11 October 2015
99 Homes, KingCast, Mortgage Movies, Attorney Scott Stafne and Susan Harmon Radio Hour Adress United Trustees Lobbyist Holly Chisa.
Piggy Bank Blog Interview.
More compelling issues seen in this journal entry as KingCast addresses the same situations noted in Ramin Bahrani's new Hollywood film, 99 Homes (Salon). From Industry lobbyist Holly Chisa, whom I have previously referenced last year when I testified in Olympia. And look at this current movie from Rhode Island, with Nationstar and Harmon Law (a former contemporary of David Stern, ahem) railroading an innocent healthcare provider out of her home on a serious dual-tracking case. Video at bottom.
Note: My former contemporary Richard Cordray at the CFPB has railed on United Trustees in an Amicus Brief in Ho v. Recontrust and I ran video of Attorney Stafne slamming Recontrust and earning a set aside sale Judgment in Bradburn v. Recontrust. Washington AG Ferguson is using gaggle of former bank attorneys to try to silence Stafne and other progressive attorneys and working with certain people in Seattle City government to mute the impact of Marie McDonnell's land audit as noted by Studs and Ida Terkel award-winning industry writer David Dayen as noted herein, where I leaked the audit and interview Ms. McDonnell. It's particularly shameful, and I plan on telephoning his office for an interview about this as noted herein, with the foxes watching the henhouse.
"There have also been a series of court decisions that have complicated the underlying Deed of Trust Act. The Washington State Supreme Court has not clearly provided direction on issues around the beneficiary declaration, and the issues around owner/holder. The continual rulings have created uncertainty for the foreclosure process, and there needs to be a resolution of the statute by the Legislature to clear up these ambiguities.
Over the next several months, there will be both larger and smaller meetings to draft potential changes to both the Deed of Trust Act (DOTA) and the mediation programs. Additionally, there may be program modifications that won’t require statutory changes. These systemic changes can be done via the Washington Department of Commerce, which manages the mediation programs. One of the more important meetings involves a large session of mediators coming together to look at the Foreclosure Fairness Act and bothmediation and meet and confer. While these programs do not directly impact trustees, their process and timelines – and success in resolving issues between a beneficiary and a homeowner –directly impacts the foreclosure process.
Over the last several months, various parties have researched the effectiveness of the mediation process, and of specific mediators. They’ve found some systemic challenges and improvements that can be made. One of the key elements is working with more successful mediators to learn how they organize their meetings, what pre-mediation prep work they do with both parties, and how they bring resolution to their sessions effectively. These techniques would then ostensibly be used to train other mediators, bringing consistency to the mediation program. There also has been some discussion of whether the Washington Department of Commerce needs rulemaking authority for the mediation program. Rulemaking authority brings some risks, but would allow the Department to bring limited changes to the program without having to open the statutes."