Erick J. Haynie, OSB No. 982482 

EHaynie@perkinscoie.com 

Gabrielle D. Richards, OSB No. 114992 

GRichards@perkinscoie.com 

Jeffrey M. Peterson, OSB No. 115723 

Jeffrey Peterson@perkinscoie.com 

PERKINS COIE LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Telephone: 503.727.2000 

Facsimile: 503.727.2222 

Attorneys for Plaintiff 

LNV Corporation 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

LNV CORPORATION, a Nevada 

corporation, 

Plaintiff, 

v. 

ROBYNNE A. FADLEY, a citizen of the 

State of Oregon; and U.S. BANK 

NATIONAL ASSOCIATION, 

Defendants. 

Case No. 3:15-cv-01422-HZ 

DECLARATION OF GRANT A. 

HAMILTON IN SUPPORT OF 

PLAINTIFF'S MOTION FOR SUMMARY 

JUDGMENT 

1- DECLARATION OF GRANT A. HAMILTON IN SUPPORT 

LEGALl28 OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 

380227.2 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 24 Filed 11/10/15 Page 1 of 6
I, Grant A. Hamilton, declare as follows: 

1. I am the Vice President of Compliance and Operations of MGC Mortgage, Inc. 

("MGC"). MGC is the authorized loan servicer for LNV Corporation ("LNV"), which is the 

plaintiff in this lawsuit. LNV and MGC are affiliated entities with common ownership. I am 

authorized by LNV and MGC to make this declaration and have primary responsibility for the 

administration of the residential loan that is the subject of this judicial foreclosure action. 

2. I am fully familiar with the facts and circumstances of this matter based upon my 

personal experience, knowledge of the history of the loan described herein, and my review of 

pertinent documents, including the various loan documents that are attached as exhibits hereto. 

3. MGC is a business. I am personally familiar with the asset management practices 

and procedures of MGC with regard to the servicing of mortgage loans, including record keeping 

as it pertains to custody of notes, mortgages, trust deeds, and other loan documents with respect 

to mortgage loans held by entities for whom MGC serves as servicer, including for LNV. MGC 

services mortgage loan accounts in the regular course of its business and makes, in the regular 

course of its business, records of the acts, transactions, custody of loan documents, events, and 

occurrences regarding and pertaining to the mortgage loans it services. In addition, MGC, in 

servicing mortgage loan accounts in the regular course of its business, utilizes records prepared 

by other agents of the holder of the loan documents, such as the custodian of certain loan 

documents and prior servicers or holders. Records of such acts, transactions, custody of 

documents, events, and occurrences are made at the time of the acts, transactions, events, and 

occurrences or within a reasonably prompt time thereafter. 

4. All of the exhibits that are attached hereto are maintained by MGC as business 

records in accordance with the procedures set forth in the preceding paragraph, in the ordinary 

course of business, or are operative legal documents setting forth the relationship between LNV 

as note holder and defendant Robynne A. Fauley ("Defendant") as borrower. I am also familiar 

with the allegations contained in the Complaint. 

2- DECLARATION OF GRANT A. HAMILTON IN SUPPORT OF 

LEGAL1283PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 

80227.2 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 24 Filed 11/10/15 Page 2 of 6
5. I submit this declaration in support of LNV's motion for summary judgment on 

its judicial foreclosure claim. LNV seeks to foreclose a trust deed on the real property known as 

Parcel 1, Partition Plat No. 1999-041, in the County of Clackamas and State of Oregon, more 

commonly known as 12125 Southeast Laughing Water Road, Sandy, Oregon 97055 (the 

"Property"). Defendant is the grantor of the trust deed and is the borrower on a note that is 

secured by the trust deed. 

A. The Loan to Defendant Fauley 

6. On or about June 12, 2002, Washington Mutual Bank, FA ("WaMu") loaned 

Defendant $330,000.00 (the "Loan"). 

7. The Loan is evidenced by the Note in the amount of $330,000.00, dated June 12, 

2002 and signed by Defendant (the "Note"). Attached as Exhibit 1 is a true and correct copy of 

the Note and the subsequent allonges to the Note. The original lender on the Note is WaMu, and 

the borrower is Defendant. As additional evidence of the Loan, attached as Exhibit 2 is a true 

and correct copy of the HUD-I Settlement Statement for the Loan, which Defendant signed. 

8. Attached as Exhibit 3 is a true and correct copy of the Deed of Trust ("Trust 

Deed"). The Trust Deed is dated June 12, 2002 and was signed by Defendant and recorded in 

Clackamas County, Oregon on June 20, 2002 as Instrument Number 2002-057800. The Trust 

Deed secures, among other things, Defendant's repayment of the Note. As the trustor of the 

Trust Deed, Defendant granted and conveyed, in trust, the power of sale of the Property. The 

Trust Deed provides that WaMu is the beneficiary. 

B. Transfer of the Note and Trust Deed to LNV 

9. WaMu transferred the Note to Residential Funding Corporation by endorsing the 

Note to the order of Residential Funding Corporation and delivering the Note to Residential 

Funding Corporation. (Ex. 1, at 2.) Residential Funding Corporation transferred the Note to 

Deutsche Bank Trust Company Americas by endorsing it to the order of Deutsche Bank Trust 

Company Americas and delivering the Note to Deutsche Bank Trust Company Americas. (Id.) 

3- DECLARATION OF GRANT A. HAMILTON IN SUPPORT OF 

LEGALI283PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 

80227.2 

Perkins Coie LLP 

1120 N. W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 24 Filed 11/10/15 Page 3 of 6
Deutsche Bank Trust Company Americas transferred the Note to Residential Funding Company, 

LLC by endorsing it to the order of Residential Funding Company, LLC in an allonge and 

delivering the Note and allonge to Residential Funding Company, LLC. (Id. at 3.) Residential 

Funding Company, LLC transferred the Note to LNV by endorsing it to the order of LNV in an 

allonge and delivering the Note and allonges to LNV. (Id. at 4.) Litton Loan Servicing, LP was 

the loan servicer of the Loan for Residential Funding Company, LLC. LNV is now the note 

holder, and it has physical possession of the Note. 

10. On or about March 10, 2008, Residential Funding Company, LLC assigned its 

beneficial interest in the Trust Deed to LNV. A true and correct copy of the Corporation 

Assignment of Deed of Trust executed by Residential Funding Company, LLC ("Trust 

Assignment") and the Oregon State Recorder's cover sheet for the recordation thereof is attached 

hereto as Exhibit 4. The Trust Assignment was re-recorded in the official records of Clackamas 

County, Oregon on April 17, 2012 as Instrument Number 2012-023 3 99. (Ex. 4, at 1.) Under the 

Trust Assignment, LNV is the current beneficiary of the Trust Deed. 

C. Defendant's Default on the Note and Trust Deed 

11. Under the Note, Defendant was required to make monthly payments on the first 

day of each month beginning on August 1, 2002. (Ex. 1, at 1.) The failure to pay the full 

amount of each monthly payment by the due date constituted a default. (Id.) Furthermore, 

Defendant was obligated to pay when due her debt on the Note under Section 1 of the Trust 

Deed. (Ex. 3, at 2.) The failure to make full and timely payments on the Note was a breach of 

the Trust Deed and a default thereon. (Id. at 2, 7.) 

12. Defendant did not pay the full amount of the monthly payment due on March 1, 

2010. Attached as Exhibit 5 is a true and correct copy of the Payoff Statement for the Loan. 

Defendant's last payment on the Loan was in August 2012. The Payoff Statement shows that, as 

of October 30, 2015, the total amount to pay the Loan in full was $461,960.32 and that the 

unpaid principal balance was $297,689.08. (Ex. 5, at 1.) 

4- DECLARATION OF GRANT A. HAMIL TON IN SUPPORT OF 

LEGAL1283PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 

80227.2 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 24 Filed 11/10/15 Page 4 of 6
13. In August 2012, MGC mailed a notice of default regarding the Note and Trust 

Deed ("Notice of Default") to Defendant. A true and correct copy of the Notice of Default is 

attached hereto as Exhibit 6. 

14. The defaults under the Note and Trust Deed remain uncured to date. As of 

October 30, 2015, Defendant owed under the Note and Trust Deed the sum of $461,960.32 as of 

October 30, 2015, consisting of principal in the amount of $297,689.08, interest at the rate of 

7 .125% in the amount of $121,877.24, escrow/impound overdraft of $27 ,291. 70, unpaid late 

charges of $2,182.70, a recoverable balance of $7,399.66, a BPO in the amount of $100.00, taxes 

in the amount of $4,835.69, recording/assignment fee of $106.00, and a property inspection fee 

of $478.25. (Ex. 5, at 1.) 

D. LNV is exempt from the Oregon Foreclosure Avoidance Program 

15. Pursuant to the Oregon Foreclosure Avoidance Program, LNV submitted its 

Beneficiary Exemption Affidavit ("Beneficiary Exemption"), as evidenced by the true and 

correct copy of the Beneficiary Exemption attached hereto as Exhibit 7. 

I declare under penalty of perjury that the foregoin 

Executed on November/O , 2015. 

Vice President, Compliance and Operations 

MGC Mortgage, Inc. 

5- DECLARATION OF GRANT A. HAMILTON IN SUPPORT OF 

LEGALl283PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 

80227.2 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 24 Filed 11/10/15 Page 5 of 6
CERTIFICATE OF SERVICE 

I hereby certify that I served the foregoing DECLARATION OF GRANT A. 

HAMILTON IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 

on the following: 

Robynne A. Fauley 

12125 Southeast Laughing Water Road 

Sandy, OR 97055 

email: ihomm@ihomm.org 

to be sent by the following indicated method or methods, on the date set forth below: 

m bymailand 

m byemail 

DATED: November _ , 2015 PERKINS COIE LLP 

B: 

Erick J. Haynie, OSB No. 982482 

EHaynie@perkinscoie.com 

Gabrielle D. Richards, OSB No. 114992 

GRichards@perkinscoie.com 

Jeffrey M. Peterson, OSB No. 115723 

J effreyPeterson@perkinscoie.com 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Telephone: 503.727.2000 

Facsimile: 503. 727 .2222 

Attorneys for Plaintiff 

LNV Corporation 

Perkins Coie LLP 

PAGE 1- CERTIFICATE OF SERVICE 1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

LEOAL1283802 

27.2 

Fax: 503.727.2222 

10

s/ Jeffrey M. Peterson

Case 3:15-cv-01422-HZ Document 24 Filed 11/10/15 Page 6 of 6