Housing is a Civil Right

Housing is a Civil Right
mortgagemovies007@gmail.com

Sunday, June 17, 2018

KingCast, Mortgage Movies and Stafne Law Consulting Present: The Torrens Act & More SPS Foreclosure Fraud.


Torens Application Interrogatories to Quiet Title and Fight Fraudulent Foreclosure by Christopher King on Scribd

In yet another Select Portfolio debacle we see them dodging regulation interrogatories that allegedly indicate that much of the lending mechanisms behind the entire banking and mortgage infrastructure may be a complete nullity.

This is a long post but you need to read and to digest it all because it is a Game Changer. 

Take your time -- and note that I will be posting a set of Interrogatories with respect to 12 CFR 211.6 by Monday morning, 18 June 2018.

ran video of them losing on Summary Judgment in a foreclosure case three (3) years ago, in 2015.


Mind you, this was after their attorneys had filed a specious Removal Notice against Marilynn Shcolnik, a frail, elderly handicapped woman. I was there to document all of it on video (Top video, above).

........much as this case will be a segment on my upcoming TV show. More on this later.

What is at stake here is a fundamental interruption of the way The Game is played. Fast forward three years to 2018 and there are some basics to understand:

I. You can file a Torrens Action in Washington State to Compel the Registry of Deeds to correct errors in your Chain of Title. At least for now. Writes Stafne Law Advocacy and Consulting in a recent Journal Entry:
If you own a home in Washington State, and you want to protect your investment, our recommendation is that you need to take action NOW, before the Washington State Association of County Auditors (WSACA) gets its wish, and they are successful in getting the legislature to repeal RCW 65.12 Registration of Land Titles, or more commonly known as the Torrens Act. Two bills were proposed this past year, HB 2204 and HB 2315, to do just that, and you can be sure that it will be revived again this next year, as it is identified as one of WSACA’s legislative priorities. 
There is an existing Complaint filed in Mason this year: Singleton v. West Valley Associates et al. Read it here.

***********

Now we come to the case at bar, which mirrors that of Singleton. It will be filed soon too. The homeowner told me:

"The registrar should really remove [the false encumbrances] on the basis that it is fraud and and there are two state supreme Court cases stating that G. Hernandez was never an employee of MERS and MERS had no authority to assign anything for New Century." (KingCast/Mortgage Movies note: See the purported corporate Assignment dates 15 July 2010 -- the height of the fraud).

Meanwhile New century never assigned the mortgage to anyone else so no one has authority to assign afterwards.....

************

II.   12 CFR forbids the banks from extending (with exception of local credit unions) from extending credit or loaning money in the states. I have been hearing this lately and it seems so simple but hard to believe but the plain language is right there. 

12 CFR 211.6 - Permissible activities of Edge and agreement corporations in the United States.

Yet this is what allegedly has happened in many cases, a few of which I will be watching right here in Washington. The Homeowner writes:
"They evade, ignore and bully. We sent these banking regulations to SPS and they responded saying that they were not a bank so therefore those regulations did not apply to them but they're collecting on behalf of Deutsche Bank (allegedly, we've yet to see anything substantiating that claim) and proceeded to tell us that according to their records our account has been referred to an attorney for legal action and a foreclosure sale is set for June 29th as a means to bully and intimidate but the attorney's office and trustee company they are referring to filed  chapter 7 bankruptcy in April of this year.  
Shortly after we received the response from SPS an associate from our attorneys office found a new appointment of successor trustee executed by Deutsche Bank to Quality loan services for them to start foreclosure. Why wouldn't SPS execute the appointment of successor trustee as they've executed the previous three unless it scared the hell out of them? I've sent those same interrogatories to Deutsche Bank and they never responded. Now Quality Loan Services is attempting foreclosure and has served us with a notice of foreclosure before they ever issued a notice of default and have failed to give us 30 days to dispute their claim under the FDCPA and Quality Loan Services from my understanding has already been sanctioned by Washington State AG Ferguson yet they still continue business as usual.
Q: So you have two issues. The 12 CFR issue and the ReconTrust/Chain of Title issue? 

A:  Yes. 
"New Century never assigned the mortgage to anyone else and then went bankrupt in April 2007 and went out of business while continuing to take our payments for an additional three months after they filed bankruptcy and MERS cannot assign anything. Especially on behalf of a defunct New Century. We have a copy of an order from the US bankruptcy court that revoked MERS executory power to assign anything on behalf of New Century that was in effect years before this MERS assignment was filed against our property title. 
So they had no authority to assign (and definitely not 3 1/2 years later) and then on top of it the MERS assignment was executed by the infamous G. Hernandez who I believe was the subject in the Bain v Metropolitan Mortgage Group and Bradburn v Recontrust cases and who was declared to never have been an employee for MERS as well as the fact that Washington AG Rob McKenna kicked ReconTrust out of the state for unlawful business practices so that in itself should also void any contracts or filings within the state. This whole situation has never been a matter of just not paying our mortgage. 
We paid faithfully until we no longer knew who to pay and then after a substantial amount of time passed several servicer's came out of nowhere demanding that we pay them some outrageous amount of money including excess fees and penalties. One of which started foreclosure against us before ever notifying us they were the servicer and we offered to pay but they had tacked on so many penalties there was no way that we could pay the amount they wanted and they refused to take the payments from between New Century and them. The rest of the servicer's alleging claim to our mortgage continued in the same pattern before providing anything to substantiate their claim of ownership. SPS's recent letter stated that we are in default as of March 2012 yet all of the previous correspondence between them and our attorney stated that we were in default from July 2007 and when our prior attorney asked for proof of their advances to the alleged trust they're claiming they are collecting on behalf of they sent correspondence indicating that all of the advances occurred on May 30th of 2017 backdating all the way to 2007 so which is it? 
The homeowner continues:
"When we tell our story people always say "wow that is so crazy" but if people truly knew how common our situation really is they wouldn't be so shocked by the details and maybe as a whole we could get some reform passed to where millions of homeowners wouldn't be unlawfully kicked out of their homes. We know a wonderful couple who are going through the same situation. They had the same New Century Mortgage with a MERS assignment years later. Their property has been in the husband's family for over a hundred years and this is where he grew up as a child and it's extremely sentimental to him and they're fighting being evicted from their property that was illegally foreclosed on. We also have a friend from high school who has 3 young children and she's been battling cancer for years and recently lost her home. It's totally heartbreaking " 
KingCast note: See the purported Assignment dated 15 July 2010 involving one G. Hernandez on behalf of MERS as thumbnail.

KingCast note: See also the overturned Foreclosure sale in Bradburn v. ReconTrust in my Scott Stafne for Congress Mortgage Movies Journal Entry (also top video to this Journal Entry).

Saturday, May 26, 2018

KingCast Says Seattle is Going to Hell in a Hand Basket. Meanwhile, an RCW §42.56 Public Records Request to City Attorney Pete Holmes on Multnomah County et al. v. MERS.


Prologue to Prologue:  So now these clowns repeal the head tax, leaving no clear mechanism to fund the mandate to help the poor and homeless.  And MERS sits on the table. I have not heard back on my request for records. I'll be pressing on this during he week of the 18th.

Prologue: As my colleague Michelle Darnell aptly points out on her FB page, City Council doesn't mind skyrocketing rents and all of that stuff because the more money you make the busier you are, and you are likely working for an MNC and won't rock the system. The less money you have, the less opportunity you have to rock the system because you're worried about where your next meal is coming from. I think Kshama Sawant is one of the worst offenders when it comes to the banking and MERS. I congratulated her healthily years ago when she squared off and defeated Rich Conlin, and I did free videos for her campaign but now she will not say one damn thing about MERS publicly when she used to march and protest with us. I guess that doesn't look so good on her portfolio these days, right:  

Proof:  http://mortgagemovies.blogspot.com/2013/11/kingcast-and-mortgage-movies-applaud.html 
Yah that's me standing behind Kshama's head.
Do your Googling. Stay informed.
There is a movie at the link above. Read the comments.
Turns out I was wrong, and IrishSlave was right.
He said "sellout or be crushed."
I said "doubtful."

1.800.SELLOUT

Seattle is going to hell in a handbasket. The debacle and disrespect concerning Interim Police Chief Carmen Best is only a symptom.  Watch the top video for well-reasoned community uproar.

I told you 4 years ago that Seattle had a burgeoning crime problem as our windshields were smashed, my bike lit on fire and a stalker roamed the streets of First Hill. My ex and I were assaulted by a mentally unstable person in our apartment building. Our dog was killed by an unscrupulous day care owner while local municipalities largely turned a blind eye. We had to sue (KOMO coverage). Rest and Play in Peace Livi the Wonderdog, we love you.

Now we have opioids in our mussels, people stealing mail by the bushel in Queen Anne, dead people showing up on our public streets in Ridgecrest, a community-minded woman stabbed 60 times allegedly by her deadbeat housemate and a woman raped at a local Volkswagen dealer. 

GO FUND ME PAGE.


We all know and love this woman. I don't advocate violence but yah I want to kill the guy; at least punch him in the throat and break his windpipe but I digress. That won't help her heal and she is an amazing person and we wish her nothing but the best in her recovery. But even if we did not know her, this is a post I have been waiting to write for a few days now, ever since returning from two multi-city jaunts in the past month in my former cites of Atlanta, Cleveland, Dallas and several more airports to boot:


When I return to Seattle I feel that the City has lost its harmonic or hormonal balances. There is so much rampant homelessness and mental illness around here it's post apocalyptic. I can't put my finger on it but I feel it is the presence of The Devil. I am definitely on an Exit Seattle plan in the next two years. Just spoke to an old mortgage and radio friend of mine who moved to Arizona recently. She couldn't be happier. I won't be going anywhere near Sheriff Joe's Maricopa County, but there are many other possible venues in AZ and beyond that are not poisoned by the seed of the Devil, IMO. That's all I'm going to say. The crime statistics say the rest.


PS: Meanwhile City Council continues to ignore the possibility of suing Mortgage Electronic Registration Services to help pay for solutions to the homeless epidemic. This in spite of the fact that our tax dollars were paid to my colleague Marie McDonnell to conduct a study of the King County Recorder's Office. She recommended suing MERS but I had to leak the study (The David Dayan Intercept story and report) because they refused to provide it and with the exception of Nick Licata they all refused to even allow her to present her findings in public.


Meanwhile Multnomah County -- Portland -- sued MERS and collected $9M. King County is three times the population so we are turning down approximately $25M there, and then eleven other Counties have sued MERS in Oregon as well, still pending. So next week I am going to print this journal entry out and return to City Council and demand all public records where City Attorney Pete Holmes or any City Councilors individually or collectively studied the possibility of suing MERS and the reasons why they have thus far decided not to do so. 


If they claim that there are no responsive documents then I want a written explanation from Attorney Holmes as to why he is not working the the County or others to sue MERS.  I like Pete. In general I think he's a good City Attorney. But I have no sacred cows and I'm going to ask the difficult questions. It's what I do.


Now Tim (Burgess) et al, y'all can be as mad as you want to be with me, but I'm not the problem I'm only a messenger.  And long after I roll out of here the words falling out of my mouth will echo across your individual and collective conscience for the rest of your lives. Every time you walk into that Council Chamber you will remember I told you so.  Remember that.

Monday, May 14, 2018

KingCast and Mortgage Movies See MERS and U.S. Bank et al. Continue to Screw Seattle Area Vietnam Veteran and Father on a Predatory Loan and Foreclosure.


Read an email I sent out to Department of Financial Institutions and others 
below the bottom video. We all know major press won't touch this
so I am taking to my own cable TV show. To hell with them.

Note: All videos are posted here.
Predatory lending and dishonest banking and mortgage industry have conspired to ruin Michael Levitz' life:  Many years ago his wife signed a predatory Adjustable Rate Mortgage (ARM) and a huge balloon payment. How do I know this?  Because I was a closing attorney fifteen (15) years ago when these sleazy products were being sold. All kinds of products that allowed everyone to buy a home but no one to actually own one.  Even people who did nothing with their homes were harmed because of the diminishing equity they faced; it was complete cyclical destruction of the middle class. See S&L scandal of the 1980's and Enron of the 1990's. Saul Alinsky will tell you all about that. 

But I digress. Knowing he was about to get jammed up he structured a sale of a portion of his mountain view/lake view property several years ago and was in escrow when the purported lending institution -- Chevy Chase Bank -- disappeared. It was being merged. So instead of being able to pay off the mortgage he went into limbo and they went into hate mode, tacking on usurious fees and penalties, dual tracking him while he was in mediation, and putting on force-placed insurance, whatever bad they could do to this guy, they did it.

So I started making movies about his situation and contacting Washington State authorities including the Office of the Attorney General and Department of Financial Institutions who have had feet of clay for some time now, even though the AG had previously argued that MERS wrecks a Chain of Title and the DFI has already ruled that MERS is a False and Deceptive business practice when cited as being a Beneficiary.

Well then I got him a lawyer -- two of them to be precise. They filed a Chapter 11 in Federal Court. The only debt this guy really has is this stupid mortgage albatross.

They were in settlement mode when the banksters filed a malicious Motion to Dismiss the Adversary Complaint, basically arguing that the Quit Claim Deed to the property and his Power of Attorney from his estranged wife is not good enough for him to proceed, and that it's OK for MERS to be a Beneficiary -- no harm no foul -- regardless of what the Law technically says. 

SMH.

Stay tuned folks and watch the video on top and do your own Google searches for Michael and me. I'm taking this one to my TV show on Roku in June. Watch for "Corruption Meets Camera."

Meanwhile many of us who joined with Marie McDonnell 3 years ago after her King County/MERS audit will be at City Hall tomorrow as the city continues to grapple with its homeless issue and corporate taxation, i.e. "the Amazon Tax."  Query, where in the hell were they 3 years ago when they refused to sue MERS as they had done in Multnomah and other Oregon Counties and settled for millions.  Seattle took taxpayer money and paid Ms. McDonnell to do a report, she did a report and encouraged litigation, then the only City Council with the chutzpah to agree to let her present was Nick Licata. 

We had to hold our own Mortgage Economic Reality Summit because Seattle City Council were too scared to sue MERS... and this includes Kshama Sawant. I say this because back when I was making free campaign movies for her she was big into the fight against these banks and actually got arrested. Since then, nothing from her on MERS. Anyway, read this and watch this:

 

MERS to Quality = No Standing to Foreclose. And Mike Wileman is a robo signer to boot. Read the documents.
January 09, 2018 at 5:53 AM
From
To
Cc
Great Morning folks.

MERS cannot appoint a Successor Trustee. It’s that simple. Quality has no Standing and there is no Real Party in Interest Manifest.

In this case the Assignment is void ab initio because it is all about the entity of MERS, rather than identity of the individual robo-signer, which would render the Assignment merely voidable. Therefore Mr. Levitz may correctly challenge under Yvanova v. New Century 365 P.3d 845 (2016). 

How can MERS Assign that which it does not own?
And again this Series is not even registered with the SEC
When did Mike Wileman work for MERS? 
He worked for Orion Financial Group 2001-2017.
CitiMortgage Settled foreclosure Fraud Cases involving Orion documents. Lynn Szymoniak sued Orion as well, on her way to her $18M Settlement. Orion might not have been flagged, but they are dirty too. 

MERS made QLSC Trustee but MERS cannot do this.
And the underlying Trust is not registered with the SEC.



SMH.

Wednesday, April 18, 2018

KingCast/Mortgage Movies Sees Another Abusive Seattle Area Eviction at Discovery Heights.


Note: On further review it might not be Laura Thomassen... just her Evil Twin.
They will have much more to concern themselves with soon from what I hear.

First of all, anytime someone is uncomfortable in front of a camera my hackles go up. If you're on the up and up there's no need to be uncomfortable, but these two characters sure were.  The one on the right -- Keisha Washington -- kept fidgeting like a two year-old and the one on the left -- whom I believe to be Laura Thomassen -- actually told me "I don't know why you're taking pictures of me because I'm not with them."

Come to find out she's the freaking property manger, right. Whatever her name is, she was clearly "with them" so why tell a bald-faced lie?  And frankly if you'll lie about your identity you'll lie about anything.

Now then, in response to my Meaningful Movies/Company Town video someone wrote that they could live anywhere they wish.

I responded thusly:

Of course you can move where you wish, but the point is that many people who already live in these company cities are being displaced by bullshit evictions so that they can jack up the rents.  I just witnessed another one at Discovery Heights near Blakely Hall where I shot this video. Stay tuned for THAT video on or about today, 18 April 2018.

**********

OK so in this case basically the tenant claimed there was a glitch in the system when she went to pay the rent using an automated system, I believe it was ACH. She was on vacation and had not been late on rent since signing up for the system last June or July. Discovery Heights puts on Hearsay testimony that someone reviewed the system and that there was no problem. Meanwhile the tenant testified that she had no idea about the three-day notice. Once she got notice she claims she tried to pay but they played the shell game with the file even though Keisha had told her she could pay the money. Then a 10 Day Notice was sent out on 7 March 2018. 

The notice offered an opportunity to cure. 

Moreover, Keisha Washington left a voicemail on the 14th. I have listened to the voicemail and she states"
"Today is the day we send everything over to legal over to eviction and I'm trying to avoid that by trying to get in contact with you please call me today please call us with a plan for what you are going to do with your rental payment."

From the Tenant's court filing:

On March 14 Discovery West Management (Lakeisha Washington) left a voice message saying it was her second phone call. She said rent is late and she was sending my file to the law firm by the end of the day. The Defendant called her back within 30 minutes of the message. No one answered therefore the Defendant left a voice message indicating she wants to clear this up immediately and asked for clarification about payment method. There was no return call from Ms. Washington by the end of day. The Defendant subsequently called again the following day and left another message as well as sending an email.

Ms. Washington called back Thursday afternoon. The Defendant was told that the law office was already drafting paperwork to commence eviction and the management company could not accept payment. This was of course several days prior to the final date of the Ten Day Notice of March 19, 2018.


The Defendant asked why there was no return call from the prior day as she wanted to get the issue cleared up before sending the file to the attorney office.
Note: The Tenant has apparently miscalculated the 10-day Notice cutoff by two days but in any event she claims that they played the shell game with the file and didn't actually provide  any way for her to tender the money prior to the expiration of the 10 day period.

So on 23 March the tenant -- a mother of two young children -- delivered a Certified check, which was rejected.

Nice.

Curiously, as I watched this hearing today no one mentioned the 10 Day Notice, only the 3 Day Notice.

To me the question is, does the 10 Day Notice supersede the 3 Day Notice, and if so why would the Court rule against the Tenant when the Tenant provided uncontroverted testimony that the landlord never actually provided a payment method and instead played the shell game with the file, i.e. "oh the lawyers have it, oh, wait no they don't, ok yes they do....."

This type of abuse is a major issue in Somerville MA (Boston) too... I used to live there.

After the hearing today I asked Ryan Weatherstone if he thought his client acted in Good Faith. He said yes. I respectfully disagree. Then I asked all of them how much they will jack up the rent in the subject unit now that they have an eviction.  In return I got ice-grilled.  

The Tenant informs that they had already jacked the rent $300 in her unit for April.

I look forward to watching the Appeal and where the case goes from here. Meanwhile wait for the movie after I confirm the identity of the Property Manager.

Monday, April 9, 2018

KingCast and Mortgage Movies Say Congressman Eric Swalwell is Correct on Journalist Protection Act in Today's Hostile World.



 
 
 
As you watch this short video, know that I have worked for the Indianapolis Star and the Ohio Call & Post newspapers. I was a First Amendment Scholar before I finished law school in 1993. The only classes I earned A's in were Constitutional Law and First Amendment Law.

As you review the Journalist Protection Act take time to see how real professionals handle situations like this in a hotly-contested case here in Seattle.

*****
Take a look at some of these more extreme examples. While the actual physicality of these other attacks is in some ways greater than mine, my example is no less egregious. This is particularly true in light of the fact that this was a controlled environment in which we have a highly-established lawyer as the perpetrator.  To compound injury, he and his lawyer both refused to show any contrition or remorse. His lawyer Terry Johnson sits on a panel of the Office of Lawyer Regulation as I now await the final determination as to what should happen to Attorney Rattan. Johnson chided me recently with a comment "You haven't changed one bit."

This from a man who has a history of representing abusive white men of privilege, including a frat that has been banned from College campuses and has actually killed someone.

Well the point folks is that we as journalists don't have to change, especially when we are operating within clearly-prescribed limits of the law. I had never defied any order of this tribunal yet when I questioned why the hearing officer failed to admonish the establishment lawyer he threw me out. Apparently I am not allowed to tell him I will be raising his conduct with the Wisconsin Supreme Court.

As you will see however, this Hearing Examiner was all over me months ago in the same proceeding, issuing warnings that were completely uncalled for.  I'll be suing him soon.

That's a Chilling Thought.

Addendum:  Take a look at the hubris of Terry Johnson and one of the only black attorneys at his new firm, von Briesen attorney William F. Sulton. Terry is upset because he knows he lost to me, it's just a matter of time -- perhaps next month -- when his abusive client gets the final Decision from the OLR as indicated by the Report and Recommendations thumbnail posted above, right.  So that in part explains his thorny nature, even though a bit of contrition from his client or him could have gone a long way they are stubborn and refuse to acknowledge any wrongdoing. They even implied that I doctored the video, LOL guys the OLR found absolutely NO EVIDENCE of that.

Now it comes to Attorney Sulton, who also told me to stop writing the Wisconsin African-American Lawyers group. Terry calls my activity in protecting my personal space and the First Amendment "nuttiness."

But not to be outdone, and promptly echoing the edict of the Massuh' Sulton turns around and says "I'm even worse. Ask around."  I told him "I don't need to ask. I know an Uncle Tom when I see one."  Fools like him are a dime-a-dozen at the slave auctions. I hope he got some knee pads with his signing bonus, right.