31 January 2014

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.

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.

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 right here.
Letter from Judge George N. Bowden here.
Order from Judge George N. Bowden here.


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 spirt of Washington Law inside. For more on that watch the discussions with Attorney Stafne, linked supra

No comments: