“Our courts should not be collection agencies for crooks.” — John Waihee, Governor of Hawaii, 1986-1994.
This is in many ways the most important Mortgage Movie I have made, as MERS/MERSCORP, NWTS, and Routh, Crabtree did not escape a Motion to Dismiss for Civil Conspiracy to Steal and Resell… as such it is even more momentous than the Decision Reversing a sale in Bradburn v. ReconTrust, another case involving vertical integration and deceit, breach of Good Faith Covenants, etc. In essence Your Honor, the Emperor has no clothes…. and you can’t bifurcate the note from the Deed of Trust. When MERS or anyone else “conveys” anything such as a Deed of Trust or Mortgage by Assignment without a Note it is a legal nullity.
Significantly, the Court — with urging from Stafne Attorney Brian Fisher captured on video — affirmed Carpenter v. Longan 88 U.S. 271 (1872). Then there are the theft with intent to resell claims that survived as well……
“The Borrower needs to know who they are supposed to be negotiating with (Counsel and Court share a smile of common sense reasoning and logic)…. The Note has to go first and the Deed of Trust is simply incident to that Transfer. If you just transfer the Deed of Trust, you’ve got nothing.”-Brian Fisher, Esq.
Good job StafneTrumbull – and especially attorney Brian Fisher. And special thanks to Christopher King who enables us to share the knowledge – very powerful!
Christopher King has worked in residential and corporate real estate in various capacities for the past twelve years, clearing title, filing zoning applications and reviewing wireless tower contracts. He and his associates are now teaming to provide video coverage of America’s imploding Mortgage market. All images video and text subject to copyright.
Carpenter v. Longan 88 U.S. 271 (1872)
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.
Feb 5, 2014 by Christopher King
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.
Washington Foreclosure Attorney Scott Stafne Oral Arguments in Bradburn v ReconTrust Fraudclosure.
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.
Letter from Judge George N. Bowden
Order from Judge George N. Bowden
Busted Quality Loan Servicing Cant Hide Foreclosure Docs Sent to Chase
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 spirit of Washington Law inside. For more on that watch the discussions with Attorney Stafne, linked supra.
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