Housing is a Civil Right

Housing is a Civil Right

Friday, January 31, 2014

KingCast and Mortgage Movies Cameras See Banks Take Two Big Hits: Bradburn v. Recon Trust Post Foreclosure and Quality Loan Servicing/CHASE in Pre-foreclosure.

Ansel Herz, The Stranger writer and host of our first foreclosure forum 
and our upcoming 27 Feb 2014 second forum offers this account.
Okay so the Karen Pooley video is coming Saturday. For now just enjoy the stills and imagine the fun.

In order of Decisions we have Bradburn (Snohomish) first: All of your relevant background on the post-foreclosure scam is found in my 21 Nov. 2013 journal entry. As one can tell from the outset of the video that Court took a dim view of a Beneficiary's "self-serving" declaration regarding the role of MERS as "agent." The primary point is that, pursuant to Klem, there is a duty of care owed by a Trustee in a nonjudicial foreclosure, but that duty is always breached because the Trustee is either directly owned by the bank (BoA owns ReconTrust) or derivatively as all the other Trustees in Washington are owned by the law firms who are paid by the banks to be their attorneys. The Decision is one page and not as interesting as the letter -- read both at the Stafne Trumbull law office website(scroll down or use the direct links below) and follow more Constitutional discussions regarding the apparently Unconstitutional Deed of Trust Act (DTA) with Attorney Stafne and Yours Truly right here.
Letter from Judge George N. Bowden here.
Order from Judge George N. Bowden here.


Speaking of Bain and Quality Loan Servicing, I asked Karen Pooley's opposing counsel Joseph McIntosh whether this case was following in the same footsteps as the corporate malfeasance the court admonished so strongly in Klem v. Quality and Walker v. Quality but he had no comment. He was a man on the move; I didn't even have time to draw a video focus. He objected to my video presence but the Court summarily denied that.
In Klem they sold a house at a loss of $150K considering the fact that the Guardian of the homeowner -- an elderly dementia patient -- had $234K ready from an approved buyer but they sold it for a dollar more than what was owed, or about $85K. 

Have you thrown up in your mouth a little yet? No, we're just getting started. In Walker Select Portfolio Servicing and MERS usurped a false Beneficiary status in order to appoint Quality as a fictitious Trustee. Fortunately that was all unwound prior to final sale. There are also FDCPA and related Stateside claims that arise from this fraudulent sort of conduct.
And in the case at bar (see National NBC News coverage and video) there are serious questions as to who the real Beneficiary is, and it is possible that 37 pages of undisclosed documents that Ms. Pooley is seeking may help unravel the mystery. The King County Superior Court, by and through Judge Kenneth Schubert (seen walking below at left, think Tim Robbins), ruled for the purposes of in camera review that these communications from QLSC to CHASE are not exempted by any sort of Work Product, Joint or Common Privilege, as well he should have.  In Washington a lot of State Court judges are doing the right thing, which prompts the banksters and their attorneys to run from my cameras and into Federal Court, where I can only catch them outside and where Judges disregard the letter and spirt of Washington Law inside. For more on that watch the discussions with Attorney Stafne, linked supra

Monday, January 27, 2014

KingCast and Mortgage Movies See SAFE in Seattle Fight City Hall over Sewage Fix.

Note: This victory may indeed change POLICY.
From: "Virdone, Ted" <Ted.Virdone@seattle.gov>
To: "info@safeinseattle.org" <info@safeinseattle.org> 
Sent: Friday, January 31, 2014 10:05 AM
Subject: victory for Ivy
Hi SAFE folks,
You have probably already have this news from someone in SPU, but they have just told me that they investigated the sewer by Ivy’s house and found that in fact there is a break in a portion of the pipe that is SPU property.  That means that SPU is 100% responsible for it.  They say they will replace the whole section of sewer with new pipes.  They also told me that Ivy is eligible to be reimbursed for any damages from the sewage backup, carpeting, floorboards, etc.  To get reimbursed she will have to submit that claim form that I forwarded.
Ted Virdone
Legislative Aid to CM Kshama Sawant
206-684-8016 (office)

Ivy Williams and Jane Jackson cannot afford $50,000 to repair a sewer pipe 150 feet from their homes, and they cannot live in raw sewage. This is what city governments are for. Join SAFE (Standing Against Foreclosures and Evictions) as they demand that the City of Seattle fix this problem.

Sunday, January 26, 2014

KingCast, Mortgage Movies and Attorney Scott Stafne Discuss Banks' Removal to Federal Court, Judicial Bias and the Unconstitutional Nature of the Washington Deed of Trust Act.

Down below is my flow chart with Washington Attorney Scott Stafne as we discussed a wide-ranging series  of issues involving the apparently unconstitutional nature of the Washington Deed of Trust Act as well as the Bank's flight response to Federal Court, where the Federal Court in Washington typically does not do Justice to the State Law.  State Law was originally drafted to protect the individual against government and corporate excess and corruption. This is why Attorney Stafne correctly attempted to recuse Judge Marsha Pechman (the denial) who has never ruled in favor of a homeowner; always ruling in favor of the bank even going through heavy contortions to do so. Perhaps later I will upload Frias v. Asset Foreclosures Servs., Inc., 2013 U.S. Dist. LEXIS 106755 (2013) as cited by Attorney Stafne in his Motion. Suffice it to say it is painful to read.

This is why today we see Wells Fargo running to Federal Court on a Removal of a lawsuit Attorney Jeff Jared filed for Financial Revival Group Members Family E, as noted in this recent Mortgage Movies Journal entry and on my video page at the U.S. Independent. What happened was that in Mediation we presented a full REST report showing that the homeowner was NPV positive and should have provided a HAMP modification but did not, in similar fashion to Wigod v. Wells Fargo Bank N.A. (673 F.3d 547) and the 9th circuit case of Corvello v. Wells Fargo Bank, NA, 728 F.3d 878 (9th Cir. August 8, 2013), citing Wigod. We notified the Mediators about this case law and WF refused to provide all of their data and the full test so my request for the Bad Faith Certificate was granted; the second such Certificate issued to Wells Fargo in the past few months. Sad but true. Stay tuned for updates on those cases.  

Here then is my loose outline for the interview, part one of three appearing above:

How can there ever be the sort of neutrality required by a Trustee/Beneficiary relationship when all of the major Trustees are owned by law firms who work for the banks?

We are here with Attorney Scott Stafne whose client John Knecht has pending questions for the Federal Court to Certify to the State Superior Court involving the apparently Unconstitutional Washington Deed of Trust Act. He is having a difficult time being heard.

Now Scott, first of all the Constitution at Article IV §6 specifically notes that Superior Courts will have jurisdiction over all issues involving title and possession of land, so how can the Washington DTA be constitutional? Further, other similar challenges involving the Labor Disputes Act were resolved in favor of the Constitutionality argument, such that the Superior Court retained Jurisdiction.

Furthermore as regards the Statute itself, your next argument is that Statutory Construction of the DTA was supposed to require that the foreclosing entity may ONLY be the “beneficiary and OWNER of the Note secured by the DoT”, in contrast we now have certain judges allowing the holder of the Note to foreclose and that is not consistent with the Statutory limitation put in place.

Friday, January 17, 2014

Mortgage Movies: Wigod and Corvello v. Wells Fargo Bank, NA, 728 F.3d 878 (9th Cir. August 8, 2013) Stand Strong as Wells Fargo Caught in HAMP Bad Faith.

21 Jan 2014 -- Another Bad Faith issued against Wells Fargo this afternoon with respect to "Family E" in Lake Stevens.... I just got the email from the DOC.... They didn't provide the NPV docs as ORDERED by the Mediator, let's see if they sue THIS mediator too!
I am going to be sharing this information over at the U.S. Independent today because Neil Garfield discussed it this morning and the bottom line is that inroads are being made against Wells Fargo's unlawful refusals to negotiate HAMP agreements. The person who wrote Neil mentioned Wigod v. Wells Fargo Bank N.A. (673 F.3d 547) but out here in the 9th circuit we can do that one better, because we have Corvello v. Wells Fargo Bank, NA, 728 F.3d 878 (9th Cir. August 8, 2013), citing Wigod, and Corvello involved a pair of plaintiffs, one written HAMP violation and one oral HAMP violation. 

As noted as the subject of my recent editorial, we used that information to compel the Mediator to make Wells Fargo return for a second mediation after they failed to produce the entire NPV report. They contended that they didn't have to produce the entire report but I argued that they have to because we provided an entire REST report and because HAMP and the WA Fairness in Foreclosure Statutes are all remedial statutes and must be construed liberally in favor of the homeowner. 

They also wrote us an email two days before mediation claiming it was in review, then one day before mediation saying it was not in review. Nice. Keep in mind we also told the Department of Commerce about the Bad Faith Certificate the WF accepted in the Jane Mair case. Several of us banded together to get a TPP on another property for Ms. with Bank of America, which subsequently blacklisted me from further communications as homeowner point of contact. I guess efficacy has its rewards. Here's more about Wells Fargo and their gamesmanship.

Thursday, January 16, 2014

KingCast/Mortgage Movies put Illinois Attorney General on Notice of Bank of America/Safeguard Abuse and Lawsuit; BoA Bans Mortgage Movies as Point of Contact for Distressed Homeowners.

You can also follow me at the U.S. Independent.

See also Ohio Supreme Court Case No. 2013-0304 Bank of America, N.A. v. George M. Kuchta et al.
I used to sit in those very chairs to critique my peers when I was an AAG..... 
Bank of America, N.A. v. George M. Kuchta et al., 
Case no. 2013-0304 Ninth District Court of Appeals (Medina County)
ISSUE: In a foreclosure action in which the defendant does not appeal 
the trial court’s judgment, may the defendant later raise the issue that 
the other party lacked standing in a motion for relief from judgment?

Here is your background relative to the ongoing litigation by Illinois AG Madigan against BoA hired thugs at Safeguard.  Meanwhile Bank of America refused to talk with me as authorized point of contact for homeowners because of "the database." Enemy of the State/Big Business, anyone? Nice, considering the fact that I just helped Jane Mair obtain her loan mod acting in that capacity. Bad Faith, anyone? Well they can't avoid me or Financial Revival Group or area attorney Jeff Jared at Mediations in Washington per RCW 61.24.163.

Monday, January 13, 2014

KingCast, Mortgage Movies and Financial Revival Group Say "Stop Paying on Your Underwater Mortgage!"

My Own Bailout YouTube
This channel is dedicated to helping people who owe more on their house than it is worth. These underwater homeowners are suffering in silence because they don't know where to turn to for help. We are being fed bad statistics from the government and the media who are trying to convince on to hang on and keep paying for just a little while longer. For many people this is not an option. You need help to do this, you need to know what you are getting in to. The videos here will help you.

In full disclosure, I work at Financial Revival Group. 

Thursday, January 9, 2014

KingCast and Mortgage Movies See Maryland Judge Mickey Norman Run From Detinue Mortgage Case Demanding Return of Note After Case File is Missing "In an Elevator Shaft."

I see the trusty officials at the County Courthouse are taking a look.

9 Jan 2014 -- Turns out Mickey Norman vacated all of the judgments even though the defendants never even responded, including the disbarred Mark Friedman. He is a dirty judge with petty animosities but this issue is bigger than him, and we're going to show him that. 

13 Jan 2014 -- In point of fact he dismissed the ENTIRE CASE without a hearing as mandated by Rule 2-3-11(F). This is a pattern and practice; he did the same thing to Paul Bird I believe his name is. He is a completely rogue judge.

This is so simple: Court files should never be considered lost "in an elevator shaft."

This is so simple: My Notices of Media Coverage should never be considered "lost," resulting in Judge Mickey Norman threatening me with criminal contempt should I engage my Canon.

This is so simple: You pay off your note, you get it back. It is specifically written out that way on most "loan" docs, either explicitly or implicitly. But nothing is ever simple anymore in this judicial/political/economic climate, particularly when it comes to Judge Mickey Norman, whom I have profiled in the past. Watch the video, it's not pretty. In the present, he came to, then ducked out of this hot potato case in which the Defendants have largely been defaulted for chronic nonresponse because they knew they have no response. Among the defendants is Mark Howard Friedman, disbarred for fraud. These are the kinds of people that Judges like Mickey Norman and the general legal climate in this Country too often protect. Here's a Judge who has no financial background to speak of, suddenly handling complex mortgage litigation.... what did they teach him that at the State Trooper academy? 

Tuesday, January 7, 2014

KingCast and Mortgage Movies Attend: A Big Day for Seattle City Council as Kshama Sawant, Nick Licata, Mike O'Brien, Sally Bagshaw, Pete Holmes and Ed Murray are Sworn in, Protecting Washington Homeowners.

Mayor Murray comments on underwater/foreclosure crisis.
Total Experience Gospel Choir  Director Pat Wright sings the National Anthem (video coming tonight, 7 Jan 2014) as Mayor Ed Murray acknowledges Seattle's underwater and foreclosure crisis. "Seattle has 28% of our homes underwater," he noted. This is indeed crucial because the State Attorney General has advised homeowners not to attempt loan modifications alone, and banks like Wells Fargo will fight tooth and nail in state-sponsored mediation as I noted in this week's Financial Revival Group editorial. Much more video to follow, as several candidates have been very proactive in addressing this situation. See Councilors Nick Licata and Kshama Sawant at October's Jane Mair Bank of America protest. As Ms. Mair's point of contact with Bank of America I -- along with the help of many many others -- finally obtained a loan modification trial period (TPP) for this former Microsoft employee who sustained a catastrophic brain injury.
So folks here they are, The Chosen. I have been involved in Seattle City news and politics since shortly after I moved here on my first cross-country motorcycle adventure. Seattle is a reasonably progressive City and I do believe that Seattle and the State of Washington are poised to make great strides in homeowner protection as banks continue on paths of power, corruption and lies. Right now I am involved in State-sponsored foreclosure mediation and other research with Financial Revival GroupSAFE (Standing Against Foreclosure and Eviction) in Seattle, and Attorneys Jeff Jared (video) and the Stafne Law Office (video).

With the exception of Councilor Bagshaw I have lensed each of these candidates at least once, and typically in a situation where they were addressing the perils of home ownership with respect to underwater home ownership or foreclosure. While I was unable to attend last month's City Council hearing on Eminent Domain in which the Council elected to move forward with a comprehensive study, I was able to capture the thoughts of six (6) of the eight (8) candidates at a forum sponsored by Mortgage Movies Journal and the above-referenced colleagues the week prior to election. Note that EMI has now blocked this video but I have another version at the ready.

While there were common themes from all successful candidates last night involving Education and Economic opportunity but of course my focus is strictly on the banks and their ongoing obligation to help homeowners who qualify for the Home Affordable Mortgage Program, as well as addressing their general malfeasance and continued pattern of foreclosing without Standing or without proving themselves to be the Real Party in Interest.

Links, video and more stills forthcoming, and Happy New Year to All.