Housing is a Civil Right

Housing is a Civil Right

Sunday, September 14, 2014

KingCast and Mortgage Movies See Safeguard Busted in Florida Foreclosure Trespass as Illinois Attorney General Expands Probe of Dubya Cronies.


You all should watch this second video as well. In part, it concerns the Butler-Hosch "buyout" of Regional Trustee Services.... who shit-canned long-time counsel at Robinson-Tait.  In the video I cash a check from RTS.  Anyway RTS is dirty as hell and we know this from area litigation over the years and from the fact that I had to threaten a lawsuit in order to simply get my Depo video cancellation fee out of them after they refused to provide a Deponent for video examination here in Seattle. So what's the connection to Safeguard you ask? Dubya and his cronies at The Five Star Conference (click the sponsor tab) that starts tomorrow! They are all co-sponsors but Safeguard is the biggest. Small wonder that they and their counsel apparently believe they can do whatever they want, whenever they want and to hell with us little folks. It is a foreclosure mill's wet dream. It gives me a headache.

Dear Attorney Erkkila: We meet again, and this time the stakes are higher. I received notice today, one year to the date of Attorney General Lisa Madigan's press release, that your client has again run afoul of the law. Specifically they, along with Keller Williams representatives Greg Beam and/or Pat Kolar, unlawfully entered premises owned by one Nellie Blanco, as you can see by the current Deed and related government - issued tax and property information. In today's taped phone call to me, Greg Beam denied any specific knowledge and said that Pat Kolar was handling this matter. Pat Kolar did not return my taped phone call. 


Now I am going to replay for you part of the video I did last fall, as noted in yesterday's video page dedicated to Seattle Judge Mark Chow. In said video I noted similar issues involving one Pattie Busby in Ohio, right next door to Attorney Madigan and contrary to your email to me today you and/or your client were on Actual Notice of these issues, see the thumbnail please.. I'm going to see to it that a new Facebook page is started and encourage people to seek local licensed counsel and to contact Attorney Madigan with their stories. 

Meanwhile I will be notifying the Cleveland Plain Dealer staff and Huffington Post -- who covered this issue a year ago -- to give them an update, because contrary to promises, Safeguard has not disengaged from activity at the Busby residence and they continued to attempt to harass and intimidate them.

A KingCast/Mortgage Movies Moment with King County Seattle Judge Mark Chow.

Video forthcoming Sunday afternoon. It is compressing now.
I absolutely love this picture. 
Too bad the focus is just a hair off, but boy what composition.
It actually reminds me of my all time favorite photo from 1990.
Earlier this evening I had the privilege of meeting His Honor and some of his family.  I was a guest of Jane Mair, whose home I had the privilege of saving, along with countless other area advocates and attorneys.  I was her final point of contact when I drove her down to Bank of America so she could finish her loan modification paperwork.  Here is the impromptu phone video from that exchange as well as the seminal Jane Mair Bank of America protest video, seen here.

Now what is funny about that second Jane Mair video is that it involves an Ohio visit with Safeguard, the Cleveland-based National entity that is under suit right now by Illinois Attorney General Lisa Madigan, one year to the day. Here's the AG press release. I have some new information about Safeguard and Keller-Williams Realty I am posting in my next journal entry on Sunday evening. It seems that they just can't stop breaking and entering into property to which they hold no legal claim. I have them red-handed in Florida this time. His Honor is aware that we will be bringing him up to speed on legal developments throughout the area and throughout the Country so that he may continue to make informed, progressive judgments from the Bench.

KingCast: Never Afraid to tell a Judge what time it is.



Thursday, September 11, 2014

KingCast and Mortgage Movies Ask: Will Cyrus Habib Rebuke the Theft of Michelle Darnell's Campaign Lawn Signs in Washington's 48th Senate Race?

"The Candidate is responsible.... It reflects badly on his campaign. 
It smacks of a dirty campaign that they do that."
Bonnie Styne, pictured, claims that several of the lawn signs she purchased to benefit 
Michelle Darnell's 48th District Senate bid have been stolen.
She has reported the matter to the Medina Police Department.
Video and many more stills forthcoming.

13 September 2014 Update:
On reflection I have decided not to run the video of my interview with Ms. Styne at this point in time, unless the sign theft becomes epidemic. My reasoning behind this decision is that I must assume that both candidates would in fact issue stern rebuke to anyone stealing signs because both candidates would rather everyone focus on the full explication of the salient issues at hand.  
That having been said, I must confess to practicing a little clairvoyance and perhaps wishful thinking with respect to Candidate Habib, who has thus far refused to respond in any fashion to the four (4) key questions I posted to both candidates back in July. As such, I honestly don't know that he intends to focus on the key issues. Time will tell. And as time takes on, I will be here telling what I see, as I see fit, when I see fit. There is a thing we have here in America called the First Amendment, and I will use it unrepentantly and without fear of unlawful repercussion. Stay tuned for video about other matters discussed at Wednesday's spaghetti dinner at Vista Lago.




Tuesday, August 26, 2014

Cyrusgate? Did Perkins Coie Advise Cyrus Habib to Internet Scrub and to Ignore Four Troublesome Questions in the 48th Senate Race Against Michelle Darnell?


Update 4 Sept. 2014: I am 99% certain that Cyrus Habib and Perkins Coie scrubbed the Internet to have negative information about him deleted.
See that negative return in the lower left corner?
Apparently no negative information about Cyrus Habib 
will be allowed online. Sorry, I must have missed the memo.
In full disclosure I am listed as a team member for Michelle Darnell's campaign because she paid me $250 to make her first 3 videos. I haven't been paid a dime since then yet I continue to document what I am seeing in this race because I feel like it and I have just enough of my own money and time to do so. I am not part of the control group and I make no decisions on policy or any of that. I am just the guy with the camera, documenting Ms. Darnell and Mr. Habib. 

Here then, is a link to Ms. Darnell's responses to the four questions that Mr. Habib ignored.

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The Seattle Stranger wrote that Michelle Darnell was in favor of raising taxes on the middle and lower economic strata, and clearly implied that she was a hypocrite. I got into it with them because they wouldn't release a video or audio of the exchange and I know for fact that Ms. Darnell does not want to raise taxes in that fashion. 

Now I have worked as a field scout for three different presidential campaigns going back to the 80s with Jesse Jackson, and in the modern era for Dick Gephart and John Kerry. Along with way I have won several first amendment trials and settlements so I am very particular about political commentary or defamation issues. Just this spring a $.5M Defamation Jury Verdict was entered against the Boston Herald after I helped Joanna Marinova secure her counsel at Todd & Weld 4 years ago. Todd Weld summary.

That having been said not every situation calls for legal action. While I most certainly do view the comments from the Stranger as Defamatory, this isn't the place for a lawsuit, but it is a place for me to ask the questions to both candidates that the Stranger will not openly discuss. I gave both candidates written questions and an opportunity to respond in unedited video but only Candidate Darnell responded. Her full response, unedited, appears above and her written responses are forthcoming today on the journal page. Bur first watch my video visit to Cyrus Habib's office at Perkins Coie -- counsel for the entire democratic party, who advised Candidates Kerry and Obama along the way. Query, did they advise Cyrus Habib to ignore these questions:
Remember the four (4) questions I posed to 48th District Candidates Cyrus Habib and Michelle Darnell a month ago after a completely inaccurate endorsement from the Seattle Stranger stated that Ms. Darnell was in favor of raising taxes on Joe the Plumber?  Well in case you don't recall, they are linked above and replicated in the comments section below for your edification.

Candidate Darnell timely responded with video and written responses that directly contradict the materially false and misleading endorsement for Cyrus Habib, whose $200,000.00 war chest was built largely with out-of-state contributions like any other corporate attorney candidate. There's nothing new here.

Be that as it may, I waited patiently for a response from Attorney Habib for weeks, emailing and calling him at his campaign headquarters and legislative office. Finally, having not received any response I took a video ride to his high-rise digs at Perkins-Coie, the law firm that also serves as counsel for the National Democratic Party.  In the video I wonder if they advised Cyrus Habib to stonewall me...... on the believe that Ms. Darnell is not a viable threat even though she garnered 37% of the vote with 4% of the money.

This is part one. In part two I will air Candidate Darnell's written and video responses. Keep in mind that I afforded Cyrus Habib the exact same opportunity, to run unedited written and video responses but he didn't believe that transparency required him to engage himself.  Let's see how that plays with the voters and on public access TV here in the Sound.

Saturday, August 23, 2014

KingCast and Mortgage Movies See Court Slam Stafne Law Offices in Lamelson v. NWTS Without Discovery: "They Have the Original Note and Allonge, Summary Judgment Granted."

Two videos forthcoming. 
Saturday: Post Hearing Discussions
Monday: The entire hearing.
Here is Plaintiff's failed Motion to Strike Summary Judgment. There is a pending Discretionary Review out there on the lack of Discovery afforded Plaintiff, meanwhile NWTS will have to Counterclaim for Foreclosure or Possession because it is certainly a Compulsory Counterclaim to Plaintiff's DTA Action.  The full video of the hearing is coming by the top of the week, but for now just watch the tail end of the proceedings as I discuss matters with Attorneys Gromley and Stafne, and interview Attorney Stafne outside.  He believes that expert witness Nye Lavelle's declarations of probable falsity in this specific case were grounds to allow Discovery to see if those documents were fabrications, as so many of them are these days.  He also claims -- with some force -- that other Courts have recently found that the entire MERS model renders them without power to transfer anything.  I watched some of these other cases as noted in recent journal entries, and I must concur.

I also have grave concerns about MERS being in the purported Chain of Title, Assigning more than it legally could have. Take a look at the thumbnail.

Be that as it may, while you can't hear much of it because of competing conversations, my discussion with Attorney Gromley largely concerns Fn3 from Knecht v. Fidelity and whose burden it is to prove up the Chain of Title.

Friday, August 15, 2014

KingCast and Mortgage Movies Celebrate as Stafne Law Crushes MERS, Fidelity and Deutsche Bank in Knecht v. Fidelity Summary Judgment; MERS Assignment a Legal Nullity.



Above: Attorneys Scott Stafne and Josh Trumbull at the command center 
as we discussed the ramifications of yesterday's Federal Court victory.

Several months ago KingCast/Mortgage Movies cameras interviewed Attorney Scott Stafne relative to the Unconstitutional Nature of the Deed of Trust Act vis a vis his pending case of Knecht v. Fidelity, 2014 U.S. Dist. Lexis 113131 (Washington WD 2014).  We were both clearly worried but it turned out for the good because they got a Judge who actually gives a damn. You see, in my vast experience as former escrow attorney and in shooting dozens of courtroom videos I see that some Courts and Judges get it: See Bradburn v. ReconTrust in which I shot the entire argument on some of the same issues manifest herein.  See also this summer's case of Pardo v. OCWEN, MERSCORP, NWTS. In this case the Judge denied the Stafne Constitutional arguments but at least got most of the the evidentiary matters correct.

However, some steadfastly refuse to acknowledge what I consider to be basic tenets of Jurisprudence. To wit, Judge Marsha Pechman, who is -- unfortunately in my opinion -- the Chief Justice in the Western District. I'll tell it straight to her face if given the opportunity, it's a Free Country the last time I checked. Heck, Attorney Stafne said as much when he moved to recuse her last year as noted in the above links, supra.

Here is the yesterday's ORDER from Hon. Richard C. Jones. I have taken the liberty of quoting some of the salient passages but there is much more.
"In Washington, lenders hoping to take advantage of the MERS system designated MERS as the beneficiary of deeds of trust, just as ABC did in Mr. Knecht’s deed of trust. But it is now clear that Washington law does not permit MERS to act as a beneficiary unless it is also the “holder” of the note secured by the deed of trust. Bain, 285 P.2d at 47. 

There is no suggestion that MERS ever held Mr. Knecht’s note, and yet it purported in April 2010 to assign to DB “the Promissory Note secured by [the Knecht] deed of trust and also all rights accrued or to accrue under said Deed of Trust.” The assignment, which is recorded in King County, was executed by “MERS as nominee for [ABC],” but there is no evidence that ABC actually authorized MERS to effect the transfer. See Bavand v. OneWest Bank, FSB, 309 P.3d 636, 649 (Wash. Ct. App. 2013)(noting MERS’s failure to establish its agency relationship with a noteholder). There is no dispute in this case that MERS lacked the power to transfer anything to DB. Knecht, 4-5. 

Mr. Knecht has offered two pieces of evidence: his original note and deed of trust, in which DB held no interest; and the MERS assignment, which was a legal nullity. A trier of fact could determine that this evidence makes it more likely than not that DB has no valid interest in Mr. Knecht’s note or deed of trust. Knecht, at 7. 
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 Fn3 --  The court observes that it is the beneficiary, not the borrower, who can be expected to possess evidence that it is the holder or owner of a promissory note. The court finds it unlikely that a Washington court would burden the borrower alone with providing that evidence. As the Bain court observed, in cases where “the original lender ha[s] sold the loan, th[e] purchaser would need to establish ownership of that loan, either by demonstrating that it actually held the promissory note or by documenting the chain of transactions.” 285 P.3d at 47-48.
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Mr. Knecht has evidence of damages caused by MERS’s and DB’s conduct. Mr. Knecht did what many homeowners faced with the prospect of foreclosure would do: he investigated. His evidence establishes that he spent substantial time on that investigation, and that suffices to establish a CPA injury. Walker, 308 P.3d at 727 (“Investigative expenses, taking time off from work, travel expenses, and attorney fees are sufficient to establish injury under the CPA.”). DB and MERS insist that the cause of Mr. Knecht’s injury was his default, not their wrongdoing, but they are mistaken. If a jury concludes that DB had no authority to foreclose, then a trier of fact could infer that the cause of his need to investigate was DB’s wrongfully-initiated foreclosure proceedings."