What do YOU feel is a FORECLOSURE TRUSTEES LEGAL RESPONSIBILITY when they are notified on day one of a foreclosure action being initiated that the mortgage was rescinded, and are given PROOF of that? This is a state issue, and in Washington's Deed of Trust Act it falls under "Trustee Misconduct". Trustee Misconduct is all but unheard of in our state, unfortunately because our trustees own everyone from our Attorney General, to our Legislators to our Courts. Change is needed, and we are working on it, but it's a slow and expensive process.
In non-judicial states, the trustee is SUPPOSED to be the gatekeeper to justice for both the borrower and the lender. NOTHING could be further from the truth in Washington State!!! They are, without any exception, puppets of the servicers. They control the trustee firm, the law firm for the servicer, the title company, the publications that publishes the notices, the company that serves the notices... it's not to be believed, and yet somehow (where are our regulators??) they manage to explain how this is NOT a conflict of interest. It's just FINE thank you very much.
In our case, when we informed the foreclosure trustee, upon receipt of a Notice of Default that the mortgage had been rescinded, his response was in essence (I am not joking) "We asked the bank if that was true and they said no, so the foreclosure proceeds as scheduled". We again attempted to convince him to do his diligence as the law requires. His answer: "I cannot figure out why you rescinded, so the foreclosure proceeds." Did he attempt to figure out why? No. Did he ask us why? No. Did he ask the bank? No. Did he read the rescission I letter I sent him? I guess not, that was too time consuming I guess.
Now the Supreme Court has clarified beyond doubt what qualifies as a valid rescission, and communicating the reasons why to a foreclosure trustee IS NOT NECESSARY!!!
The travesty of justice with a great number of foreclosure mills in this country is not being addressed since David J. Stern in Florida. Well, WE are addressing it at our own personal level, more on that later.
WHAT IS A FORECLOSURE TRUSTEES CULPABILITY WHEN THEY IGNORE A VALID RESCISSION AND FORECLOSE ANYWAY?
It should be worthy of the pure hell that we have been living in for 6 years, and till our dying day, we will see that it is.
Your comments are welcome and encouraged!
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