ALT LAKE DEPARTMENT z sie eel Walter T, Keane ~ 10333 SY rr aa WALTER T. KEANE, P.C. 2825 Cottonwood Pkwy., Suite 500 salt Lake City, Utah 84121 Telephone: (801) 990-4422 Facsimile: (801) 606-7533 Email: For Harvey IN THE THIRD JUDICIAL DISTRICT SALT LAKE COUNTY, SCOTT MATHESON COURTHOUSE, STATE OF UTAH SCOTT HARVEY, Plaintiff, COMPLAINT ACTION FOR QUIET TITLE, LLC, CrnBANK FSB, INTEGRATED TITLE g sis" ee a Oe TITLE COMPANY, JOHN AND JANE ors 1-10, GARBETT MORTGAG Judge: [LU ISAK ) Defendants {if complains as Follows: Parties 1. Scott Harvey is the owner of property located at 14755 Grand Ridgeline Draper, UT 34020 Identified by ‘Tax ID Number 34-07-331-004 ("Property"). The legal description of the Property is attached and marked as Exhibit “A.” 2, Garbett Mortgage, LLC is the beneficiary of a trust deed records against the property (°Garbett trust deed")3. ‘The Garbett trust deed and further identified as Document No. 9412189, Book 9148, Page 8789-8803. 4, Integrated Title Services is the trustee of the Garbett trust deed. " trust Citibank, PSB is the beneficiary of a trust deed recorded against the Property (" deed.”) 6. The Citi trust deed was recorded on June 27, 2006, as entry number 976501, book/paze 9313/6923. 7, {rst American Title Company is the trustee of the Citi trust deed. 8. Mortgage Electronic Registry Service ("MERS") is the nominee of both trust deeds. Facts 9. On information and belief, neither Garbett Mortgage nor Citibank FSB has any interest in the foregoing notes, trust deeds, or Property 10. MERS has been assigned the trust deeds and is holding them separate from the note, 11. MERS has absolutely no interest in the note or the property. mntial funds: 12, MERS is a tax evasion broker which has deprived local governments of es by collecting fees otherwise necessary to properly record trust deeds and assignments of the same. xe seam from 13. Salt Lake County Recorder, Gary Ott described MERS as potentially “ hell.14, Essentially, because the relevant notes were assigned to different parties while the relevant trust deeds were assigned to MERS, a spit ofthe note and trust deed has occurred and therefore the latter is a nullity. First cause of action - quiet title 15. ‘The foregoing paragraphs are incorporated into this quiet title cause of action, 16 Pursuant to Utah Code Annotated 78B-6-1303, plaintiff will record a lis pendens shortly after obtaining case number from the court clerk. 17. Hecause the Garbett trust deed has been split from the note the Former isa nullity and should be stricken from the chain of title. 18, Because the Citi trust deed has been split from the note the former is a nullity and should be stricken from the chain of ttle, Prayer Plaintiff prays that the Garbett trust deed and Citi trust deed be declared nullities by this. ‘Court and in order noting the same recorded with the Salt Lake County recorder’s office and such other action as this Court deems just. DATED this 24 _ day of. fui 2010. BY: Walter T. Keane EXHIBLLvarren n. 1NeIson (/¥40) PARR BROWN GEE & LOVELESS TOMAY 19 PM Gs 1h 185 South State Street, Suite 1300 oe Salt Lake City, Utah 84111-1537 +t CAKE CEPARTHEN] Telephone: — (801) 532-7840 pea , Facsimile: (801) 532-7750 Ae BEPOFY CLERK Y Attorneys for Defendant First American Title Company IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH SCOTT HARVEY, ANSWER OF FIRST AMERICAN TITLE, Plaintiff, COMPANY TO COMPLAINT OF SCOTT HARVEY vs GARBETT MORTGAGE, LLC, CITIBANK FSB, INTEGRATED TITLE SERVICES, MERS, FIRST AMERICAN TITLE COMPANY, JOHN AND JANE DOES 1- Judge Iwasaki 10, Case No, 100907587 Defendants. Defendant First American Title Company (“Answering Defendant’), by and through its counsel of record, hereby answers Plaintiff's Complaint as follows: FIRST DEFENSE ‘The Complaint fails to state a claim against the Answering Defendant upon which relief can be granted. SECOND DEFENSE ‘Answering the numbered paragraphs of Plaintiff's Complaint, Answering Defendant admits, denies, and alleges as follows: sane.thereof, denies. 2. For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. 3. For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. 5. For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. Admits. 8. For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. 10. For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. 11. For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. 12. For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies.thereof, denies. 14, For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. 15, Answering Paragraph 15, Answering Defendant incorporate their responses 10 Paragraphs 1 through 14 as set forth above. 16. Forlack of knowledge or information sufficient to form a belief as to the truth thereof, denies. 17, For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. 18, For lack of knowledge or information sufficient to form a belief as to the truth thereof, denies. ‘THIRD DEFENSE Plaintiff's claims are barred by the doctrines of waiver, estoppel, laches, payment, subordination, express agreement, and/or release. FOURTH DEFENSE Plaintiff's claims are barred to the extent Plaintiffs have failed to j ispensible parties FIFTH DEFENSE, Plaintiff's claims are barred by its failure to mitigate damages, if any SIXTH DEFENSE Plaintiff's claims are barred by unclean hands and acquiescence.Plaintifi’s claims are barred by their own material breaches of any agreement with the respective lenders under the trust deeds. EIGHTH DEFENSE Plaintiff's claims may be barred by novation and/or release. WHEREFORE, having fully answered the Complaint, Answering Defendant demands that the Complaint be dismissed with prejudice as against it, and that it be awarded its costs and attomeys’ fees, and for such other and further relief as the Court deems appropriate. Dated this | day of May, 2010. PARR BROWN GEE & LOVELESS py Mra Niaha~— Darren K, Nelson Attorneys for First American Title CompanyWalter T. Keane ~ 10333 WALTER T. KEANE, P.C. 2825 Cottonwood Pkwy., Suite 500 Salt Lake City, Utah 84121 Telephione: (801) 990-4422 Facsimile: (801) 606-7533 Email: walter@walterTkeane.com For Harvey IN THe Timp JUDICIAL DISTRICT SALT LAKE COUNTY, SCOTT MATHESON COURTHOUSE, STATE OF UTAH Scott HARVEY, Plaintift, RULE 41(a), URCP DISMISSAL OF vs CITIBANK FSB GARBETT MORTGAGE, LLC, CITIBANK FSB, INTEGRATED TITLE | Case No: 100907587 SERVICES, MERS, FIRST AMERICAN ‘TITLE COMPANY, JOTIN AND JANE DOES 1-10, Judge: Glenn Iwasaki Defendants. Pursuant to Rule 41 (a), URCP, plaintiff dismisses defendant Citibank FSB without prejudice. While not required by the rule, plaintiff has tendered an order dismissing defendant Citibank FSB si Rule 41 (a), URCP, dismissal. day of Yn 2010. DATED this Wajter T. Keane, P.C. BY: Walter T. Keane10 Jy. YURT “3 3 poy MU Lage Ms ie py PARTE T. Ke — 10333 2. Walter T. Keane TF Se WALTER T. KEANE, P.C. 2825 Cottonwood Pkwy., Suite 500 Salt Lake City, Utah 84121 Telephone: (801) 990-4422 Facsimile: (801) 606-7533 Email: walter@walterTkeane.com For Harvey IN THE THIRD JUDICIAL DISTRICT SALT LAKE CouNTY, SCOTT MATHESON COURTHOUSE, STATE OF UTAH Scorr HARVEY, Plaintiff, PLAINTIFF'S MOTION AND avs. MEMORANDUM IN SUPPORT OF VOLUNTARY DISMISSAL OF FIRST GARBETT MORTGAGE, LLC, AMERICAN TITLE COMPANY CITIBANK FSB, INTEGRATED TITLE SERVICES, MERS, FIRST AMERICAN ‘TITLE COMPANY, JOHN ANDJANE | Case No: 100907587 Does I-10, Defendants. Judge: Glenn Iwasaki Plaintiff seeks to dismiss First American Title Company from this action without prejudice, Concurrent with the filing of this motion, plaintiff has filed a voluntary dismissal of Citibank FSB pursuant to Rule 41, URCP. Considering First American Title Company is a trustee for a deed naming Citibank FSB as lender, plaintiff seeks to dismiss them both at the same time. A proposed order has been filed this motion.WHEREFORE, defendant prays for a dismissal of First American Title Company. DATED this 2. day of. ne — 2010. Walter T. Keane, P.C. BY! 2 T. Keane CERTIFICATE OF SERVICE Thereby certify that on the ___day of March 2010 and, | sent via first-class mail a rue and correct copy of the foregoing document to the following: Ronald G. Russell Darren K. Nelson Parr Brown Gee & Loveless 185 South State St., Suite 800 Salt Lake City, Utah 84111-1537 fieroWalter T. Keane ~ 10333 WALTER T. KEANE, P.C. 2825 Cottonwood Pkwy., Suite 500 Salt Lake City, Utah 84121 Telephone: (801) 990-4422 Facsimile: (801) 606-7533 Email: walter@walterTkeane.com For Harvey (e IN THE THIRD JUDICIAL DISTRICT SALT LAKE COUNTY, SCOTT MATHESON COURTHOUSE, STATE OF UTAH AND ScoTT HARVEY, PLAINTIFF'S MOTION FOR SUMMARY Plaintiff, JUDGMENT os Case No: 100907587 GARBETT MORTGAGE, LLC, ET AL., | Judge: Glenn Iwasaki Defendants. Harvey brings this motion for summary judgment for the purpose of nullifying a certain trust deed recorded against his property. ‘The original has submitted a stipulation that it has no further interest. ‘The trustee has recorded a notice of withdrawal as a trustee. These documents together with a memorandum of support are incorporated by reference into this motion. WHEREFORE, Harvey respectfully moves for this Court to enter summary judgment in its favor and in so doing nullify the trust deed identified in the incorporated memorandum in day of July 2010. Walter T. Keane P.C. BY: Walter T. Keane, attomey for HarveyCertificate of service certify that I mailed the foregoing document via US mail first-class on Hele to the following persons and/or entities: Gary A. Weston (Counsel for Intergrated Title) Nielsen & Senior Suite 400 5217 S. State St. Salt Lake City, UT 84107Book 9836 Po - 2011-2912 Gary W. Ot A Recorder, Salt Lake County, UT INTEGRATED THTLE INS. SERVICES BY: CASH, DEPUTY - EF 2P. NOTICE OF WITHDRAWAL OF TRUSTEE INTEGRATED TITLE INSURANCE SERVICES, LLC also known as Integrated Title Services does hereby WITHDRAW AS TRUSTEE under that certain Deed of Trust dated June 16, 2005 and executed by SCOTT AEDAN HARVEY, as Trustor in which Integrated Title Services is named as Trustee and GARBETT MORTGAGE, LLC as Lender aid MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Beneficiary and which Deed of Trust ‘was filed for record on June 22, 2005, as Entry No, 9412189 in Book 9148 at Page 8789 of the ‘Official Records of the County Recorder of Salt Lake County, State of Utah, and wherein said ‘Deed of Trust is described that certain real property situated in Salt Lake County, State of Utah and more particularly described as follows: SEE EXHIBIT A HERETO ATTACHED AND BY THIS REFERENCE INCORPORATED HEREIN. ‘The lien as created by the Deed of Trust on the hereinabove described trust property shall continue as provided by Section 57-1-21(4), Utah Code Ann., but with the power of sale and other trustee powers under the Deed of Trust to be exercised only if the Beneficiary appoints ® qualified successor trustee, under Section $7-1-22, Utah Code Ann. DATED this 24th day of June 2010. INTEGRATED TITLE INSURANCE SERVICES, LLC Lifer. z Jue A lanage sss DARE, MANAGE STATE OF UTAH d COUNTY OF SALTLAKE ) (On this 24th day of June 2010, personally appeared before me JAMES DARK: who being by me {uly sworn, did say that he is Manager of INTEGRATED TITLE INSURANCE SERVICES, LLC, that he signed the foregoing instrument as Manager and on behalf of the company and thatthe company Scene crupccani besa. he To Hens 1 —J a weaWalter T. Keane ~ 10333 ‘Water T. KEANE, P.C. 2825 Cottonwood Pkwy., Suite 500 Salt Lake City, Utab 84121 “Telephone: (801) 990-4422 Facsimile: (801) 606-7533 Email: walter@walterTkeane.com For Harvey In THe Tap JUDICIAL DistRIcT SALT LAKE COUNTY, SCOTT MATHESON COURTHOUSE, STATE OF UTAH Scorr HARVEY, STIPULATION OF GaRpeTT Plaintiff, Morrcace, LLC ws Case No: 100907587 GARETT MORTGAGE, LLC, ET Als | Judge: Glenn Iwasaki Defendants, Garbett Mortgage. LLC stipulates as follows: 1. Garbett Mortgage, LLC is listed as the lender on both the deed of trust and note with plaintiff on or about June 2005 (hereinafter "Garbett note” and "Garbett trust deed”). 2. The Garbet trust deed was recorded on June 22, 2005 atthe Salt Lake County revorder’s office, entry number 9412189, book 9148, page 8789-8803 and was recorded against the property at 14755 S. Granite Ridge Lane, Draper, UT 84020, Page | of 3 Stipulation of Garbett Mortgage LLC. 3 District Court Case No, 100907887 m= oraree3. Plaintiff's property is further described by the following legal description Lot 4, in Building 40, contained within the CHANDLER POINTE AT SOUTH MOUNTAIN, PHASE 3, a Utah Planned Unit Development, as the samme is identified in the Plat Map recorded in Salt Lake County, Utah as Entry No. 8894000, in Book 2003P, at Page 356 of the official records of the County Recorder of Salt Lake County, Utah, (as said Plat Map may have theretofore been amended and/or supplemented) and in the Declaration of Covenants, Conditions, and Restrictions of CHANDLER POINTE AT SOUTH MOUNTAIN, recorded October 31, 2003, in Salt Lake County, Utah as Entry No. 8874591, in Book 8904, at Page 4164 (as said Declaration may have been amended and/or supplemented) in the Office of the Recorder of Salt Lake County, Utah. Together with an undivided interest in and to the common areas and facilities more particularly described in said Declaration and any amendments and/or Supplements thereto. Parcel Identification No. 34-07-331-004. 4. Garbett Mortgage, has no further interest in the Garbett note, Garbett trust deed, and/or subject property described herein, 5. The undersigned has full knowledge regarding the foregoing statements and is an authorized agent of Garbett Morigage LLC. 6. And nothing further. DATED this_/__ day of _}esmauee 2010. Garbett Mortgage LLC Page 2 of 3 Stipulation of Garbett Mortgage LLC J” District Court Case No. 100907387Tile: Taney cy Merle, Page 3 of} ‘Suipulation of Garbett Mormgage LLC 3" Diariet Court Case No. 100907587WOJUL-8 AN 9 THIRD SALY/LAR Walter T, Keane ~ 10333 WES \ WALTER T. KEANE, P.C. DEFY cltRK 2825 Cottonwood Pkwy., Suite 500 Salt Lake City, Utah 84121 Telephone: (801) 990-4422 Facsimile: (801) 606-7533 Email: walter@walterTkeane.com For Harvey IN THe THIRD JUDICIAL DistRICT SALT LAKE COUNTY, SCOTT MATHESON COURTHOUSE, STATE OF UTAH MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Scorr Harvey, Plaintiff, Case No: 100907587 GARBETT MORTGAGE, LLC, ET AL, Judge: Glenn Iwasaki Defendants. In support of his motion for summary judgment plaintiff submits the following ‘memorandum and attachments: uted Material Facts 1. Garbett Mortgage was named as Lender under a trust deed identified by record number 9412189, Book 9148 and Page 8789 at the Sale Salt County recorder’s office. See Exhibit “A stipulation of Garbett Mortgage. 2. This trust deed was recorded against plaintift’s property. See Exhibit “A.” jerest in the promissory note, trust deed and/or subject, 3. Garbett Mortgage has n property. See Exhibit “A.4, The trustee of the trust was Intergrated Title Services. See Exhibit "B 5. However, Intergrated Title Services has ostensibly withdrawn as trustee. See Exhibit Argument A fundamental concept of trust law is: ‘A trust is a form of ownership in which the legal title to property is vested ina trustee, who has equitable duties to hold and manage it for the benefit of the beneficiaries. Restatement of Trusts, Second, $2(1959). It is therefore axiomatic in trust law that the trustee under a valid trust deed has exclusive contro! of the trust property subject only to the limitations imposed by law or the trust instrument Continental: Bank & Trust Co. vs. Country Club Mobile Estates, 632 P.2d 869, 872 (Utah 1981). In this case the original lenders disavowing any interest in the property. ‘The trustec has withdrawn, Considering the foregoing, it seems straightforward that the trust deed is a nullity as the owner of the “legal title” has disavowed any interest Conclusion Considering the foregoing undisputed material facts and rules of law, plaintiff is entitled to judgment as a matter of law in which the trust identified herein is declared a nullity to DATED this _“F™ day of July 2010. Walter T, Keane P.C. ftorney for HarveyCertificate of service I certify that I mailed the foregoing document via L following persons and/or entities: Gary A. Weston (Counsel for Intergrated Title) Nielsen & Senior Suite 400 5217 S, State St. Salt Lake City, UT 84107 mail first-class wwtltle to the ne.Walter T. Keane - 10333 Mitra wuleal Demet WALTER T. KEANE, P.C. 2825 Cottonwood Pkwy., Suite 500 AUG.2 5 2010 Salt Lake City, Utah 84121 “ Telephone: (801) 990-4422 ey. Facsimile: (801) 606-7533 Email: walter@walterTkeane.com For Harvey IN THE TuiRD JUDICIAL DisTRICT SALT LAKE COUNTY, SCOTT MATHESON COURTHOUSE, STATE OF UTAH SCOTT HARVEY, RULE 41, URCP DISMISSAL OF Plaimtitt, GARBETT Mort. ws Case No: 100907587 GARBETT MORTGAGE, LLC, FT AL., | Judge: Glenn Iwasaki Defendants. Plaintiff hereby dismisses Garbett Mortgage pursuant to Rule 41, URCP. Integrated Title has not filed an answer or otherwise pled with the consent of plaintiff DATED thiQ’__ day of August 2010. ‘Walter T. Keane P.C. BI ( Keane, attorney for Harvey‘© Pursuant to Utah Code Ann § 78B-6-1315(3) plaintiff requests a very short evidentiary hearing. DATED this_22— day of July 2010. Walter T. Keane P.C. B we T. Keane, attorney for Harvey Certificate of service I certify that I mailed the foregoing document via US mail first-class on 122/(e_ 10 the following persons and/or entities: Gary A. Weston (Counsel for Intergrated Title) Nielsen & Senior Suite 400 5217S. State St. Salt Lake City, UT 84107OMED DIsTAICY COuAT Walter T. Keane ~ 10333 Third Judicial District WALTER T. KEANE, P.C. 2825 Cottonwood Pkwy., Suite $00 . Salt Lake City, Utah 84121 2a 6 200 ‘Telephone: (801) 990-4422 news Facsimile: (801) 606-7533 WD cm Email: walter@walterTkeane.com For Harvey IN THE THIRD JUDICIAL DISTRICT SALT LAKE COUNTY, SCOTT MATHESON COURTHOUSE, STATE OF UTAH Scort HARVEY, ORDER QUIETING TITLE TO REAL Plaintiff, PROPERTY ws: Case No: 100907587 GaRBeTT MORTGAGE, LLC, er AL., | Judge: Glenn Iwasaki Defendants. This matter coming to be heard on plaintiff's unopposed motion for summary judgment, the Court being fully informed and having considered the papers and arguments before the hereby rules as follows: 1. Plaintiff's motion for summary judgment is GRANTED. 2. The court finds that no opposition has been filed to plaintiff's motion for summary judgment 3. All defendants have either been dismissed or failed to appear after effective service. 4, Pursuant to Rule 7, URCP:Garbett Mortgage was named as Lender under a trust deed identified by record number 9412189, Book 9148 and Page 8789 at the Salt Lake County recorder's office b. This trust deed was recorded against plaintiff's property. See Exhibit “A.” c. Garbett Mortgage has filed a stipulation that it has no interest in the promissory note, trust deed and/or subject property. 4d. The trustee of the trust deed was Intergrated Title Services. Intergrated Title Services having been served with summons and complaint has failed to file an answer of or otherwise plead, recorded a withdrawal of its trustecship at the Salt Lake County recorders office and has failed to contest plaintiff's motion for summary judgment. See Exhibit “B.” WHEREFORE in consideration ofthe foregoing, the Garbett mortgage trust deed identified by record number 9412189, Book 9148 and Page 8789 at the Salt Lake County recorder's office which encumbers property legally described in the attached Exhibit “A” is @ NULLITY and of no further force and effect. DATED this 20 _ day of Ae __2010. Third Judicial District Court