Housing is a Civil Right

Housing is a Civil Right

Saturday, December 17, 2016

KingCast/Mortgage Movies See Langara Apartments and Columbia Recovery Group Sued for Debt Validation Fail.


Seattle-Area Langara Apartments was countersued by a former resident who claims that they lied to her about how much future rent she would owe, overcharged her for painting and said rent, and then refused to provide debt validation when requested. 


Instead, Attorney Mark O'Meara, as agent of Columbia Recovery Group, filed a lawsuit that had been served with her without any case number and then added in an alleged validation.... while requesting Default Judgment. As if she had been evading the process when the truth is anything but. 

And of Course she point out that Columbia Recovery Group has been busted for like conduct in the past......

Friday, December 2, 2016

KingCast and Mortgage Movies See New Century Mortgage, Wells Fargo, Deutschebank & Barrett Daffin Lawyers Caught up in Fraudulent Foreclosure.


This is simply an unbelievable collection of lies that goes back to Wells Fargo claiming an Interest in the property before Mr. Thompson's home was even built. 

Along the way there is a forged Note according to a forensic specialist, coupled with the fact that there is simply no Assignment to Deutschebank. Not to mention the fact that the Notary produced signatory authority that post-dated the crucial Assignment that was fabricated by Barrett, Daffin's Stephen C. Porter, pictured in the thumbnail. 

But you see Wells Fargo does this sort of thing all the time. In the journal entry that accompanies this video note the presence of a completely unrecordable Assignment in another West Coast case, out here in Seattle. And the Routh, Crabtree Olsen (RCO) lawyers actually defend this conduct without fear of sanction by the Courts. Fascinating. 

For more on New Century read my colleague's journal entry "What a Tangled Web we Weave." 

Here is the John Stumpf resignation.

KingCast Mortgage Movies - Another Fraudulent Foreclosure by Wells Fargo With a Bogus Assignment by Christopher King on Scribd

Wednesday, November 30, 2016

KingCast and Mortgage Movies See Judge Stan Rumbaugh Caught on Video: Sued for Throwing Reporter out of Foreclosure Case.


Mark Lindquist - Ethics
Stephen D. Trinnen and Daniel R. Hamilton are two of the lawyers in Prosecutor Mark Lindquist's ethically-challenged office who perpetuate the problem. They are defending Judge Stanley Rumbaugh for refusing to allow camera access in his courtroom in direct and blatant contravention of Washington GR 16, and they are lying their butts off to do so. We are simply not going to tolerate it, and complaints are being lodged with the State Bar, The Judicial Overseers and in Federal Court for Fraud upon the Court. Take a look.

II. Recusal.

This case is indeed procedurally IDENTICAL to KingCast v. Wright, Findlay & Zak:  Stateside lawsuit with one (1) echoing Federal claim is removed by Defendants who hate cameras.

Motion to Dismiss is filed.

Motion to Remand is filed.

Motion to Remand should have been GRANTED, period.

There is nothing that Judge Martinez or Defendants can do to change that fact, and the fact that a Motion to Dismiss was written prior to Remand is of no moment as I noted in prior filings (Docket No. ________ at ______) because the same exact mental energy (and in this case, the same exact deceit and deception) that went into filing the Federal Motion would go into filing the State Motion.

Martinez joins Landya B.  McCafferty club in hating the First Amendment and Independent Journalism.  See KingCast v. Ayotte, __________, in which McCafferty was forced to Recuse herself after Plaintiff King investigated and determined that she worked for King's opposing Counsel and for same law firm where Defendant Ayotte (then a U.S. Senate candidate) also worked..... without informing King.  See McCafferty's nondescript, back-door recusal that fails to cite the reason for said recusal, in direct variance from her typical Recusals of the period at Appendix _______.


The only difference this time, is that if this Court and the Appellate Court disregard the intent of the Law we are a substantially stronger entity with many more contacts than I was 5-6 years ago, and Plaintiff King is joined now by native Washington people who are on the same team ready to approach the legislature to stamp out unlawful conduct by First Amendment haters like Defendant Rumbaugh.  We will not let off of this case until Justice is obtained. As members of the Fourth Estate that is our joint and several duty, and it is a duty incumbent of mainstream press as well, however derelict they may be in in this instance.

To wit, the News Tribune has written a number of stories about the power, corruption and lies incumbent in the Pierce County Prosecutor's Office.  Plaintiffs have referenced some of these in their filings because there is more corruption and lying and deceit occurring in the case at bar.  But the NT will not touch this with a ten foot pole, nor would they ever dare touch on the possibility that Defendant Rumbaugh violated the law in the Bozgoz case, which was the reason Plaintiff King filed a legitimate Notice of Media Coverage PRIOR TO HEARING but was IGNORED by Defendant Rumbaugh.

It becomes then, the exclusive province of truly Independent media to cover these matters, and in so doing as members of the Fourth Estate we must put our Faith in the Judicial, Legislative and Executive branches in order to properly function in what is purportedly a free society. The Judicial Branch has already let us down to this point.


III.  Defendant Rumbaugh Does Not Enjoy Absolute Immunity for Administrative Acts.

Judicial Immunity, to the extent it exists, only applies to Judicial Acts and not Administrative Acts. 

Clearing a reporter to run video doesn't have jack shit (I suppose I'll change the colloquialism for filing LOL) to do with Judicial Acts folks.  See Forrester v. White, 484 U.S. 219 (1988)

"When applied to the paradigmatic judicial acts involved in resolving disputes between parties who have invoked the jurisdiction of a court, the doctrine of absolute judicial immunity has not been particularly controversial. Difficulties have arisen primarily in attempting to draw the line between truly judicial acts, for which immunity is appropriate, and acts that simply happen to have been done by judges. Here, as in other contexts, immunity is justified and defined by the functions it protects and serves, not by the person to whom it attaches."

As such, Defendant Rumbaugh enjoys only qualified immunity and is subject to Injunctive or Prospective Relief, which is PRECISELY what Plaintiffs argued at (docket No. ______ pp ______).

"Administrative decisions, even though they may be essential to the very functioning of the courts, have not similarly been regarded as judicial acts. In Ex parte Virginia, 100 U. S. 339 (1880), for example, this Court declined to extend immunity to a county judge who had been charged in a criminal indictment with discriminating on the basis of race in selecting trial jurors for the county's courts. The Court reasoned:
"Whether the act done by him was judicial or not is to be determined by its character, and not by the character of the agent. Whether he was a county judge or not is of no importance. The duty of selecting jurors might as well have been committed to a private person as to one holding the office of a judge. . . . That the jurors are selected for a court makes no difference. So are court-criers, tipstaves, sheriffs, &c. Is their election or their appointment a judicial act?" Id., at 348.
Although this case involved a criminal charge against a judge, the reach of the Court's analysis was not in any obvious way confined by that circumstance.
Likewise, judicial immunity has not been extended to judges acting to promulgate a code of conduct for attorneys. Supreme Court of Virginia v. Consumers Union of United States, Inc., 446 U. S. 719 (1980). In explaining why legislative, rather than judicial, immunity furnished the appropriate standard, we said: "Although it is clear that under Virginia law the issuance of the Bar Code was a proper function of the Virginia Court, propounding the Code was not an act of adjudication but one of rulemaking." Id., at 731. Similarly, in the same case, we held that judges acting to enforce the Bar Code would be treated like prosecutors, and thus would 229*229 be amenable to suit for injunctive and declaratory relief. Id., at 734-737. Cf. Pulliam v. Allen, 466 U. S. 522 (1984). Once again, it was the nature of the function performed, not the identity of the actor who performed it, that informed our immunity analysis."

IV

In the case before us, we think it clear that Judge White was acting in an administrative capacity when he demoted and discharged Forrester. Those acts — like many others involved in supervising court employees and overseeing the efficient operation of a court — may have been quite important in providing the necessary conditions of a sound adjudicative system. The decisions at issue, however, were not themselves judicial or adjudicative.

In short, it is the same way in the case at bar:  Defendant Rumbaugh was not adjudicating a goddamn thing. He was simply applying his own bias in an arbitrary and capricious manner to deny what is clearly a Constitutional Right, which brings Plaintiff to his next point:

The fact that Counsel for Judge Rumbaugh lied and fabricated a tale in which Plaintiff Brown had not notified the Court properly and in which Plaintiff King had not placed the Court on Actual Notice of his pending arrival as a First Amendment journalist, or that he had not put the Court on Actual Notice of his ongoing Notice of Media Coverage, when in point of fact he had done so. See Plaintiffs' Notice of Fraud Upon the Court and Rule 11 Motion for Sanctions, Docket Nos. (___ and ____).

Also as far as lying prosecutors go -- and that exactly what this office contains -- you only have qualified immunity, rather than absolute immunity, for fabricating and lying about evidence. See generally Buckley v. Fitzsimmons 509 U.S. 259 (1993).
4 January 2016 Update -- Daniel Hamilton, Esq. and Stephen Trinen, Esq. 955 Tacoma Avenue South have submitted a Notice of Appearance. I need to check on hizzoner's timeline to reply as often government folk get a longer period of time, even though they are allegedly held to a higher standard. Oh the fun things I've learned in the 23 years since I graduated from law school!


Oh is that how it is your honor? I don't think so. We started this lawsuit several months ago and I am now filing it Friday. 

Anyway you get to tell us the way it is, but in America we also get to tell YOU the way it is, in an arguably impartial courtroom setting. You were obviously not impartial with respect to my brother Wally Brown or to me and that is why I'll make sure everything about this lawsuit is set to YouTube and I don't care if I have to get a decree from God. Not even Donald Trump would agree with this sort of Civil Rights violation and you should be ashamed at your misconduct. 

I've been running courtroom video since 1996 so I'm not about tolerate this sort of abuse, not from you and not from anybody. See you in Court, with cameras Your Honor.

The first journal entry from 8 August, 2016. I see the State is busy watching. I am filing today.

Wednesday, November 9, 2016

KingCast and Mortgage Movies Laugh as Kelly Ayotte Gets her ass Handed to her in NH U.S. Senate Race.

Hahahaaa... much more to come on this corrupt idiot soon. In a Republican landslide, this tool manages to lose office. 

Think about that.

Meanwhile read her real history.

KingCast and Mortgage Movies Update on the "Original" Deutschebank Note that Will Eidson Refused to Allow me to See.


Deutschebank v. John E. and Shelly A. Erickson Washington 
1st District Ct App. No. 73833-0-1 -- full hearing video and hallway video coming tomorrow.  

Y'all remember former Stoel Rives Attorney Will Eidson?  He took a powder a year or so ago after my repeated and pointed questioning regarding his clients' apparent lack of integrity and truthfulness on a couple of cases.  See generally Shcolnik and Erickson.
For fun, I've included some of last year's festivities on the overleaf, or jump page. LOL, remember reading a real newspaper?  


Well sports fans, we are here today to specifically address the Erickson case that was argued today before the King County Court of Appeals Division 1.  Things got very interesting because the Deutschebank entity claiming to have authority to foreclose never provided any sworn declaration about any specific original Note in question.  Instead, in the instant case they offered some attorney testimony of sorts from Will Eidson, who rushed me out of the room last fall with I tried to observe a review of the original Note, just watch the video below.

The problem, as I see it.... or at least one of the problems facing Deutschbank in this case is the fact that they never produced the allegedly original Note in a prior related Federal case, and all they have is Attorney Will Eidson Declaration regarding the purported authenticity of the Note they scurried up last year, see link above. But the Appellant homeowner and her Counsel say that the Note they saw last year is not the same Note that was shown as a copy in the prior Federal case.

Speaking of notes, here are mine from today:

Court: Didn't they have the original note? 

Kah: Theres no evidence that they had the original note your honor? 

July 2015 Eidson brought it in -- he did not testify -- he made unsworn statements but none of them establish it was og note nothing proved DB had the note 

 this court ought to require more then unverified unsworn statements by a lawyer? 

one of the largest corps in the western hemisphere but cannot bring a single person with personal knowledge? 

 my clients do not concede that DB came into possession by virtue of position of alleged trustee Note copy 2006 is not payable to DB trust company -- long beach mtge co. merged to WAMU -- then to receivership -- sold to JP Morgan Chase by and through the FDIC (where was the Erickson Note?)

The Note copy attached to complaint is clearly a photocopy of a copy. It is payable to Long Beach mtge and with no indorsement. First time ind appears is when atty will eidson pops up, with undated indorsement. 

 ****** 
 John Glowney

 Well developed body of law as to how you enforce notes 

 When you submit the original note you have establish prima facie case. The original with original signature -- no testimony (court) 

"Notes are self-authenticating and are not hearsay" So it's a prima facie case 

"If you want to challenge it you must raise it in your complaint and say we deny it. They didn't do it." "They brought no evidence in to rebut the presumption of any kind." 

Collateral estoppel applies (Judge Applewick was not so sure of this, check him out questioning Glowney. Judges Spearman and Becker completed the panel. There were some very interesting cases today, actually). 

In effect the issue had already been decided "In the federal court the original note was not produced so in terms of collateral estoppel we don't have absolute proof..." 

Fed court said we don't have to prove you have to have original note 

*********** 
Helmut Kah on rebuttal: Only once established and authenticated does the presumption become valid.

 ******** 
Me grilling Glowney in the hallway, on video. Stay tuned: 

WHY didn't you produce the original note in the related federal court case? 

WHEN did your client come into possession of the note? 

Glowney: "Read the law, Mr. King. 

Me: "I don't have to read the law Counselor I wrote these deals for WAMU when I was a residential closing attorney... I'm just asking you a question...."

In the Post Presidential Election Malaise, KingCast, Mortgage Movies and Stevie Wonder Maintain that the World -- and Love -- is Still in Need of Love Today.


In a society rife with xenophobia, racism and bigotry it pays to remember more hatred does nothing more than add fuel to the fire. If the government can keep all of us little people bickering amongst ourselves then big business and its government pals can just continue on steamrolling us into complete servitude, don't you get it, guys?

The Status Quo Body Politic in America certainly has its problems and you best believe I am no huge fan of the Clinton or Bush dynasties, but Donald Trump is definitely not the answer either.


"Brexit times 5!"  he bellows.


God Damn.


Stevie hum a few bars, willya? 


And a very Honorable Mention to Whitney.

Tuesday, November 1, 2016

KingCast and Mortgage Movies Celebrate Life and Share the Importance of Growing Old.... with Helmets.

Earlier this month two men crashed their motorcycles down at the Tail of the Dragon, with one man clinging to life for 30 hours until a couple randomly stopped for a drink near the cliff where he and his friend had crashed. They heard his cries for help as he lay helpless with punctured lungs and various other breaks and fractures.  This story prompted me to finish my thoughts about what happened in my life recently: 

About two weeks ago I had what could have been a fatal or catastrophic MTBike crash had I not been wearing a helmet. As some of you are aware, I was running Livi, our German Shorthaired Pointer in typical fashion, on a completely nondescript and unchallenging little trail about a quarter-mile from the house. But this time our timing was off because some school children were at the end of the path, and I stopped to let them pet her. 

As such, I was slow putting my feet into the clips when I turned around and this allowed her to reach the end of the path, and completely turn around and come back toward me. As fate would have it, she came through the only unsighted bend just as I was coming through it and WHAM! We avoided each other but I got too much front brake and went down on this hard-packed trail like nobody’s business. I have bruised ribs, an AC Tear to my shoulder but the Real Deal is that my helmet cracked inside, time for a new one. I'll never forget coming to -- I was out for like just a couple seconds -- and wondering, OMG am I dead. It was really an out-of-body experience. 

I could still hear the smack of the helmet on the hard ground and as I looked around everything was out of focus yet extremely sharp at the same time. Livi stood right there and just looked at me, she didn't move an inch. And I mean not an inch for the next 2-3 minutes that seemed like an eternity while I struggled to get up, figure out whether I had entirely dislocated my shoulder and tried to breathe. When I finally got it together to walk home I had to walk-wheelie it because the front brake was jammed and I lacked the chest or arm strength to unjam it. I’ll never forget feeling so alone and realizing that all of those children who had just been there were all gone. 

When Elisa returned home from work and opened the door after I returned from the ER all I could do was fall on her cry, unendingly. I hurt so bad and the uncertainty of knowing when I would be ok was just too much at the time. The fokkers at the ER had not given me any meds and so I had to wait for them, can you believe that?

I returned to the scene several days ago, with Livi. I discovered that I could easily ride my motorcycles but not a bicycle yet because of my injuries that include back muscles and tendons. You need those on a bicycle, especially an off-road bicycle. Those same tendons and muscles, when injured, make it next to impossible to cuddle with loved ones. Talk about a reminder of gratitude for little things. As I retraced the path it was surely nothing akin to, say Niki Lauda walking down the Nurburgring or anything after his epic crash 40 years ago but it was nonetheless a very Heavy Experience. 

Most significantly, I wondered how long it would have been before someone had wandered past and saw me had I had not been wearing a helmet and was knocked unconscious or critically-injured. Niki had heroic racers pulling him from his flaming Ferrari within seconds or he would have perished.  Critical minutes or hours could pass by, no problem. And I might not be sharing these thoughts or any others. There have, after all, been 4-5 times in the past two years I did not wear a helmet because I had locked the door already or some lame excuse and what if that was The Time? There will categorically never be another time without a helmet, even skateboarding on the road. There is simply nothing that could justify the risk. I may even start wearing a chest and shoulder protector on the MTBike as well, even for easy trails because I tend to haul ass on them. 

Just like Livi, I like to cuddle but I like the speed when I am not. 

My life-long friend Randy commented on FB, “I’ve been waiting to say, you need to slow down…. You’re an old man!” 

But alas, these are the things in life the keep me alive. If I slow down, I will indeed be, an Old Man.

Friday, October 14, 2016

KingCast and Mortgage Movies Sneer as Wells Fargo Implodes Amidst Yet More Scandal as John Stumpf Takes a Powder.


 

14 October 2016 Update: John Stumpf resigned, is fired, or whatever.... he's out. See this BBC story. It pretty much doesn't matter who replaces him, what matters most is that he and some of the corporate low-life thugs who presided over the fraudulent accounts and fraudulent Chain of Title processes be imprisoned.  I wrote their attorneys today:

On Oct 13, 2016, at 06:31 PM, Christopher King <kingcast955@icloud.com> wrote:

It's always tough to lose a CEO.

I was friends with Pat Bricker we played tennis together and I remember when his dad got the axe but it was nowhere near as nefarious 

Ciao

Sent from my iPhone

We all know that in NY Attorney Linda Tirelli, the Federal District Court and BK Judge Michael Drain are busy schooling Wells Fargo for manufactured documents. From the 5 October Adversary Complaint in Franklin v. Wells Fargo:
Further, the Bankruptcy Court determined that Wells Fargo’s corporate witness, Mary Ellen Brust (“Ms. Brust”), lacked credibility and offered no information as to how or if Freddie Mac ever possessed the Debtor’s Note. Nor did Brust have personal knowledge regarding the condition of the indorsement on the note as her testimony was that she never saw the original note. 
Further, right here in Seattle, Washington we see the same exact sort of shenanigans in the case I have been working on or following for the past two (2) years as a housing advocate until I had to pass it off to local licensed Counsel Scott Stafne. Inadmissible Affidavits from people who had no Firsthand Knowledge of anything per FRE Rule 602. They never learn. They just keep on bullying, it is their modus operandi, part of their creepy corporate DNA.

Read this journal entry for more. Much more. I'm sure David Dayen and I will discuss it all on Saturday at his book signing. You remember Writer Dayen, right?  From Seattle's Marie McDonnell fiasco where they hired her as a paid consultant yet refused to allow her to present her work on the MERS/King County Audit even as Multnomah County actually sued MERS..... 

Note: The book signing for "Chain of Title" (NY Times) has been postponed owing to inclement weather.

Sunday, October 2, 2016

KingCast and Mortgage Movies Say "Happy Birthday Mom!"


Thank you Mom, for teaching me the value in believing in yourself, treating others with respect and standing up for Truth.

No more fast drives with the top down but we did make a fast lap at the center yesterday and I made all the go-fast noises and stuff :)

Thursday, September 29, 2016

KingCast and Mortgage Movies see Deutschebank and Bryan Bly in Trouble Again as in Vazquez v Deutschebank 441 S W 3d 783 (2014).



February 13, 2009 was a big day for Bryan Bly. On that day he and his robo signing friends and notaries likely conspired to forge hundreds if not thousands of bogus assignments for mortgages or deeds of trust going into or out of Argent Securities.

The problem is, at least one appellate Court just two years ago determined that Mr. Bly and his co-horts could be held liable for forgery in creating void documents to initiate foreclosure proceedings, ab initio.




In Vazquez v. Deutsche Bank Nat'l Trust Co., N.A., 441 S.W.3d 783 (2014) that was the exact issue that we have before us in Indiana, but it's even worse because we have a Bryan Bly Assignment and an LPS Assignment at play, see them right here and recall the LPS debacle when the name partner of a foreclosure mill law firm even lied about his job and identity. This time it was April King instead of Bethany Hood.
Bryan Bly/Deutschebank caricature
The Truth hurts doesn't it.

Note: One of his other Assignments was produced by LPS Lender Processing Services I believe it is, in which Bethany Hood was such a notorious robo-signer that Fein Such Name Partner Henry Fein lied about his identity when we confronted him in his office five years ago. Watch the video, you'll see.

The dates on the Bly Assignment in this case is the same date involved in the Vazquez case, i.e. February 13, 2009.

When I took the call from Mr. Foster I was intrigued because I know I am going to send this video to the Indianapolis Star: I wrote for the Star briefly before going to law school and eventually becoming a residential closing attorney.

Now in addition to the foregoing, Mr. Foster informs me that he sent a set of documents to them to note that one of their alleged ownership interests even predates the Trust in which the Note is allegedly held.

They then dismissed a foreclosure case against him in June 2015 and obtained a bogus Default Judgment against him through sewer service:

In point of fact claims Mr. Foster, there was no service at all and as such he has gone back into Court and straight at Ocwen and Deutschebank to demand an end to this nonsense. He gave them 15 days from the 9th of September to answer him and his Interrogatories. The time has run and he has not received anything of substance, only an email from their attorney who threatens him with a purported loan modification and a short sale offer that he never even reviewed.

They won't even tell him who the investor is...... Stay tuned for updates on this crucial case.

Thursday, September 15, 2016

KingCast and Mortgage Movies See Cafe Aroma Landlord Dodge Nomad Northwest Walk Through.


See Cafe Aroma Shoreline.

Pardon my head cold nasal inflection in this video but I need to get this Truth out one year after the Grand Opening of Nomad Northwest.

In point of fact Angela you are a liar. Folks you can see the email I wrote to Ed right here and his nasty response all of a sudden right here.

You never said Ed was within his rights to talk to me this way at all, right after you all committed to the total rebuild and he got his free rehab for his leased premises. What you did was you talked to Elisa and me about what a jackass he was, and how sexist and misogynist he was, and you informed me that you were going to try to diplomatically address it when you sent me this email. And then you wrote Ed, as seen in this email just a couple of weeks after he went sideways on me, and you now have thrown not only me, but your partner Elisa under the bus by trying to play the high road on your video because you are afraid of litigation and the effect it would have on your family and you have now returned to quaffing their mediocre coffee and food products because it is convenient for you and your family.

I remember you told us on our couch that you just couldn't understand where you lost your balls, or huevos, but somewhere along the line you clearly did. It pains me to do this but I am warning you and your attorney about Perjury as the case moves toward filing. You know me well enough to know that I don't take any shit from anybody, especially someone who puts the screws to Elisa.

And for anybody else out here just ask the City how Ed and Cafe Aroma disgraced the pianos in the park program. They allowed a perfectly good piano to be trashed and then refused to offer the then-vacant Nomad space for the City to help refurbish pianos, some community players they are, right. The Truth will come out. The Truth will set you free.

Wednesday, September 7, 2016

KingCast and Mortgage Movies Support Livi the Wonderdog for President!

Wivums for the Win! She's got more heart, more, intelligence and more integrity than any politician I've ever met, right. Fang Weatherwax for Veep. Below, the best Candidates to run the Free World are seen squirrel hunting and getting some pre-campaign sleep.

Follow them on their historic journey to the White House.

I'm ordering my stickers this week.


Tuesday, August 30, 2016

KingCast and Mortgage Movies Present: The Arrow of Truth and Justice.

Because I need it in my personal life. 
Because the World needs it in my business life.
Other folks have their own reasons for their arrows.

Namaste.

Friday, August 26, 2016

KingCast and Mortgage Movies Update on Yet Another Wells Fargo Multiple Allonge Fraudulent Foreclosure in Snohomish County No. 16-2-02643-3.


 

14 October 2016 Update: John Stumpf resigned, is fired, or whatever.... he's out. See this BBC story. It pretty much doesn't matter who replaces him, what matters most is that he and some of the corporate low-life thugs who presided over the fraudulent accounts and fraudulent Chain of Title processes be imprisoned.  I wrote their attorneys today:

On Oct 13, 2016, at 06:31 PM, Christopher King <kingcast955@icloud.com> wrote:

It's always tough to lose a CEO.

I was friends with Pat Bricker we played tennis together and I remember when his dad got the axe but it was nowhere near as nefarious 

Ciao

Sent from my iPhone

We all know that in NY Attorney Linda Tirelli, the Federal District Court and BK Judge Michael Drain are busy schooling Wells Fargo for manufactured documents. From the 5 October Adversary Complaint in Franklin v. Wells Fargo:
Further, the Bankruptcy Court determined that Wells Fargo’s corporate witness, Mary Ellen Brust (“Ms. Brust”), lacked credibility and offered no information as to how or if Freddie Mac ever possessed the Debtor’s Note. Nor did Brust have personal knowledge regarding the condition of the indorsement on the note as her testimony was that she never saw the original note. 
Further, right here in Seattle, Washington we see the same exact sort of shenanigans in the case I have been working on or following for the past two (2) years as a housing advocate until I had to pass it off to local licensed Counsel Scott Stafne. Inadmissible Affidavits from people who had no Firsthand Knowledge of anything per FRE Rule 602. They never learn. They just keep on bullying, it is their modus operandi, part of their creepy corporate DNA.

Read this journal entry for more. Much more. I'm sure David Dayen and I will discuss it all on Saturday at his book signing. You remember Writer Dayen, right?  From Seattle's Marie McDonnell fiasco where they hired her as a paid consultant yet refused to allow her to present her work on the MERS/King County Audit even as Multnomah County actually sued MERS..... 

Note: The book signing for "Chain of Title" (NY Times) has been postponed owing to inclement weather.





26 August Update:  It looks like K & L Gates is possible Special Counsel. Take a look, and as you do so, read the lower portion of this Revised Journal Entry including reference to a relevant Ohio case, Riddle v. Wells Fargo Bank N.A., 2015 U.S. Dist. LEXIS 147694 (2015).


Meanwhile, today's 1 Oct 2016 email to all Counsel


2 minutes ago at 6:29 AM 


I've got quite the library over the years. I forgot my observations of Wells Fargo even include a lawyer I am damn sure committed PERJURY. 


 "I've got the original Note in my desk back at the office," he says in hushed tones. I had to push the volume in order to render it audible from the shotgun mic. 


SURE you have the original Note back at your office, Attorney Masterson.... sure you do. 


Ciao.

 https://www.youtube.com/watch?v=1_lwjNvqdcI



2 minutes ago at 6:08 AM 


To coin a phrase from Geico: "When you're Wells Fargo, you make up documents..... it's what you do!" I am in NY right now -- New Rochelle -- and may stop over to see Attorney Tirelli, whom I have cc'd in this case on multiple occasions. Fascinating how life works, isn't it. No, I'm not asking.... I'm telling. (I'm actually here for my mother's birthday and some work on a certain homicide case but hey in all my spare time, right....anyway I'm sure she's quite proud of my work and that's what counts).



I like Fn 8/9 and the subsequent discussion, which I am now placing on my journal page: 

8 Although Wells Fargo states in its brief that it objected to the admission of the Kennerty deposition and that the bankruptcy court “never actually admitted it” and should not have admitted it because the testimony “was not relevant to the issue being tried, and clearly was more prejudicial than it was probative,” (Appellant Br. 16, 20), Wells Fargo does not directly challenge the use of the testimony in its Statement of Issues Presented on Appeal. Regardless, the testimony was relevant to the issue of whether the indorsement was authentic. Seeing as he signed the Assignment of Mortgage, Kennerty obviously had some role with respect to Debtor’s loan. He also testified based on personal knowledge as to the practices of the assignment and indorsement teams at Wells Fargo. The fact that Wells Fargo had assignment and indorsement teams that, as the bankruptcy court found, would act to improve the record with respect to various notes and deeds of trust in Wells Fargo’s possession, makes the fact that the indorsement at issue here was added after-the-fact to improve Wells Fargo’s standing more probable “than it would be without the evidence.” Fed. R. Evid. 401(a). 


 9 Also, as with MERS’s/Kennerty’s lack of authority to assign the Deed of Trust in light of the fact Washington Mutual had ceased to exist, the In re Tarantola court found that the afterthe-fact allonge would have been ineffective to transfer the note because the party executing it “had no authority to do so.” In re Tarantola, 2010 WL 3022038, at *4. It stands to reason that a claimant who is willing to execute an unauthorized document to create standing is more likely willing to forge a blank indorsement to create standing as well. 


 *********** 


Wells Fargo contends that the evidence relied upon by the bankruptcy court consisted entirely of unjustified speculation and conclusory allegations that cannot serve as the competent evidence necessary to overcome the indorsement’s presumption of validity. (See, e.g., Appellant Br. 20 (“The Bankruptcy Court’s assumption . . . that Kennerty must have forged indorsements is precisely the sort of speculation that cannot rise to the level of ‘competent evidence’ that the [blank] indorsement . . . was forged.”); Reply Br. for Appellant Wells Fargo Bank, N.A. (“Reply Br.”) 2 (Dkt. No. 24) (“Speculative and conclusory assertions are all that the Bankruptcy Court and [Debtor] could point to.”).) 


Wells Fargo is correct that if Debtor’s evidence merely raised some “metaphysical doubt” as to the validity of the indorsement, Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986), Debtor would not have satisfied its burden and thus would not have overcome the presumption of validity in § 3.308, see, e.g., In re Connelly, 487 B.R. 230, 244 (Bankr. D. Ariz. 2013) (holding that the plaintiff, who challenged the authenticity of a deed of trust and other relevant documents but only “promised to bring forth additional evidence at a later date,” relied on “metaphysical doubt [rather] than evidence deserving all reasonable inference”). 


Here, however, Debtor has not relied on mere speculation and conclusory assertions to overcome the presumption. Rather, Debtor offered specific evidence from which the bankruptcy court found that a reasonable juror could draw the inference that the blank indorsement was not genuine. Wells Fargo’s arguments to the contrary are not persuasive. 

 
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Oh, brother. Remember last year when I told you about the file that had the two Allonges in it, one direct from Deep Green to Wachovia/Wells Fargo and one endorsed in blank?  And how when I asked WF which one was attached to the Note, they told me it was the one in blank....  which was bullshit because they are only saying that so that they can play the bearer paper game, right:  Holder of the Note has the Right to Foreclose.

You see, when I asked for the Original Note it was MIA but they had some guy who actually worked at Kay Jewelers or Zales -- one of the two I forget -- sign a Lost Note Affidavit even though he couldn't have any Actual or Constructive Knowledge of what the hell he was talking about because he was busy slinging lowbrow jewelry to the masses when the family allegedly signed the Note. Insane, right?  But welcome to the Wacky World of Wells Fargo. Honorable U.S. Bankruptcy Judge Robert Drain cracked Wells Fargo's head open over similar fabrications not long ago so one would think they would learn, right? Apparently not, so they want to pass this Rule 11 hot mess on to the next Counsel, so I can go badger them when it comes time for a public Court hearing right.



Well anyway since that time we've seen Marie McDonnell review the purported Allonges and she agreed and went on to say that they're not even recordable documents.

Meanwhile in the related Foreclosure Case Snohomish County No. 16-2-02643-3, Wells Fargo even committed a Rule 11 violation in my opinion by arguing that they were in First Position. This is an argument heretofore never advanced and believe me I have been deep into it with their Routh, Crabtree & Olsen ("RCO") attorneys for more than a year as a housing advocate before referring it out to Learned Counsel Scott Stafne.   So Ms. McDonnell and Attorney Stafne worked together and Counterclaimed a Fair Debt Collection Practices ("FDCPA") Action, which apparently predicated RCO or the client (WF) to punt for new, Special Counsel, identity not disclosed. And when I say not disclosed, I mean not disclosed for a couple of weeks now to my understanding.


The family's renewed offer of Settlement remains stagnant and on the table, I guess. Guessing is all one can do at this point because none of this makes any sense. Read the recent emails below with RCO Attorneys Synova M.L. Edwards and Janaya L. Carter at the helm: