Housing is a Civil Right

Housing is a Civil Right

Monday, May 19, 2014

KingCast, Mortgage Movies and Financial Revival Group How Washington AG Cal-Western Trustee Lawsuit Helps Underwater and Foreclosure Homeowners.

Watch as Financial Revival Group's Howard Bono and Christopher King, J.D. discuss details relevant to this case.

SEATTLE—AG Press release: At the request of Washington State Attorney General Bob Ferguson, the King County Superior Court has issued a Temporary Restraining Order (TRO) requiring foreclosure trustee Cal-Western of Washington to halt its allegedly unfair and deceptive business practices. Cal-Western is a Washington foreclosure trustee corporation with an office in Vancouver, Washington, but conducts many of its operations in southern California. 

Foreclosure trustees are legally required to act in good faith as neutral parties between borrowers and lenders while conducting foreclosure proceedings. The Attorney General’s Office (AGO) alleges Cal-Western gave borrowers an incorrect phone number in their Notices of Trustee’s Sale and Foreclosure, making it difficult for borrowers, some desperate to save their homes, to contact the firm quickly without physically traveling to Vancouver. This case comes on the heels of AGO legal action against Quality Loan Service for deceptive business practices. 

“My office is sending the message for a second time: Foreclosure trustees have a duty to treat homeowners fairly under the law,” said Ferguson. “I will make sure that all parties involved in the foreclosure process, including trustees like Cal-Western, play by the rules.” On Feb. 26, 2014, the AGO sued Quality Loan Service Corporation of Washington in King County Superior Court, obtained an Interim Agreed Order to halt certain pending foreclosures, and then negotiated a Consent Decree under which Quality Loan Service paid $275,000 and agreed to correct its allegedly unfair and deceptive practices. Today’s TRO will place a moratorium on current Cal-Western foreclosures in Washington state and will extend through May 29, 2014. 

Overview of AGO allegations 
The Deed of Trust Act requires a trustee to provide its telephone number in the Notice of Trustee’s Sale—the foreclosure document that schedules the trustee’s sale. This basic requirement ensures homeowners can communicate with the trustee to ask questions, obtain quotes for last-minute payments, or request a foreclosure be postponed. An AGO investigation found that from October 2013 to approximately March 20, 2014, Cal-Western provided an incorrect phone number in Notices of Trustee’s Sales sent to Washington homeowners. The AGO investigation found that over 70 homeowners in King County alone received incorrect notices suggesting many more homeowners were affected statewide. 

In addition, the AGO investigation found that after discovering the problem in March, Cal-Western did not send the affected homeowners amended Notices of Trustee’s Sales or letters informing them of a working telephone number at which the homeowners could reach Cal-Western. With no available website, homeowners’ only method to contact Cal-Western was to drive or fly to its Vancouver office, or send Cal-Western a letter through the U.S. Postal Service. 

This lack of access made it difficult or impossible for some homeowners to timely and efficiently ask questions, obtain reinstatement quotes, or request a postponement. The AGO alleges Cal-Western’s practice of providing borrowers with an incorrect phone number was an unfair and deceptive business practice and therefore violated the Consumer Protection Act.

Copy of February, 2014 email I forwarded to AG's Office and area housing attorneys:

Friday, May 16, 2014

Friday Fun With KingCast and Mortgage Movies.... Because Chicks (and Grasshoppers) Dig Bikes!

The 2004 Triumph Speed Triple SE black on black... my two-wheeled Batmobile that takes me to the Bat Cave to continue investigating and documenting foreclosure fraud and other bank-occasioned homeowner abuse.

At bottom: Elisa and another of my grasshopper friends are cold-cold chillin' on Triumph #2, the 2002 Triumph Sprint RS.

Tuesday, May 13, 2014

KingCast and Mortgage Movies Present.... Foreclosure: Dirty Hallway Court Video in Geary v. Quality Loan ING MERS et al Court of Appeals.

State & U.S. Courts read my journals 24/7. They might not say it, but I know it.
This is part one, which is more telling than the actual courtroom video in which the bench seems to take a different tack than the bench I observed in Bradburn v. Recon Trust. The actual courtroom video is coming soon, however. The thumbnail is the first paragraph of the Geary Appellate Brief. In this case we've got all the major players, some of whom screwed the pooch in an earlier case as described in this video. More pictures and video to follow in this space. Enjoy.
PS: Bishop, White Attorney Barbara Bollero, above, emphasizes that the Deed of Trust Act (DTA) allows for post-hoc recordings of crucial documents. Some would argue that the DTA is in and of itself, Unconstitutional. Watch as attorney Scott Stafne and I discuss that matter here. Also, hither Hooker?

17 Responses

  1. @Gene – Hooker is a big deal because it is a federal court (that is not binding in states like CA, but may be considered) considering title issues, aka, the OR Deed of Trust Act (DTA). The Hooker case re-affirmed that ALL transfers must be recorded in order to foreclose non-judicially
    In Oregon, a trustee may conduct a non-judicial foreclosure sale only if:
    The trust deed, any assignments of the trust deed by the trustee
    or the beneficiary and any appointment of a successor trustee are
    recorded in the mortgage records
    There were several transfers in the MERS report that were not recorded in the county mortgage records, and so the non-judicial foreclosure was invalidated. As the purpose of MERS is to avoid recording fees, this essentially nullifies MERS in OR in the eyes of the feds.

They tried to shut me down! Here's Bishop, White letter to me and my response:

Dear Ms. Todakonzie:

I submitted a Notice of Media Appearance to the Court and have full authority to video on premises. As you and Attorney Bollero should know the presumption in Washington is for open Courts and the vigorous protection of First Amendment privileges. As to the video outside of the courthouse she was standing on public property with no expectation of privacy so I obviously have permission to shoot her there on the Broadway.

Further, I was a First Amendment specialist throughout my litigation career, and actually ran video of many of my personal trials nearly twenty (20) years ago. Watch me win a First Amendment case here and at bottom of this journal entry.

Lastly, I am at a loss to understand how or why Attorney Bollero could assume I was court personnel when I clearly identify myself as being involved with KingCast.net and Mortgage Movies. I even explained my role as a homeowner advocate and the fact that I was a closing attorney.

As such, I'm not removing anything. I had some sound issues in the courtroom due to a malfunctioning microphone but I can assure you as soon as I sound balance that audio it is going up as well.... that was a PUBLIC HEARING, and anyone can order a transcript for it. I've been down this road with many high-powered attorneys over the years and never lost once. Here's one example:

If you all want to try your hand let me know and I'll send you my address for legal service, and you will face not only me, but likely a gaggle of supporting attorneys on Amicus. I just have to pick up the phone and they will be there. Any attempt to silence me will be at once underinclusive and overinclusive, not narrowly-tailored and not the least restrictive means toward any compelling governmental interest, but we can't even get to that analysis because I had permission and there was no reasonable expectation of privacy, ab initio.

Therefore I respectfully consider this matter as closed. Further, should your firm attempt to approach any web host or Google or YouTube I am instructing you to send them a copy of this unabridged email chain.

Christopher King, J.D.

From: Ana Todakonzie [atodakonzie@bwmlegal.com]
Sent: Friday, May 16, 2014 1:15 PM
To: Chris King
Cc: Barbara L. Bollero; David A. Weibel
Subject: Geary v. ING Bank, et. al.
Mr. King,
Attached please find correspondence from attorney Dave Weibel on behalf of Ms. Bollero, who is out of office.

Ana Todakonzie |  Litigation

Thursday, May 8, 2014

KingCast and Mortgage Movies Present: CFPB Complaint Video of Green Tree Servicer Acting in Bad Faith.

In our humble and professional opinion, certain agents of Green Tree Servicing were definitely acting in Bad Faith today. First they claimed we did not have the proper loan number, then we proved that we did. They then said they couldn't find the third party authorization, then said they did find it but then abruptly transferred our call that may has well have fallen into a black abyss as the new person had no ability to locate the authorization nor could she even provide us any information as to who the previous person was. She said she couldn't locate his name in the system. 26 Minutes of bullshit. 

We sent another authorization and are demanding a copy of the audio from this call, which is being sent straight to the CFPB because enough is enough. If they are going to act like jerks we are going to report them every time because the beatings will continue until the morale improves. 
Christopher King, J.D.

Thursday, May 1, 2014

KingCast and Mortgage Movies Celebrate with SAFE in Seattle Second Annual Celebration... with The Meeting Part Two.

The Capitalist and the Socialist: Howard Bono has said "I want to make a million millionaires...." 

Kshama Sawant has said "we need a livable wage and affordable housing for all."

These are not mutually exclusive concepts..... Two years ago this meeting never would have happened, but here in Seattle meetings like this are going to continue to happen because both of these people, Michelle Darnell and everyone in the room last night, are dedicated to helping homeowners protect themselves against unscrupulous banks and corporations who will bear no compunction to maximize profit at the expense of little people like us. Much more to come, with video.