Social Apocalypse

Petition for writ of certiorari is GRANTED, Judgment VACATED and case REMANDED for further consideration in light of Jesinoski v. Countrywide Home Loans

JUDGEMENT VACATED!!

Look to see more of these!

Read more: CLICK HERE

Big Banks Pay Senator to Make It Easier to Foreclose on Homes

Susanne Posel ,Chief Editor Occupy Corporatism | The US Independent
February 18, 2015

 Mark Wilson, mortgage lender and resident of Everett, wrote to Washington State legislator Steve Hobbs and many other senators regarding Senate Bill 5968 which would make it “easier for citizen’s homes to be taken from them without any responsibility for wrongful foreclosure.”

The bill was not voted on and the residents who came out to the Capitol expressed their grievances over the nature and implications proposed by this legislation.

Wilson wrote to Hobbs: “…your proposed bill seeks to accelerate that annihilation. It doubles down on an already suffering citizenry.”

This week Hobbs proposed legislation for consideration to the Financial Institutions and Insurance Committee (FIIC) to amend the Deeds of Trust Act to allow nearly anyone to initiate a foreclosure against the homeowner without having to possess the mortgage note at the time of filing of proceedings.

Scott Stafne, a Washington State attorney and advocate against bank foreclosures, wrote an open letter to Hobbs as commentary on the proposed legislation.

Stafne wrote: “Hobbs’ bill, SB 5968, is designed by lawyers for trustees to undo what few protections the people of Washington have against slime ball debt collectors taking Washingtonians’ homes. Why? Because the trustee makes money on every house it can take away from a Washington voter. And the trustee gives a enough of that money to someone like Hobbs, who has no interest in protecting his constituents’ rights.”

Read more: CLICK HERE

URGENT! ATTN WASHINGTON STATE CITIZENS! Foreclosure Mills are greasing the skids again!

In non-judicial states like Washington, it is extremely quick and easy to take possession of the home of a delinquent borrower.  We DO NOT need it to be easier or quicker or more "expedited".  Please read the below letter from Attorney Shawn Newman and then click on the link to send your own objection to this BLATANT attempt by the local foreclosure mills to construct an even faster expressway.

Senate Committee on Financial Institutions & Insurance

RE: Testimony in Opposition to SB 5968

Hearing Date: 2/18/15

Committee members:

My name is Shawn Newman. I’ve been an attorney for over 30 years, former Assistant

Attorney General, Senate Staff Counsel and adjunct professor. I teach business law and

commercial transactions, which includes foreclosures. SB 5968 would amend the Deed

of Trust Act [Ch. 61.24 RCW] to allow non-judicial foreclosures to be initiated by the

“owner or holder” of a trust deed or by a designee. The bill would also amend the Notice

of Foreclosure to eliminate the requirement that the beneficiary also be the “owner of the

obligation secured thereby.”

First, the courts strictly construe non-judicial foreclosures under the Deed of Trust Act

because it was intended to be an expeditious exception to judicial foreclosure.1 Non-

judicial foreclosure under the DOTA contradicts our constitution which states that “The

superior court shall have original jurisdiction in all cases at law which involve the title or

possession of real property ….”2

Second, to foreclosure, the beneficiary on the deed of trust should also hold the “actual”

note. SB 5968 would allow foreclosure by someone who does not own the “actual” note.

Homeowners should know the owner’s identity to work out possible alternatives to

foreclosure vs. dealing with servicers who have different incentives that encourage

foreclosure.3

Third, SB 5968 would further relax the proof required to foreclose on homeowners. It

would allow non-judicial foreclosures to proceed based on self-serving declarations by

counsel for purported beneficiaries. These purported beneficiaries need not be the actual

owners or holders of the promissory note. These declarations do not meet the legal

requirements for authentication4, self-authentication5 or admissibility6 in a judicial

foreclosure.

Thank you,

/s/

Shawn Newman, Esq.

YOU NEED TO SEND YOUR RESPONSE!  Please CLICK HERE

Please share with other concerned Washington State Citizens.  Foreclosure should not be a FOR PROFIT business. Foreclosure hurts communities and property values, the only people it pays is corrupt banks and FORECLOSURE MILL. 

URGENT! ATTN WASHINGTON STATE CITIZENS! Foreclosure Mills are greasing the skids again!

In non-judicial states like Washington, it is extremely quick and easy to take possession of the home of a delinquent borrower.  We DO NOT need it to be easier or quicker or more "expedited".  Please read the below letter from Attorney Shawn Newman and then click on the link to send your own objection to this BLATANT attempt by the local foreclosure mills to construct an even faster expressway.

Senate Committee on Financial Institutions & Insurance

RE: Testimony in Opposition to SB 5968

Hearing Date: 2/18/15

Committee members:

My name is Shawn Newman. I’ve been an attorney for over 30 years, former Assistant

Attorney General, Senate Staff Counsel and adjunct professor. I teach business law and

commercial transactions, which includes foreclosures. SB 5968 would amend the Deed

of Trust Act [Ch. 61.24 RCW] to allow non-judicial foreclosures to be initiated by the

“owner or holder” of a trust deed or by a designee. The bill would also amend the Notice

of Foreclosure to eliminate the requirement that the beneficiary also be the “owner of the

obligation secured thereby.”

First, the courts strictly construe non-judicial foreclosures under the Deed of Trust Act

because it was intended to be an expeditious exception to judicial foreclosure.1 Non-

judicial foreclosure under the DOTA contradicts our constitution which states that “The

superior court shall have original jurisdiction in all cases at law which involve the title or

possession of real property ….”2

Second, to foreclosure, the beneficiary on the deed of trust should also hold the “actual”

note. SB 5968 would allow foreclosure by someone who does not own the “actual” note.

Homeowners should know the owner’s identity to work out possible alternatives to

foreclosure vs. dealing with servicers who have different incentives that encourage

foreclosure.3

Third, SB 5968 would further relax the proof required to foreclose on homeowners. It

would allow non-judicial foreclosures to proceed based on self-serving declarations by

counsel for purported beneficiaries. These purported beneficiaries need not be the actual

owners or holders of the promissory note. These declarations do not meet the legal

requirements for authentication4, self-authentication5 or admissibility6 in a judicial

foreclosure.

Thank you,

/s/

Shawn Newman, Esq.

YOU NEED TO SEND YOUR RESPONSE!  Please CLICK HERE

Please share with other concerned Washington State Citizens.  Foreclosure should not be a FOR PROFIT business. Foreclosure hurts communities and property values, the only people it pays is corrupt banks and FORECLOSURE MILL. 

KABOOOM! USSC Rescission Ruling Takes Us Back To Court!

We go back to court with PennyMac Loan Services and Northwest Trustee Services!

In 2012 our Rescission was erroneously ruled "time barred" in our local state court.  Interestingly, the two causes for ruling it invalid are exactly the two facts that were recently clarified in the United States Supreme Court showing the ruling was erroneous:

1. That a borrower does NOT have to file a lawsuit to enforce the rescission within the 3 year statute of repose to "validate" the rescission. Rather, it is VALIDATED when the borrower sends a letter to the lender stating they wish to rescind.

2. That a borrower does not need to tender back the proceeds of the loan to validate the rescission. Rather, the note becomes VOID UPON SENDING OF THE LETTER. The tender amount becomes unsecured debt, to be paid back AFTER the lender completes the re-conveyance of the title back to the borrower-IF they do!

Our case is a carbon copy of Jesinoski, and here is our Motion for Relief that was just filed.  It's a very straightforward and obvious correlation to the recent United States Supreme Court Ruling on Rescission.  You can read about that here: CLICK HERE!

Download Baker Motion for Relief signed

We urge you to share this far and wide with others who may have rescinded and were shot down in local courts. The Supreme Court has spoken, and it is about time. Rescission was intended to be a powerful and painful consequence for lenders who tried to rip off borrowers, and IMPORTANTLY navigated the presumption that the shenanigans of the lender likely left borrowers without the resources needed to get justice. 

Thank You United States Supreme Court, and HAPPY VALENTINE'S DAY PENNYMAC LOAN SERVICES AND NORTHWEST TRUSTEE SERVICES!