
12887 Raven \Nay
406 837 2283
From: Erika Peterrnan < >
Sent: Tht.H·sday, Septernber 6, 2018 9:34 Af\li
To: John Stokes< >
Subject: Re: F\/V; 201809051527~pdf
Mr. Stokes,
Jhave not been involved ln this case for almost a year,: vvhen 1ieft t"he firm t Vilas working for and started my- ovv'rt ! nd
longer do any bankruptcy work.I nor do i represent financial inst1tuUons.
That said, any ai!egation that i did anything to tamper v..dth originai documents, or any documents; Is ccmpieteiy faise.
Erika Peterman
2
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 182 of 183
John Stokes
From; Erika Peterman <epeterman7S{2:JgrnafLcorn>
Sent: Friday; Septernber 7, 2018 7:14 PiVi
To: John Stokes
Subject: Re: LSF8
Thanks; John, I \AJOLdd never a!ter anything. Ever. : vvH\ reach out to Jason and Rusty ort fv1onday. The firrr1 ! ·\fvorked for
cfosed last fan and ! have no access to that fi~e.
-Er!ka
On Fri 1 Sep 7, 2018 at 7:07 Pivf John Stokes< > 1.:vrote:
Erika,
! sent out Subpoenas today to LSF 8 executives, 5 . And Jason Henderson,, iviackoff KeHcg. r=or the SeptErnber 17 hearing
~vtssoula 2:30. I haven_:t sent one to you yet to testifv. Perhaps \V€ can avoid that. It appears they are going to toss you
under the bus. You need to get your file frorn previous employer and find out who sent you the altered note and whe
you returned it too as it 1,,vas presented as an originaL Rusty Edvlard rv1urphv \NIH testify he \Vithdrev,l objection based
upon that inked in blue copy stating rlFCH held the note 1 under perjury as the originai,. vvhich you presented to hirr:.
Respectfu.Pv
john ~tol<es
~- .
837 2283
Erika Peterman
.. r,,- .- .,,, ,;+. ,-~~-,..,
~U0.:)44.D.:'.'.:lU
@rikapeterman
Case 9:19-cv-00011-DWM Document 1-1 Filed 01/14/19 Page 183 of 183
John Stokes
From: Erfka Peterman <epeterrnan75@grnaiLcorn>
Sent: Thursday, September 6, 2018 10:50 AM
To: Joh'.j Stokes
Subject; Re: F\N; 201809051527,pdf
On Thu, Sep 5, 2018 at 10:49 AM John Stokes < > wrote:
Thank VOLL
Do you reca!I who your contact \Vas at LSF 8?
12887 Raven Way
Bigfork, Montana 59911
406 837 2283
From: Erika Peterman < >
Sent: Thursday, September 6, 2018 10:37 AM
To: John Stokes < >
Subject: Re: FW: 201809051527,pdf
l have no ~dea but! can assure you it \,Vas not me. l also do not have access to this file anym·ore sc l an1 unabie to looK 2t
any of the documents.
tnka