Thursday, October 1, 2015
KingCast and Mortgage Movies Say TILA Rescission is Sabotaged in Washington with Josh Schaer Serving Dual Role as Trustee and Creditor.
It's all a Big Shame folks. And Josh Schaer is involved.... see from my interview with him last year I had really hoped he would come around and stop working for those scumbags, but hey I guess the money's too good. From the Bakers:
If you are unfamiliar with this landmark case, you can read it here: Jesinoski v. Countrywide This case is extraordinary because the material facts of the Baker's case are identical to the Supreme Court case, and yet their home has been taken from them, though they were never in default on their mortgage. The Baker's properly rescinded their mortgage in 2009, which was not in default, and their notice of rescission was ignored and their house was subsequently foreclosed upon in June 2015, in the face of this pending appeal.
The principle matter in this case is that the USSC, in January of 2015 mandated that the TILA never required a borrower to sue the creditor for ignoring the notice of rescission in order for the note to become void by operation of law. They further declared that TILA is unambiguous on it's face, and because of this, NO court has the discretion to interpret it. This means that all transfers and court rulings on the material issues of this case are VOID because the court was ruling on VOID MATERIAL FACTS AND DOCUMENTS and the trial court should have vacated the ruling.
The Baker's TILA rescission was done properly, exactly as specified in the TILA, invoked for egregious misrepresentation of finance charges at loan closing by Paramount Equity Mortgage that they discovered and for which they were seeking redress. When the lender refused to correct the errors, the Baker's exercised the legal right of TILA Rescission as a last result. Prior to the rescission, they obtained pre-approval of a new mortgage to tender the proceeds of the rescinded mortgage as outlined in the TILA.
They were not in Default or alleged Default.
Even the trustee displays incompetence about what TILA Rescission is: He repeatedly declared that the Baker's attempts to "get a free house" were going to fail, and made many other comments on record in this regard. Educated people know that Rescission does NOT offer a free house to anyone, rather it attempts to restore the parties to the position they were in before the mortgage was established, and that includes the borrower tendering back the funds borrowed. The Baker's were prepared and able to do this, but this fact is always downplayed in court. You see, that would taint the whole "deadbeat debtor" thing they were pushing.
It is of note that the attorney for the alleged "Creditor" and the attorney for the "TRUSTEE" were the same guy: Joshua Schaer. Later, he resigned as the bank attorney, presumably because the Baker's attorney pointed out that it was unlikely that the "Trustee" was capable of being "impartial" (as the law dictates) if the same attorney represented BOTH the bank and the trustee! Unfortunately, in Washington State, this is business as usual.
You remember Josh Schaer, right? He's the lawyer that lost on a Motion to Dismiss a while back on Little RICO 9A.82 to elderly pro se Marilynn Shcolnik in a hearing in which he didn't want me in Court as he refused to answer any of my questions. the Court gave short shrift to her Motion to Strike the Attorney Declaration of J. Will Eidson even though the signatories all reside right here in Seattle. She claims her passport/Canadian & U.S. Border Patrol documents show that she was not in town on 25 July 2006. Not only that, but the alleged Loan Modification she signed references yet a different date for the security instrument: 31 July, 2006. This shit is crazy, right. Ms. Shcolnik claims she was in Canada at the time she allegedly signed her Deed of Trust.....More on that case below.