Attention Washington State!
Come meet Marie McDonnell, the Keynote Speaker at the Mortgage Economic Reality Summit that will take place on Sunday December 13 from 3-5 at the Bethany Church of Christ on Beacon Hill.
You are cordially invited to attend an informal gathering to meet Ms. McDonnell at the West Seattle home of Susan Harmon where hot spiced cider, wine, cheese and other tidbits will be served.
Time: 7:00 - 9:00 pm
Location: 3112 SW Elmgrove St.
Seattle, WA 98126
Questions? Call: 206-853-5225
BRAVO Washington State Attorney General Rob Ferguson!
It is with great appreciation and optimism that I present to you evidence <see below> that our AG is paying attention. I am grateful to Mr. Ferguson for taking on this very distasteful and long-overdue issue: Northwest Trustee Services routinely steamrolls borrowers who attempt to intervene in their wrongful foreclosure using statutory "safe havens" by twisting the words that are in them.
Our Deed of Trust Act (You can read it HERE) was created primarily to facilitate a fair and legal process for non-judicial foreclosure to take place so that the rights of both the creditor AND THE BORROWER were protected from harm and corruption.
We have a long way to go. Please share this outstanding example of a regulator doing something that needs to be done.
Additional gratitude to the attorneys for justice listed. They are not making millions doing this work, and they are even getting SUED by the Trustee's law firms for even trying to defend homeowner's. Yes, it's true. GOD BLESS THEM for their fearless dedication to restoring justice. Nobody is trying to get a free house here, we are just trying to fight for the right to pay what we owe for it.
Please read the following Amicus and related documents and understand the underlying recurring issue: Trustees skirting their responsibilities and not being the impartial party they are supposed to be . We always seem to see the same names on these matters, don't we?
It's not helpful when the news channels do not report accurate information, especially when it impacts our society's most vulnerable.
In the below letter, Seattle Attorney Ha Dao of Grand Central Law contacted King5 News in Seattle to correct them on the erroneous information in their recent news story on bank break-ins occurring all over the state. Ms. Dao is one of a painfully small group of consumer protection attorneys that truly care and advocate on behalf of consumers of all walks of life. Nothing could be more noble and honorable than "doing the right thing" she does every day, and nothing could be more American than protecting the rights of all Americans, regardless of their situation in life.
Thank you Ha Dao for being a tireless advocate for those who have found themselves a victim of a corrupt system of justice that needs the REAL attention of our Legislators and Attorney General. If it ever happens, I will be glad to report it here... Until then, we will never give up. Ha Dao is a Consumer Protection HERO.
Ms Dao's Letter:
"Mr. Ingalls. I came across your story concerning banks' break-ins and would like to inform you that existing Washington laws DO prohibit such conduct. RCW 7.28. 230(1) provides:
“A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law[.]”
A mortgagee does not gain any greater right to possession simply because the mortgagor defaults on the underlying obligation. Howard v. Edgren, 62 Wn.2d 884, 385 P.2d 41 (1963) (A borrower does not lose his right to possession of mortgaged real property by failing to make payments on the mortgage, or by moving out of the community); Northern Pac. Ry. Co. v. Tacoma Junk Co. (1926), 138 Wash. 1, 5, 244 P. 117, 119; Cameron v. Bustard (1922), 119 Wash. 266, 205 P. 385 (The right of possession is not lost because of abandonment).
Once trespasser status is determined, Washington law, RCW 4.24.630 allows the plaintiff to recover treble damages, attorneys fees and costs.
Because creditors have at their disposal an efficient and inexpensive method to foreclose and take possession, post-foreclosure, using the Unlawful Detainer statute, they cannot rely on self-help methods. If a mortgagee wrongfully seizes possession of the land, he becomes a trespasser. Howard v. Edgren, 62 Wn.2d at 886.
Your viewers should be well-advised that our State provides broader protection to its citizens regarding one's possessory right of real property, whether as a homeowner, or as a tenant, prior to the completion of the necessary legal proceedings of foreclosure or eviction.
The public would be well-served to know that banks' repossession of a home before foreclosure is illegal, even if the owner defaulted or abandoned. Information to the contrary will likely discourage victims of this horrific behavior to seek help. I would implore you to review the cited statutory provisions and case law as they relate to the issues being reported by your program and as they set Washington apart from other states where no such laws exist.
Thank you for your public service.
Ha Thu Dao, Esq.
The Story that Ms. Dao References can be seen here: CLICK HERE
(1) Nothing contained in this chapter shall prejudice the right of the borrower, grantor, any guarantor, or any person who has an interest in, lien, or claim of lien against the property or some part thereof, to restrain, on any proper legal or equitable ground, a trustee's sale. The court shall require as a condition of granting the restraining order or injunction that the applicant pay to the clerk of the court the sums that would be due on the obligation secured by the deed of trust if the deed of trust was not being foreclosed.
Now, most people take that to mean that any involved party to the sale should be able to restrain a trustee's sale if something is seriously amiss. It's true, you can, but the reality is that WHEN you do it involves much more than raising your hand and saying "Whoa! There's a big problem!"
It takes a lawsuit. It takes a COMPETENT attorney that understands judicial foreclosure in Washington State (VERY RARE). Most do not, and WILL NOT represent you because they are not experienced enough. There are actually about TWO attorneys in the whole state that can actually TRULY handle this sort of litigation. There are fewer than 5 out of 100 residential foreclosures in Washington that are JUDICIAL. There is not much need for foreclosure litigation expertise. Homes are silently auctioned off, every Friday, by the thousands, without so much as a cursory glance by ANYONE who has the borrwer's interest in mind.
Washington has foreclosure mills just like Florida. They are cunning, they are well staffed, and well funded, and here's the REAL kicker: there are foreclosure mills in this state who OWN the ENTIRE CHAIN of companies that are involved in "protecting" the borrower from wrongful foreclosure.
Assignments, how made — Satisfaction by assignee.
Any person to whom any real estate mortgage is given, or the assignee of any such mortgage, may, by an instrument in writing, signed and acknowledged in the manner provided by law entitling mortgages to be recorded, assign the same to the person therein named as assignee, and any person to whom any such mortgage has been so assigned, may, after the assignment has been recorded in the office of the auditor of the county wherein such mortgage is of record, acknowledge satisfaction of the mortgage, and discharge the same of record.
Requisites to trustee's sale.
*** CHANGE IN 2011 *** (SEE 1362-S2.SL) ***
It shall be requisite to a trustee's sale:
(1) That the deed of trust contains a power of sale;
(2) That the deed of trust contains a statement that the real property conveyed is not used principally for agricultural purposes; provided, if the statement is false on the date the deed of trust was granted or amended to include that statement, and false on the date of the trustee's sale, then the deed of trust must be foreclosed judicially. Real property is used for agricultural purposes if it is used in an operation that produces crops, livestock, or aquatic goods;
(3) That a default has occurred in the obligation secured or a covenant of the grantor, which by the terms of the deed of trust makes operative the power to sell;
(4) That no action commenced by the beneficiary of the deed of trust is now pending to seek satisfaction of an obligation secured by the deed of trust in any court by reason of the grantor's default on the obligation secured: PROVIDED, That (a) the seeking of the appointment of a receiver shall not constitute an action for purposes of this chapter; and (b) if a receiver is appointed, the grantor shall be entitled to any rents or profits derived from property subject to a homestead as defined in RCW6.13.010. If the deed of trust was granted to secure a commercial loan, this subsection shall not apply to actions brought to enforce any other lien or security interest granted to secure the obligation secured by the deed of trust being foreclosed;
(5) That the deed of trust has been recorded in each county in which the land or some part thereof is situated;
(6) That prior to the date of the notice of trustee's sale and continuing thereafter through the date of the trustee's sale, the trustee must maintain a street address in this state where personal service of process may be made, and the trustee must maintain a physical presence and have telephone service at such address;
(7)(a) That, for residential real property, before the notice of trustee's sale is recorded, transmitted, or served, the trustee shall have proof that the beneficiary is the owner of any promissory note or other obligation secured by the deed of trust. A declaration by the beneficiary made under the penalty of perjury stating that the beneficiary is the actual holder of the promissory note or other obligation secured by the deed of trust shall be sufficient proof as required under this subsection. (exonerates Trustees, I guess, when "beneficiary" gets caught with their pants around their ankles)
(b) Unless the trustee has violated his or her duty under RCW 61.24.010(4), the trustee is entitled to rely on the beneficiary's declaration as evidence of proof required under this subsection.
(but when the borrower sends certified letters detailing fraud and discrepancy, they are REQUIRED to look deeper, not just "ask" the beneficiary what they think. When clear conflict arises, the satisfaction of proof of standing by "declaration" becomes VOID, and burdens the TRUSTEE to DEMAND PROOF. That is their DUTY according TO THE LAW.
Right now, in Washington State, non-judicial foreclosure is like taking cops off the street and telling people to write themselves tickets if they speed. Let's put some teeth back in the laws. The laws are THERE. They are GREAT and don't need to be changed. (That's the good news.) Now here's the hard part: We have to throw a wrench in the gravy train and STOP THESE THUGS. Do what you can. Spread the word by sending this post to anyone and everyone you know in Washington State who might benefit from this knowledge.
Legal help IS available, via the NW Justice Project. It's not the BEST solution, but it's A SOLUTION, and a start. Don't let somebody steal your rights. If you feel you are being wrongfully foreclosed on, GET HELP.
CLICK HERE TO FIND HELP Tell them Social Apocalypse sent you :) We are all on the same team.