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Emergency Motion for Temporary Restraining

April 30, 2009

SUPERIOR COURT OF WASHINGTON

IN AND FOR
FERRY COUNTY

, ) Case No.: 09-

)
Plaintiff, )
v.
)

)
ACCREDITED HOME LENDERS,
INC., ) EMERGENCY MOTION FOR
A California corporation, ) TEMPORARY RESTRAINING ORDER

Defendant. )
_________________________________)

Plaintiff,
requests the emergency issuance of a Temporary
Restraining Order, and as grounds for said requests states:
1.

Plaintiff has

filed an action for declaratory, injunctive, violations of the Consumer

Protection Act, and other relief which is incorporated herein by reference.

2.

Plaintiff is and was at all times material

hereto the legal owner of residential real property located at , Washington

(hereafter the “Property”).

3.

Defendant has

obtained a Writ of Restitution (copy attached and incorporated herein by

reference) as a result of having violated RCW 61.24.040(1)(b)(i), which

requires that a party seeking to foreclose a deed of trust against a borrower

both record a notice, in the form described in RCW 61.24.040(1)(f), in the

office of the auditor of each county in which the deed of trust is recorded and

to serve, at least ninety (90) days before the trustee’s sale by both

first-class and either certified or registered mail, return receipt requested,

a copy of the notice of sale upon the borrower, having so violated the statute

by causing a foreclosure sale of the Property to be conducted less than four

(4) full days after obtaining stay relief in the Plaintiff’s bankruptcy

proceeding and without ever serving Plaintiff with a copy of any Notice of

Trustee’s Sale at any time before said sale (and, in further violation of RCW

61.24.040, without serving said notice 90 days before the sale date).

4.

The Writ of

Restitution has been served upon the tenants residing at the Property, who are

scheduled to be evicted from the Property on the evening of Thursday, January

29, 2009.
5.

Pursuant to the Affidavit of in support hereof and filed

simultaneously herewith (and incorporated herein by reference), the tenants are

a young single woman with a two (2) year old son; a single man with a medical

disability; another single man with a substance abuse disorder who cannot

drive; and another single man who is facing financial hardship.

6.

As such, an emergency

Temporary Restraining Order needs to be issued forthwith to prevent the

wrongful eviction of these tenants which eviction is premised on a Writ of

Restitution which has been obtained by false, deceptive, and unfair practices

and through violation of the Trustee’s Sale Statute, RCW sec. 61.24.040.

7.

An emergency

Temporary Restraining Order is also needed to prevent the wrongful transfer of

possession of Plaintiff’s property to the Defendant AHL, title to which was

acquired in violation of applicable laws.

8.

Under the

circumstances where the Defendant has intentionally violated Washington

Statutory law for the express purpose of wrongfully acquiring the Plaintiff’s

real property with the specific intent to profit from such wrongful conduct and

where there is no harm to the Defendant in restraining it from profiting from

its unlawful actions, no bond should be required of Plaintiff as a precondition

 to the granting of the relief requested herein.

9.

Plaintiff has

made a claim in the Complaint for Declaratory Relief. RCW 7.24.190 provides

that the court, in its discretion and upon such conditions and with or without

such bond or other security as it deems necessary and proper, may stay any

ruling, order, or any other court proceedings and may restrain all parties

involved in order to secure the benefits and preserve and protect the rights of

all parties to the court proceedings.

10. As set forth

above, Plaintiff’s rights and legal status as to the Property have been

affected by the Defendant AHL’s intentional and express violations of RCW

61.24.040, which has resulted in the Property being wrongfully foreclosed and a

Writ of Restitution issued to Defendant AHL based on an improper foreclosure

which has in turn resulted in a wrongful eviction proceeding being initiated.

11. As Defendant

AHL is presumably intending, after execution of the Writ of Restitution, to

sell or convey the Property which was wrongfully acquired by said Defendant in

violation of applicable laws, Plaintiff requests that this Court, pursuant to

RCW 7.24.190, enjoin Defendant AHL from any such sale or conveyance, and that

this Court further enjoin all proceedings incident to the issuance of the Writ

of Restitution in order to secure the benefits and preserve and protect the

rights of all parties to these proceedings.

WHEREFORE, Plaintiff requests that this Court

immediately enter a Temporary Restraining Order immediately staying the

execution of the Writ of Restitution and any other post-sale proceedings

relating to the issuance of the Writ of Restitution including any eviction

proceedings pending the final disposition of the main action for the reasons

set forth herein, and for any other and further relief which is just and

proper.

DATED THIS 29th DAY OF JANUARY, 2009.

Respectfully

submitted,

________________________
W. Jeff Barnes, Esq.
,
Esq.
(counsel PHV) Local Counsel for
Plaintiff
W. J. Barnes, P.A.
1515 No. Federal Hwy., Suite 300 , Washington
Boca Raton, Florida 33432
Telephone: (561) 864-1067