Housing is a Civil Right

Housing is a Civil Right

Thursday, January 29, 2015

KingCast and Mortgage Movies See Marilynn Shcolnik Fight for Federal Remand Against Select Portfolio Servicing in Wrongful Foreclosure/Quiet Title/Little RICO Action.

Above: Update from the new journal entry.
NOTE: Phase two of this saga continues with today's hearing in Snohomish County Superior Court.

NOTE: Ms Shcolnik went to Federal Court today (2 Feb 2015) with a bit of an oddball pleading. She filed for a TRO because she was worried about missing her hearing for injunctive relief because of the last minute Removal of her Complaint to Federal Court. But she also notes that it is doubtful that the Court even has Jurisdiction.

Judge James Robart Presiding, at least for now. Nope. He saw right through this happy-assed bullshit. Here are 3 of the money pages from today's Remand, along with my comment, which is:

SPS slammed as I predicted. 
Query, was it all a stunt to get rid of judge Bowden?
They knew goddamn well it was a weak Removal case.
With the Remand Bowden is probably no longer the presiding Judge.
They agreed to a TRO but with a bond payment -- monthly note payment.
I call bullshit on that because there are Little RICO violations here.

The question is, in my estimation, how much bullshit should a relatively frail, elderly woman have to deal with in a questionable foreclosure Action? 

The answer, is, in my estimation, as much bullshit as the banksters and their attorneys can throw at them, that's how much. I first met Ms. Shcolnik about a year ago at the Matt Taibbi speaking engagement at the Town Hall Forum when he agreed with me in asserting how crucial it is for lawyers to ban together to most effectively prosecute homeowners' cases.

Well Ms. Shcolnik could use some legal help after this week's runaround by SLS's Glowney. They removed the case to Federal Court but she and her son (who is studying for the LSAT) maintain that the case was wrongfully removed on the verge of today's scheduled hearing in Sonomish Superior Court because she never specifically stated a Federal Claim for FDCPA. She says that she *DID* notice the Court that their was an FDCPA Violation, but her Complaint clearly shows that she did not label FDCPA as a "Cause of Action" whereas she did clearly cite all of the State Claims as "Causes of Action," either by Statute or at Common Law for Quiet Title. She told me that she directly modeled her Complaint after one that was Remanded on Plaintiff's Motion. I have yet to see it, but have no reason to doubt that.

So now she has to file her Motion to Remand in Federal Court, which from what I've seen, will be GRANTED. Why? Because she never filed an FDCPA Cause of Action, and even if she did, all of the State Law claims are clearly the prevalent salient issues.  Not only that, but the Federal Court is supposed to return all of the State claims instead of exercising pendant Jurisdiction as they did back in the dark ages when I practiced, LOL.

For what it's worth, she has included a "Little RICO" claim because, among other things, there are signatures on documents that bear her signature involving people she never even met. More on this later. She also showed me U.S. Customs records that she claims prove that she was driving in Canada on the day, date and time she allegedly signed a Note. More on this later. She also says that Countrywide and their pals conspired to force her into foreclosure by telling her to stop making payments, then engaged in unlawful dual tracking by refusing her payments when she started paying in the trial period.

I've seen crap like this on many occasions and I don't doubt her for one minute. I will be forwarding this journal entry to SLS Attorney John Glowney for comment.

Below is Attorney Glowney prevailing in an Action in King County Superior Court in which I believe the Judge ignored all matter of evidentiary precepts.  One thing for sure: By attempting to remove this case, they have made it substantially more difficult for Ms. Shcnolik to have her Motion for Injunctive Relief heard. And not only that, the Defendants know that even once the case is Remanded, they won't be in front of Judge George Bowden, who has completely slammed Bank of America et al. in Bradburn v. ReconTrust, at bottom video. They may be hoping to get the Judge of their choice.

"The Removal was completely frivolous," says her son Nathan. Video of today's non-hearing and hallway commentary by Friday. 

Friday, January 23, 2015

KingCast Says "You Didn't Stop Skating Because You Got Old.... You Got Old Because You Stopped Skating!"

Gotta' stay nice and young to keep healthy so I can keep exposing these banksters and their attorneys for what they are...... which is pretty much the Anti-Christ.

Well well well... Aunt Dell Stewart Bailey made my Day with this 1976 pic of me before I got my first real skateboard. Wow. I think it wasn't long after that, that Uncle Joe (RIP) and Aunt Dell brought my cousin Randall over...... I recall him being like a toddler who was taller than I was LOL.... thanks Auntie I love you. I'm on the inlines these days but another skate deck is in my future. You don't stop skating because you got old. You got old because you stopped skating, don't get it twisted.


Friday, January 9, 2015

KingCast & Mortgage Movies:QLSC v. Karen Pooley QLSC loses Motion to Dismiss Fraudulent Concealment Argument before Judge Kenneth Schubert.

As you can see in the top movie, Quality Loan Servicing Corp. (hereinafter, "QLSC") 
lives by the principle of See no evil, hear no evil....... 

Note: Kathy Salyer had Eleanor Dubay running a sweep to keep KingCast cameras at bay.  You may recall about a year ago to the Day when Karen Pooley had Quality Loan Servicing and their lawyers at McCarthy Holthus for a snack before Judge Kenneth Schubert as the Court issued adverse rulings on allegedly confidential discovery issues.  Well today the smorgasbord continued, with Ms. Pooley taking some hits on the RCW 9a "Little RICO" and brick and mortar causes of action relative to QLSC.  Unfortunately they lost a Motion to Dismiss relative to Ms. Pooley's Fraudulent Concealment Claims in that the Court found that she is allowed to seek discovery and litigate the issue of whether or not the purported Beneficiary (holder/owner of Note) used fake documents when the either knew or should have know that the documents were bogus.          
And then I was writing just now to a very high-powered attorney in another jurisdiction about the ongoing La Mar Gunn stolen Recorder of Deeds election in Kent County, Delaware and I was explaining what I do. I told said Counselor: 

Here are pictures and upcoming videQuality Loan Servicing losing a MTD on Fraudulent Concealment today; their lawyer can't stand me either. She's got her little knave running sweep to try to deny me the hallway shot, but I came through as usual. That camera comes out and their guilty conscience gets the better of them almost every time. Heck man, that's why they all hate me. But that's not my fault. If they were upstanding citizens like Judge Schubert they wouldn't give a shit.  

He and I always have a good little rap session where we remind each other that we appreciate the other one. If we had more cameras like mine and more judges like him we wouldn't be in this fucked up situation and our time and resources as lawyers, industry analysis and just plain American people would be spent on more productive pursuits.

Video forthcoming. For now here's last year's. 

And oh as a bonus Remember what an ass Joe McIntosh was when M & H threatened to have me arrested for no lawful reason? I forgot about that, but yah that's why they fucking hate me, well fuck you too. Unreal the goddamn hubris these people have. I am so done with taking it, and I say it right out in the open, the same kind of language I know they used behind closed doors. I have friends in places like these and I've been around the block a few times too my friends. You just have to call a spade a spade.

Wednesday, January 7, 2015

KingCast and Shoreline Community Wince as Alleged Gunman Reported at Meridian School.

I asked, but they haven't a clue as to what he looks like, only that he had a pulled over-head hoodie. No clue as to whether it was a handgun or a rifle. No notation as to the general size of the suspect, thin, fat, medium, tall, short.... No notation as to whether he had an accent or anything..... More pictures and interview with Deputy Sheriff Gates to follow. Note: The rifle pictured is reportedly NOT the suspect weapon. No injuries are reported, and some of the children at other area schools are on lockdown as they received notification of the event after students had arrived.  

The total lockdown was a joint decision by the district and area law enforcement. Any other incidents in the future will be handed on a case-by-case basis.

Tuesday, January 6, 2015

KingCast and Mortgage Movies and Washington Appellate Judges Hear Case on Unconstitutional Nature of Washington's Deed of Trust Act.

Judge Dwyer's prior, well-principled Decisions have met with disapproval from the bankster-controlled State Legislature in Olympia. Details and full video coming by tomorrow.

I have reviewed this matter on prior occasion and believe that the DTA is a completely unconstitutional end-around judicial substantive and procedural due process There are some who believe that declaring the Deed of Trust Act unconstitutional may have detrimental effects on homeowners in the short run if judges continue to overlook the law and just basically kowtow to the banks like so many legislators down in Olympia. 

We must applaud, rather than criticize judges like Stephen Dwyer who attempt to maintain some sense of decency justice and fair play in a system so overwrought with criminality that it makes me, as a former escrow attorney, throw up in my mouth a little bit each and every day. I've testified in Olympia before. Remember the Joint Reform Bill 6507 that died on the vine? Watch the response in today's movie.

From Attorney Scott Stafne:

I will be arguing Sandra Shelley Jackson. APP. V. Quality Loan Service Corp. of Washington, et al.. Res, Case # 72016-3-, before Division I of the Washington Court of Appeals on Tuesday, January 6, 2015. The case involves several questions, including the constitutional nature of the superior courts' jurisdiction to hear cases under the Deeds of Trust Act. Several people have asked me if the arguments are open to the public. The answer to that question is yes. Art. I, section 10 of the Washington Constitution requires such appeal to be heard publicly.

I have interviewed Attorney Stafne on related matters on prior occasion, to wit: