The Honorable Benjamin H.

Settle

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PAMELA S. OWEN,

Case No. 3:15-cv-05375-BHS

Plaintiff,

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v.

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FEDERAL HOUSING FINANCE AGENCY;

FEDERAL HOME LOAN MORTGAGE
CORPORATION; MTC FINANCIAL, INC.
d/b/a TRUSTEE CORPS; BISHOP
MARSHALL & WEIBEL, P.S.; and CHUCK
E. ATKINS, in his official capacity as Clark
County Sheriff,

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DEFENDANTS INITIAL DISCLOSURES

PURSUANT TO RULE 26(a)

Defendants.

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Defendant MTC Financial Inc. d/b/a Trustee Corps (Trustee Corps), by and through

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its attorney of record, Mike DeLeo of Peterson Russell Kelly, PLLC provides these initial

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disclosures under Rule 26(a)(1) and in accord with the Courts Scheduling Order:

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I.

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PERSONS LIKELY TO HAVE DISCOVERABLE INFORMATION

The following individuals are identified as those likely to have discoverable information
regarding the claims and defenses in this matter. These disclosures are based on the
information reasonably available to Trustee Corps at this time. Trustee Corps reserves the right
to make additional disclosures and/or rely upon witnesses and documents not listed herein if
and when additional information becomes available:

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1)

Knowledgeable Persons from MTC Financial Inc. d/b/a Trustee Corps

c/o Peterson Russell Kelly, PLLC

DEFENDANTS INITIAL DISCLOSURES - 1

107977 110 fi23dt0233.002

P ETERSON R USSELL K ELLY PLLC

1850 Skyline Tower 10900 NE Fourth Street
Bellevue, Washington 98004-8341
TELEPHONE (425) 462-4700 FAX (425) 451-0714

Attn: Michael S. DeLeo

10900 NE 4th Street, Suite 1850
Bellevue, WA 98004
(425) 462-4700

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Trustee Corps may designate one or more representatives to give testimony with
regard to the work that it performed as trustee on the deed of trust at issue in this
litigation and any other matter relevant to this litigation. Trustee Corps
representatives testimony may include communications regarding the plaintiffs
default on the loan, any communications with the parties to the litigation, the
foreclosure process, documents maintained by it in the ordinary course of business,
the non-judicial foreclosure process, facts and circumstances surrounding the nonjudicial foreclosure pertaining to plaintiff, and any other information that they may
possess regarding the allegations in the complaint and defenses to the allegations.
Trustee Corps may call one or more current or former employees to testify in this
case. Trustee Corps employees and former employees with relevant information may
only be contacted through counsel for Trustee Corps. No discovery has occurred and
Trustee Corps investigation is on-going and Trustee Corps reserves the right to
amend and supplement this disclosure.

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2)

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Pamela S. Owen
3912 NE 57th Avenue
Vancouver, WA 98661
(360) 991-4758
Ms. Owen may be asked to testify regarding the purchase of the property that is the
subject of this litigation, her loan from Landmark Mortgage made to her in
November of 2005, her income, her dealings with any lender on the property, any
other litigation in which she has been involved. Ms. Owens may be asked to testify
regarding her dealings with any party to this litigation, the non-judicial foreclosure of
which the she complains, plus any other relevant knowledge that she may possess
pertaining to this litigation, the allegations in the complaint, and defenses to those
allegations.

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3)

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Knowledgeable Persons with or formerly with Bank of America

P.O. Box 9048
Temecula, CA 92589
(800) 669-1904

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Knowledgeable person at Bank of America may be asked to testify regarding their
knowledge of Bank of Americas dealings with the plaintiff, the loan regarding the
plaintiff, and the non-judicial foreclosure of which the plaintiff complains, plus any
other relevant knowledge that they may possess pertaining to this litigation.

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4)

Knowledgeable Persons with or formerly with Bishop, Marshall & Weibel, P.S.
c/o Marshall & Weibel, P.S.

DEFENDANTS INITIAL DISCLOSURES - 2

107977 110 fi23dt0233.002

P ETERSON R USSELL K ELLY PLLC

1850 Skyline Tower 10900 NE Fourth Street
Bellevue, Washington 98004-8341
TELEPHONE (425) 462-4700 FAX (425) 451-0714

Attn: Barbara L. Bollero and David A. Weibel

720 Olive Way, Suite 1201
Seattle, WA 98101
(206) 622-5306

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Knowledgeable person at Bishop, Marshall & Weibel, P.S. may be asked to testify
regarding their knowledge of Freddie Macs unlawful detainer action against the
plaintiff, any dealings with the plaintiff in the unlawful detainer action, and the nonjudicial foreclosure of which the plaintiff complains, plus any other relevant
knowledge that they may possess pertaining to this litigation.

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5)

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Knowledgeable person at Freddie Mac may be asked to testify regarding their

knowledge of the unlawful detainer action against the plaintiff, any dealings with the
plaintiff in the unlawful detainer action, and the non-judicial foreclosure of which the
plaintiff complains, plus any other relevant knowledge that they may possess
pertaining to this litigation.

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Knowledgeable Persons with or formerly with Federal Home Loan Mortgage

Corporation (Freddie Mac)
c/o Witherspoon Kelley
Attn: Jody M. McCormick and Steven J. Dixson
422 W. Riverside Ave., Suite 1100
Spokane, WA 99201
(509) 624-5265

6)

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Knowledgeable Persons with or formerly with Federal Housing Finance Agency

c/o Witherspoon Kelley
Attn: Jody M. McCormick and Steven J. Dixson
422 W. Riverside Ave., Suite 1100
Spokane, WA 99201
(509) 624-5265

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Knowledgeable person at Federal Housing Finance Agency may be asked to testify
regarding their knowledge of Freddie Macs unlawful detainer action against the
plaintiff, any dealings that Freddie Mac had with the plaintiff in the unlawful detainer
action, and the non-judicial foreclosure of which the plaintiff complains, plus any
other relevant knowledge that they may possess pertaining to this litigation.

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7)

Trustee Corps discloses any witness identified by any party in any fashion, including
those disclosed by way of initial disclosure or during discovery. Trustee Corps
reserves its right to call any witness known to the plaintiff. Trustee Corps also
specifically reserves the right to call any witness who is identified from any of the
documents produced in this litigation by any party. Trustee Corps reserves the right
to identify additional individuals who are likely to have discoverable information
regarding the claims and defenses in this matter as discovery progresses.

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DEFENDANTS INITIAL DISCLOSURES - 3
107977 110 fi23dt0233.002

P ETERSON R USSELL K ELLY PLLC

1850 Skyline Tower 10900 NE Fourth Street
Bellevue, Washington 98004-8341
TELEPHONE (425) 462-4700 FAX (425) 451-0714

II.

26(a)(1)(B) DOCUMENTS

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A copy of, or a description by category and location of, all documents, electronically
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stored, and tangible things that are in the possession, custody or control that it may use in this
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case, unless solely for impeachment. All documents identified are available for review,
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inspection, and/or copying upon request as specified in more detail below:
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1.

All documents relating to or that bear upon prior litigation commenced by

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Federal Home Loan Mortgage Corporation titled. Federal Home Loan Mortgage Corporation
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v. Owen, et al. filed in Court of Appeals for State of Washington under docket no. 47566-9-II
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and Federal Home Loan Mortgage Corporation v. Owen, et al. filed in Clark County Superior
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Court under case no. 15-2-00924-2.
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2.

All of the title, loan and closing documents relating to Pamela Owens

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purchase of the property that is the subject of this litigation.
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3.

All documents relating to the default and foreclosure proceedings including,

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but not limited to, Trustee Corps collateral, default, and foreclosure file(s).
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All of the categories of documents listed in sections 1-2 above are believed to be in the
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possession of and available to the plaintiff. The category of documents set forth in section 3
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above shall be available for review, inspection, and/or copying upon request at a mutually
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agreeable date, time, and location. Trustee Corps reserves the right to identify additional
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documents and to seasonably supplement its FRCP 26(a) disclosure.
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III.

26(a)(1)(C) COMPUTATION OF DAMAGES

Trustee Corps has not asserted any counterclaims for damages in this action.

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Consequently, it does not have computations to provide or supporting evidence to produce at

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this time. Trustee Corps reserves it right to amend or supplement this disclosure.

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DEFENDANTS INITIAL DISCLOSURES - 4
107977 110 fi23dt0233.002

P ETERSON R USSELL K ELLY PLLC

1850 Skyline Tower 10900 NE Fourth Street
Bellevue, Washington 98004-8341
TELEPHONE (425) 462-4700 FAX (425) 451-0714

IV.

26(a)(1)(D) INSURANCE AGREEMENTS

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Trustee Corps is presently unaware of a relevant insurance agreement that may provide
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coverage for the claims set forth in the complaint. Trustee Corps reserves it right to amend or
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supplement this disclosure.
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DATED: September 29, 2015.

PETERSON RUSSELL KELLY PLLC

By /s/ Michael S. DeLeo

Michael S. DeLeo, WSBA# 22037
Attorneys for Defendant Trustee Corps

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DEFENDANTS INITIAL DISCLOSURES - 5
107977 110 fi23dt0233.002

P ETERSON R USSELL K ELLY PLLC

1850 Skyline Tower 10900 NE Fourth Street
Bellevue, Washington 98004-8341
TELEPHONE (425) 462-4700 FAX (425) 451-0714

CERTIFICATE OF SERVICE

I certify that I caused to be served in the manner noted below a copy of the foregoing
pleading on the following individual(s):

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Steven J. Dixson
422 W Riverside Ave, Ste 1100
Spokane, WA 99201
E-Mail: aliciaa@witherspoonkelley.com,
sjd@witherspoonkelley.com

[]
[X]
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[X]
[]

Via Facsimile
Via First Class Mail
Via Messenger
Via Email
Via CM/ECF Electronic Notice

Barbara L. Bollero
David A. Weibel
Bishop White Marshall & Weibel PS
720 Olive Way, Ste 1201
Seattle, WA 98101
E-Mail: tburt@bwmlegal.com,
dweibel@bwmlegal.com, bbollero@bwmlegal.com

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[X]
[]
[X]
[]

Via Facsimile
Via First Class Mail
Via Messenger
Via Email
Via CM/ECF Electronic Notice

Jody M. McCormick
Witherspoon, Kelley, Davenport & Toole
1100 US Bank Bldg
422 W Riverside Ave, Ste 1100
Spokane, WA 99201
E-Mail: erinh@witherspoonkelley.com,
jmm@witherspoonkelley.com

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[X]
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[X]
[]

Via Facsimile
Via First Class Mail
Via Messenger
Via Email
Via CM/ECF Electronic Notice

William P. Richardson
Clark County Prosecution -Civil Division
1300 Franklin St
Vancouver, WA 98660
E-Mail: thelma.kremer@clark.wa.gov,
bill.richardson@clark.wa.gov,
nicole.davis@clark.wa.gov

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[X]
[]
[X]
[]

Via Facsimile
Via First Class Mail
Via Messenger
Via Email
Via CM/ECF Electronic Notice

Pamela S. Owen
3912 NE 57th Avenue
Vancouver WA 98661
E-Mail: pamela.owen99@gmail.com,
emanuel.mccray@hotmail.com,
pamela.99.johnson@gmail.com

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[X]
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[X]
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Via Facsimile
Via First Class Mail
Via Messenger
Via Email
Via CM/ECF Electronic Notice

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DATED: September 29, 2015, at Bellevue, Washington.

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/s/ Rachel White

Rachel White, Paralegal

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DEFENDANTS INITIAL DISCLOSURES - 6
107977 110 fi23dt0233.002

P ETERSON R USSELL K ELLY PLLC

1850 Skyline Tower 10900 NE Fourth Street
Bellevue, Washington 98004-8341
TELEPHONE (425) 462-4700 FAX (425) 451-0714