09 January 2018

KingCast & Mortgage Movies Update on Vietnam Veteran Michael Levitz: MERS to Quality/QLSC = No Standing to Foreclose. And Mike Wileman is a robo signer to boot.


KingCast Mortgage Movies Michael Dean Levitz v. MERS and Capital One Preliminary Injunction CH 11 Adversary... by Christopher King on Scribd


18 Jan 2018 -- These rapacious bastards are simply over the top and must be stopped.

Over the next several days I will be producing another video about this entire experience, reflecting on my experiences with the DoC Mediation. I haven't heard back yet regarding my request for interview. If you've got something to say, then say it publicly. I haven't heard anything but the sound of crickets since I offered the Department of Commerce wonk Nathan Peppin a public interview on his position that the Mediator did no wrong. Bullshit. He tried to take me off course when I raised the issue of this Statute being Remedial in nature and the bottom line is that the duty to note the circumstances involved when an NPV test is not conducted is not discretionary: She has to note it to the file:
Transparency. We tried to tell it to Seattle City Council after the taxpayers paid for my colleague Marie McDonnell to do her review of King County & MERS (see the video, below the Mediator review) but they shut it down

Transparency. The government in this case must admit that they blew it. Mr. Levitz did ALL of these things as required on the SLS sale form. I have seen proof of it. These people are full of shit and trying steal a man’s house. And the DoC is complicit because the Mediator should have mentioned this in the comments section relative to the NPV. 

My film students and the lawyer I refer this case to are not going to have it. Mr. Levitz and his son are staying in that house, period. Like I said, ya'll can shape up and Do the Right Thing or I will make you wish that you had. Not a threat. A promise. 

Rocky recall my private correspondence with you. There is Bad Faith screaming from the Mountaintop right here.  And FWIW I tried to play nice with this mediator but I'm done with that shit. Take a look at her lone review, citing "negligence and disdain." Par for the course, folks. Negligence and homeowner abuse is de rigueur around here.
 

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17 January 2018 -- Going forward Attorney Anderson will not be copied on this matter as he has made his position clear in a 16 January 2018 letter I have shared with the Department of Commerce: There was an Agreement for Mr. Levitz to sell a parcel of his land. Attorney Anderson and Mr. Levitz and I have amicably resolved our differences relative to any disputes that were referenced in any of my written or video production. We all recognize the none of us are the enemy. We definitely know who the enemies are, however.

Rocky, where is that letter you promised with the Trustee "investigation"
into the myriad issues I raised last week that precipitated the foreclosure postponements?
New video coming tonight, 1 January 2018

Behold the original DoT, above. More on this later, with case law.
Some of that law is referenced in the video.

Everyone is blocking my emails, LOL. You can run but you can't hide.
And you wind up back here reading the journal entry anyway.

Stay tuned for a new movie tonight:
"Seattle Attorneys coddle bloodsucker banks in Vietnam Vet Foreclosure."

Wow we've got a lot going on today with Michael Levitz' Fraudulent MERS/Libor/U.S. Bank foreclosure case. Let's start with the law, then at the end you will see that Ark Legal didn't do jack shit for this man. It was my Complaint to the AG's office that precipitated the postponement of sale. Turns out I missed an email from Rocky McDonald.  

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The Law and the documents: Great Morning folks. MERS cannot appoint a Successor Trustee. It’s that simple. Quality has no Standing and there is no Real Party in Interest Manifest. In this case the Assignment is void ab initio because it is all about the entity of MERS, rather than identity of the individual robo-signer, which would render the Assignment merely voidable. Therefore Mr. Levitz may correctly challenge under Yvanova v. New Century 365 P.3d 845 (2016).

How can MERS Assign that which it does not own? And again this Series is not even registered with the SEC When did Mike Wileman work for MERS? He worked for Orion Financial Group 2001-2017. CitiMortgage settled foreclosure Fraud Cases involving Orion documents. Lynn Szymoniak sued Orion as well, on her way to her $18M Settlement. Orion might not have been flagged, but they are dirty too. 

MERS made QLSC Trustee but MERS cannot do this. And the underlying Trust is not registered with the SEC. SMH. 

Lastly, for another recent case involving U.S. Bank and Wrongful Foreclosure and bogus documents: US. Bank v. Mattos 140 Hawaii 26 (June 6, 2017):
With respect to the first issue on certiorari, because it is unclear what Defendants mean by “robo-signing” and because a ruling on the legal effect of “robo-signing” is not necessary to the determination of this case, we set aside the ICA's holding that conclusory assertions that fail to offer factual allegations or a legal theory indicating how alleged **618 *29 “robo-signing” caused harm to a mortgagee are insufficient to establish a defense in a foreclosure action. 
Addressing the factual allegations underlying the “robo-signing” claim, however, we conclude there is a genuine issue of material fact as to whether Ocwen had the authority to sign the second assignment of mortgage to U.S. Bank. [KingCast says yah, just like with MERS....and Mike Wileman. Knock it off, guys the jig is up, the game is over.] 
With respect to the second issue on certiorari, we affirm the ICA in part. We adopt the majority rule followed by the ICA in U.S. Bank Nat. Ass'n v. Salvacion, 134 Hawai‘i 170, 338 P.3d 1185 (App. 2014) and hold that a third party unrelated to a mortgage securitization pooling and servicing agreement lacks standing to enforce an alleged violation of its terms unless the violation renders the mortgage assignment void, rather than voidable, but we limit the holding to the judicial foreclosure context. [Too bad for QLSC that this case involves a Void Assignment, see above] 
Accordingly, we vacate the ICA's March 9, 2016 Judgment on Appeal, as well as the circuit court's August 26, 2014 Findings of Fact, Conclusions of Law and Order Granting Plaintiff's Motion for Summary Judgment and Decree of Foreclosure Against All Defendants on Complaint Filed July 21, 2011, and remand this case to the circuit court.
Lastly, there is no explanation for the lack of any explanation as to why a NPV analysis was not conducted in his state-sponsored Mediation under the Fairness in Foreclosure Statute. I know because I've represented homeowners in these. When you walk out of that  door you had better have something sketched out in writing or you're fucked. Who actually trusts a goddamn bank or mortgage company as to what they say they are going to do? 

In this case Mr. Levitz claims there was supposed to be a sale at a negotiated price based on the fact that he could not find a Lender when he tried to pay off his loan in 2009. But instead he claims that they unlawfully dual-tracked him down the road to foreclosure. He was represented by Counsel.  I have inquired of said Counsel as to how and why this could happen. Frankly, I don't give a shit about anybody's feelings here except for those of Mr. Levitz and his family.

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Background on the postponement and the punk-assed lawyers at Ark: 

Re: Attorney General Complaint: Levitz | WA-15-688500-SW | Michael Levitz Settlement SLS Account No. 1009602497 
2 hours ago at 2:54 AM 
From Christopher King 
To Robert McDonald 

Dear Rocky: No, I obviously DID NOT see your email from 3 Jan 2018 (seen below) noting the postponement to 9 March 2018 after I had cc'd you on an email Citizen Complaint to the Attorney General's Office on 30 December 2017. I wish I had, then there would have been no need for me to find Ark at the 11th hour and we can all certainly use less acrimony in our Lives. 

There would have been no need for me to document the plight of Mr. Levitz and his family on 5 Jan 2018 in this video.
 
I did recently see however how Ark Legal is using our correspondence as some sort of Justification for defaulting on its due diligence with respect to Mr. Levitz. I suppose it is a Good Thing they refunded his money because they certainly haven't done anything for him. It seems the triggering event in this postponement was the AG Complaint and nothing that they did. 

Further, I take vehement issue with the musings of Attorney Song as she states: 
"At Ark Law Group, we always strive to be professional in our relationship and communications with our opposing parties to best serve our clients. At this time, we feel that Christopher's communications have put us in a position where we can't advocate for you in the way we believe is best. We will be closing your file today - we recommend you ask Christopher to stop what he's doing as we believe it's hurting your interests in getting the Trustee to work with you." 
 ........ First of all, my communications with the Trustee have zero to do with their representation of Mr. Levitz. If they had desired me to back off as a consumer advocate while Quality commenced active and legitimate settlement negotiations for a change, then of course I would have done so. I've been around dozens of these types of cases either settling mortgages in HAMP negotiations or reporting on them. 

 ...... Second, it is fairly obvious that the Trustee was not trying to work with Mr. Levitz in the first place. By all appearances they were headed straight for foreclosure despite all of the Chain of Title Defects in this case, until I sent the AG Complaint. As such, I have not "hurt" Mr. Levitz' interests at all. 

 .......Lastly, her concern over my deportment given that of Joe McIntosh's Deportment toward me as previously shared.....is ludicrous. 

Be that as it may, I am awaiting an Affidavit from Mr. Levitz regarding the activities at the 2016 Foreclosure Fairness Mediation Conference, where it appears to me that the Law was not followed. He will be adding this to the AG Complaint and again imploring the Trustee and Servicer to trash all of those ridiculous fines, fees and surcharges and to accept a reasonable, stated amount for sale of the main parcel as I understand it. That will zero everything out and terminate this entire thing. 


He should not have to go retain a lawyer to do this but I will continue to seek Counsel for him nonetheless. I've never failed in such an endeavor. I am not about to this time, either. That man has become a brother to me and his son, a nephew. And their puppy a friend of my puppy's. His son is going to fly drones for my videos and teach me how to do it. We're family now. As you know this is not the proverbial deadbeat homeowner guy trying to get a free house. Remember, he tried to PAY OFF the house in the first place but no Lender could be found!

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