Housing is a Civil Right

Housing is a Civil Right

Thursday, May 21, 2015

KingCast and Mortgage Movies See Magistrate Merz in Dereliction of Duty in Busby Foreclosure Case by Ignoring Binding Case Law of Slorp v. Lerner, BoA & MERS.

Dear Magistrate Merz: You are intellectually bankrupt for trying to apply only the portions of Slorp that obtain against Patty Busby as you refuse to take Judicial Notice of the rest of Slorp. I might file a Judicial Complaint against you my damn self now that I finally figured out what you just did. Little People in America have to stand up to Judicial abuse from people like you. When I practiced Judges could run roughshod over me with little to no consequence but the Internet changed all of that. Just ask Magistrate Landya B. McCafferty when I embarrassed her in to recusing herself for not telling me she worked at the same law firm as Kelly Ayotte in a Free Press lawsuit. And not only that, she worked directly under my opposing Counsel. Watch this video about her little backdoor recusal
Now then: Ohio Southern District Magistrate Michael Merz sure is making some shady moves in my opinion, choosing not to review his own case law or recent binding precedent from the Sixth Circuit Court of Appeals. What he did was only apply Slorp to the FDCPA elements and nothing else, then refused to take Judicial Notice of the rest.

I put it right out there in the video. I just don't care anymore because Judges need called out when they do shit like this. It ruins whatever integrity was left in the system.

Here is more about the cases (Troy Doucet, Esq. website + 6th Circuit Appellate Decision) and here is more about the dirty law firm of Reimer & Arnovitz. They're so dirty they know they can't sue me for Defamation so they have to let it slide because any Jury would be giving me daps and asking for my website information.

Wednesday, May 20, 2015

KingCast Motorsports Presents: Backfire Moto 54.

This was a mistake; I thought I was posting at my personal journal.
But hey it's here now so if you like bikes, enjoy. Video coming.

Monday, May 18, 2015

KingCast and Mortgage Movies See Kent County Delaware Register of Deeds Betty Lou McKenna, Holly Malone and Attorney John Pardee Attempt to Truncate Discovery with Bullshit Dispositive Motions.

Media. Just like KIRO 7 only smaller. 
Access, because it is Constitutional.
This is simple stuff, folks.
Today's email to Counsel for Defendants:
Good Day Counselors and media, 

I.  Offer of Proof Video in Production.
I left the Bat Cave this afternoon to document that which common sense tells us. If you don't get it now you never will. 
Fortunately Jon Scherer, Recording Manager of King County gets it.
Stay tuned for the video link and the Court filing.

Voluntary Dismissal of Negligent and Intentional Emotional Distress Claim.
That is self-explanatory. Document and Proposed order forthcoming.

III.  Modification to Motion for Partial Summary Judgment.
As to Plaintiff's Motion for Partial Summary Judgment I'll be modifying that because I forgot to mention the Free Press Claim.
§5. Freedom of press; evidence in libel prosecutions; jury questions.
Section 5. The press shall be free to every citizen who undertakes to examine the official conduct of men acting in a public capacity; and any citizen may print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications, investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury may determine the facts and the law, as in other cases. 

Defendants can do and say and they please. That's what people running a dirty operation will do. Conversely, here in Seattle I've got City Councilors coming to my housing events and astutely following everything I say when I step up to the microphone, including the audits of County Recorder's offices that Defendants will never do, because they are in bed with the Devil.

I wanted to get this email to you immediately in the unlikely event that your clients would like to speak with Mr. Scherer today there's still time!!!

The video is coming tonight and the documents will be overnighted to the Court tomorrow and sent to you in a timely manner.

That is all for now.

Very Truly Yours,
Thomas Paine supports KingCast in vicious Free Press battle after the stolen La Mar Gunn​ Register of Deeds Election. They refused to answer my phone calls about false statements they made about Mr. Gunn, and refused to allow me to run video of all the criminal activity going on in a public building. That is a thumbnail from the closing page of my Motion to hold their bullshit Dispositive Motion in Abeyance until I finish my G___D___ Discovery. In Fn2 I wrote:

 2 Speaking of the Constitution in an historical context, think of it this way: The Defendants have already shot their collective wad and there really isn’t anything at this point that they can learn about Plaintiff that will aide them in any material way in Defending this case. Plaintiff, conversely --- as an Original Pamphleteer in the Spirit of Thomas Paine in a digital era -- is still loading his muzzle. It really is that simple.

They cited to my loss in KingCast v. Ayotte, which involved Private property. But as you can see, Ayotte complies with the Law when it comes to her elected office and public property.

I'll publish my Motion to Hold their Dispositive Motions in Abeyance by tomorrow, as well as some of the Motions to Compel. They are sooooo full of shit you can't believe it. Well actually the sad thing is, you probably CAN believe it.

Here is your back story, with an Interview between Candidate Gunn and 105.9 and here is the interview between WDEL 101.7 and Yours Truly.

Monday, May 11, 2015

KingCast and Mortgage Movies Present: Nasty Phone Call with CHASE Foreclosure Servicer Documented.

NOT-AP:  We have been trying to get up with these clowns for 9 months now.... getting the runaround as to who owns the Note.... then the guy on the phone -- who is apparentl a CHILD sex offender BTW -- got salty with me and tried to tell me that the Meet and Confer Statute didn't mean anything, and implied that I had not made phone calls that I indeed did make. Now they won't cough up the audio of the first call but I made audio of the next two. Take a listen.

Friday, May 1, 2015

KingCast, Mortgage Movies, Washington AG, Malcolm X and Martin Luther King See Judge Monica Benton Uphold the First Amendment in Lost Note Case of Pooley v. Quality Loan Servicing Corporation & McCarthy Holthus.

Update 22 May: Judge Benton ran amok in my absence on the second Hearing, even scolding Attorney Richard Jones for get this -- stepping out from behind the podium in his elocution. She is an intellectually dishonest bully, I don't like her one bit and the feeling is mutual.  And while I tried to give her the benefit of the doubt, I know she was overturned on at least one major foreclosure case and given her temperament toward me and from what I am going to publish for audio from the second Hearing I have to wonder the real reason she left a cush job as a U.S. Magistrate Judge to return to Superior Court. No offense to the Superior Court, but really, who does that?

Update: In reviewing the video clip above, Attorney Salyer claims "[W]hat happens in this case, is that Chase endorsed it so that it would be more easy for them to transfer it a second time."

Query, transfer it a second time to where, what and to whom? Does she mean out of the Mortgage-Backed Security Trust, or what? Is this a Rule 804(a)(3) Declaratory Statement Against Interest? Stay tuned for the video clip today (5 May) and another KingCast hallway update when Attorney Salyer dodges me again!

Update: Rodney McCumsey is an operative at Quality Loan Servicing WA as well as having a Wells Fargo PoA by and through McCarthy Holthus. The Secretary of State has apparently misspelled his name so I'll need to call them today to alert them to correct that so people know what's going on here. Also, in the SoS Detail Attorney McCarthy is a Principal at QLSC as well. Most of these companies are all a front, in my opinion. It's one big corporate octopus, grabbing all that it can.

The Washington State AG is watching too:

I'm going to get to the specifics and substance of the case soon, and it involves a purportedly lost Note with a date uncertain for when an indorsement was issued on it, but for now you need to know that my First Amendment Rights as a Citizen, as a Journalist, and as a Citizen Journalist were somewhat imperiled today when I was called back into Honorable Monica Benton's Judicial Chambers where the following colloquy ensued:

"What are your credentials?"

"Well Your Honor I was a reporter for a large daily newspaper, and editor of a statewide daily before law school.... and I've been shooting these movies in courtrooms throughout the Country for 4 or 5 years now, and I've been covering this case already...." (I neglected to tell her I was an escrow attorney who worked for WAMU but that is noted in my Notice of Media Coverage, is is the fact that Joseph McIntosh and his buddies unlawfully threatened to have me arrested as seen in this videoJudges Will Watch as Foreclosure Mill Attorneys Threaten Depo Videographer with Security and Arrest).

"Well I haven't seen you with a camera in this case."

"Well Your Honor Judge Schubert has (one and two) and we and are are on great terms. He respects what I do and he said as much, I have that on video I recorded on prior occasion."

"I have some concerns about whether you are media."

"Well Your Honor even if my prior experience and background weren't enough as a journalist, I am still authorized as a public citizen to video these proceedings."

"Where is your website?"

"It's right there Your Honor," as I handed her my card.  

"You might audio but I'm not certain that entitles you to video (Googling Pooley+Mortgage Movies after I had told her to Google Mortgage Movies) I'm at your website now and I see you have the hear/see/speak no evil monkeys and skeletons...."

"Well I believe it does, and if this Court cannot take any step that would infringe on my right to portray what I see as I see it, because that would be inimical to the First Amendment."

"We'll see about that. Have a seat in the Courtroom."

I didn't mention unlawful prior restraint per se but I find ironic the level of inquiry coming from a black Judge to a black man when both of us have Civil Rights backgrounds and I have experience in the industry and in courtroom video for the past 20 years, since the community was recording my trials as a Civil Rights lawyer. 

I know she respects two of the same men that I do: Martin Luther King and Malcolm X.  In point of fact images of both men adorn her courtroom wall. My Mortgage Movies theme picture is of course one of Dr. King's image and me, downstairs in the same courthouse.

I know she understands corporate malfeasance: She threw the proverbial book at Lycoming (USA Today feature -- Safety Last: Lies and Coverup), because their corporate malfeasance has killed many an innocent citizen.  So while unlawful mortgage foreclosure does not carry the same certainty of death that a plane crash does, it does kill and psychologically maim millions. This is why Seattle City Council candidates attended a forum I conceived a year ago in honor of Phyllis Walsh, who committed suicide during a questionable foreclosure.

Bottom line is this: I'm not here to win any popularity contests. Kathy Salyer and Joe McIntosh pretty much hate my professional guts; ask me if I give a damn. I don't know or care how they feel about me otherwise because that's not relevant right now but no I don't foresee inviting them to my next Hawaii excursion, LOL.  They could be great people outside of this milieu. But in this milieu I will lay down the law and I will not tolerate anyone threatening to curtail my rights to shoot video pursuant to Deposition arrangement or in a public building other than a U.S. Federal Courthouse, where Her Honor once presided. Stay tuned for the hallway video today and the entire hearing video over the weekend as I prepare for my prep school's Centennial Celebration this month I might have to add part of this to my presentation

Hawken's Jack Pickering told my friend Peter Hurd 50 years ago that you have a duty to speak out against injustice at all costs, and Cleveland Civil Rights Attorney Terry Gilbert echoed those remarks about me nearly 10 years ago, as will be noted in the video.

Also, wait until you hear and watch what I told a judge nearly 20 years ago about video in the Court before I went on to win a First Amendment Jury Trial. Come to find out, I was right. You'll see. The video will be up tomorrow but I basically told him that it was unlawful Prior Restraint for the Court to be holding my video for the night so that my team could not review it. 

"Mr. King I tried many cases and never had that opportunity," said the Court.

"Well that's unfortunate, Your Honor but I do.... this is the Modern Era."

The same issue of prior restraint came up today but I completely prevailed, so that's progress, right. But why wasn't this exchange conducted in Open Court as it usually is? And why was I taken to task even though I had notified the Court in my Notice of Media Coverage that Attorney McIntosh and others had unlawfully threatened to call security on me?  Not to play identity politics because she's black, but come on.... take away the black and you still have to ask yourself why she voiced absolutely no concern about those issues as I stood before her, yet was quick to question my portrayal of these events? Watch how this was handled in Snohomish County several weeks ago.

Friday, April 24, 2015

KingCast and Mortgage Movies See More Foreclosure Abuse During Mandatory BK Stay Involving Dirty-Assed Law Firm Reimer, Arnoviz, Chernek & Jeffrey.

In Pattie Busby's case the State Court Judge O'Connell screwed her royally and the State Court Judge even issued rulings after hours during a Mandatory BK Stay. Now the Federal Court Magistrate and Court are ignoring her arguments relative to Rooker-Feldman even though she cited to Sixth Circuit cases in which Rooker-Feldman did not eliminate the possibility of a Federal lawsuit if the State process was a perversion of Justice, particularly if the banks used false, fraudulent or forged Affidavits, which is par for the Course for Reimer, going all the way back to 1997 as noted in my seminal journal entry on these legal maggots. See also my anti-Reimer FB Page and Cindy Seymour Schmittauer's Ohio Homeowners Unite FB Page.

Busby says that the Magistrate in her case, one Michael Merz (gotta love the homophone right), failed to even address his own case on such an issue when he issued both his initial Report and Recommendations as well as his Supplemental R&R. I'll be reading her filing for the case citation today. Found it. Baker v. People's Choice Home Loan, Inc., 2010 U.S. Dist. LEXIS 96454 (SD WD Ohio 2010) -- Read below.  Speaking of R&R there will be none of that for Bank of America's high-paid attorneys because Ms. Busby sees a split in the Circuit Courts on that matter so she's headed to SCOTUS. I love it.
Now today I get a message from another Ohio homeowner who lives not far from Ms. Busby regarding a Sheriff sale that happened yesterday during a Mandatory BK Stay as noted by way of the attached thumbnails showing the sale and the BK filings.
"[Chris], I just got off phone with (my Attorney) Nick ZIngatelli's office. He was in hearing but Tammy gave me BK no 15-11576. You said you didn't need it but just thought I'd share that with you. She confirmed that a fax was sent to Sheriff Office on WED when I filed. She also said they knew my house was illegally sold yesterday (THURSDAY) and they're already on it. She said she notified bank this morning that sale is void. I asked her if I (we) should file something with Sheriff Office alerting them also and she said she didn't know anything about that . And that's when she told me she had faxed alert To sheriff on Wed.  She said she'd talk to Nick after his hearing and let me know."
Can you believe this shit? The brazen indifference to anything legal whenever Reimer Arnovitz enters the room, right. Well Ohio is one dirty-assed State, and I'm glad that folks back in Cleveland are helping my father with his book about his life as a black man dealing with life in a red state in the socio-economic, political and legal realms. I was with him on research for many of his issues and look forward to publication because little people need to have our voices heard too!

Friday, April 17, 2015

KingCast and Mortgage Movies Present: Trouble in Paradise -- Maui Foreclosures Allowed by Judge Peter T. Cahill Without Proof of Standing or HRS §667-17 Compliance.

24 April 2014 -- First video coming today. Wells Fargo responded after I outed them and counsel for reading my email with proof that all of them had read my inquiry but had not yet responded.  Query, what percentage of the homes valued over $500K received a loan mod.... when the stakes get high the banksters for the the gold.

Hello Mr. King,

I wanted to response to your email request.  Given that there is active litigation around his loan we decline to discuss the case in any more detail at this time.  Wells Fargo continues to work with borrowers on mortgage modifications and other options that may help them remain in their homes and avoid foreclosure when possible. We have modified more than 1 million loans since the beginning of 2009. 

Alfredo Padilla
Consumer Lending Communications 
Wells Fargo Home Mortgage   |   333 S. Grand Avenue, 11th Floor  |   Los Angeles, Calif.  90071
MAC E2064-11H
Tel  213-253-3379 |   Cell  213-369-6122   |   Fax  213-617-8135

This e-mail message is being sent solely for use by the intended recipient(s) and may contain confidential information.  Any unauthorized review, use, disclosure or distribution is prohibited.  If you are not the intended recipient, please contact the sender by phone or reply by e-mail, delete the original message and destroy all copies.  Thank you.

Note: That is important for him to say because Dual Tracking is illegal and all these people wanted was a loan mod to get out from under arguably usurious conditions.

All they wanted was a Mortgage Modification. All they got was a hassle and foreclosure pursuant to what appears to be unlawful Dual Tracking:  Carol, Penny and Patti at Upcountry Protea Farm are facing what appears to be an unlawful foreclosure as Carol and Penny take care of Patti, who sustained a brain injury many years ago.  Not that any of that matters too much to Bank of America because I had to document all of their shenanigans along with learned counsel, Seattle City Councilors and SAFE for months before they granted Seattle resident Jane Mair a loan mod that she needed after she sustained a catastrophic brain injury. Watch City Councilor Nick Licata declare war on corporate criminality on Ms. Mair's front porch here. Watch me accompany her to BoA to sign her Loan Mod in the video thumbnailed below and watch other videos with Ms. Mair linked below. 

Meanwhile Daneford and Ellareen Wright are facing a similar fate closer to Kahului. There are gofundme pages for both sets of homeowners:
Save our Farm From Fraudulent Banks.
Please Help Our Ohana Save Our Home.
To my observation as a former Escrow attorney, there are two common denominators in both cases: First is an apparently manufactured and false paper trail that purports to confer authority to foreclose. Second -- and perhaps more importantly -- is the presence of Judge Peter T. Cahill, who is allowing these cases to proceed without strict compliance with HRS 667-17attorney affirmation. As far as I know only Hawaii and New York State have this requirement, but without judicial enforcement it is nothing more than hot air. In NY Chief Judge Jonathan Lippman gets it, citing "systemic structural failings" so why can't Judge Cahill?
Some of the issues common for both cases include the presence of robosigning and whether or not a homeowner may challenge the Chain of Title and Assignments.  As to the former, I am aware that Essex County, MA Register John O'Brien has reviewed the Wright documents and confirmed that they are indeed robosigned but this Court is refusing to acknowledge any of that. O'Brien has gone on record after his audit with Marie McDonnell to state that his office is a corporate crime scene.  Seattle Washington is going to start conducting audits as well. Watch me discuss this matter with City Council here.
Essex County Register John O'Brien
I am also aware that a homeowner most certainly can challenge Assignments of Mortgage First Circuit Cosajay v. MERS C. A. No. 10-442-M, 2013 U.S. Dist. LEXIS 160294 (Rhode Island 2013) and Culhane v. Aurora. As an aside, it is virtually impossible to find the Cosajay Appellate Court Decision reversing Judge McConnell online...  funny isn't it? Imagine that. I'll post it soon. Also, the Wright's social security numbers are on the Trust documents as a condition precedent. So how in the hell can Courts continue to allow the banks to use us as pawns in some kind of twisted life-scale chess game?

Production of several videos should be complete in the next week, with a lead-in video of an interview with Deadly Clear's Sydney Sullivan regarding Patents and 1003 Mortgage Applications as contemplated by the third video down in this journal entry from New York City. Meanwhile enjoy the WF and BoA videos I have produced on prior occasion, as both of these entities are involved in these cases:

Lastly, I believe that the Wrights are fighting for a Jury Trial that they paid for, but they inform me that Judge Cahill is not allowing it because he claims that foreclosures are a matter of Equity:

Well my research indicates that juries can indeed be drawn on mortgage cases.  See State Savings v. Young 53 Haw. 132; 488 P.2d 703; 1971 Haw. LEXIS 88 (1971). To the North in Oregon we have Bela and Eva Lengyel v. J.P. Morgan with a $10K Jury Verdict against J.P. Morgan. Those who protect the banksters don't want Jury Trials because Juries will punish them for their lawlessness, fancy that.

Further, assuming arguendo that it is a matter of equity, then the Plaintiffs must demonstrate Clean Hands according to the Clean Hands Doctrine. Bank of America recently lost out on that recently:  
Bank of America v. Pate 2015 Fla. App. LEXIS 3774 (First Dist. Ct. App March 16, 2015), in which the Court opined: 
The Shoe Foyer at the Wright home. 
“In this civil foreclosure case, the trial court found that Appellant Bank of America (the Bank) engaged in egregious and intentional misconduct in Appellee Pates’ (Pate) purchase of a residential home. Thus, based on the trial court’s finding that the Bank had unclean hands in this equity action, it did not reversibly err in denying the foreclosure action and granting a deed in lieu of foreclosure. In addition, the trial court did not err in ruling in favor of the Pates in their counterclaims for breach of contract and fraud, and awarding them $250,000 in punitive damages and $60,443.29 in compensatory damages….” 
The learned trial judge found that the Bank’s actions demonstrated its unclean hands; therefore, the Bank was not entitled to a foreclosure judgment in equity. 
Unclean hands is an equitable defense, akin to fraud, to discourage unlawful activity. See Congress Park Office Condos II, LLC v. First-Citizens Bank & Trust Co., 105 So. 3d 602, 609 (Fla. 4th DCA 2013) (“It is a self-imposed ordinance that closes the doors of a court of equity to one tainted with inequitableness or bad faith relative to the matter in which he seeks relief[.]”) (quoting Precision Instrument Mfg. Co. v. Auto. Maint. Mach. Co., 324 U.S. 806, 814 (1945))). The totality of the circumstances established the Bank’s unclean hands, precluding it from benefitting by its actions in a court of equity. Thus, the trial court did not err by denying the foreclosure action.
So by that measure then the Court should be demanding strict compliance with the Statute, right?  I will be contacting the bank attorneys over the weekend and look forward to their responses.