Scott Stafne, the Attorney who won the huge ruling, I wrote about last week in Washington State against MERS, spoke with me today about the ruling and what it means for previously foreclosed on homeowners by MERS, Bank of America and Recontrust in non-judicial foreclosure states.
Stafne Trumbull Attorney
Scott Stafne
239 North Olympic Avenue
Arlington, WA 98223
ph# 360-403-8700
The PDF of the judge's ruling is here
If you have been foreclosed on in the past years by a MERS bank, please contact an attorney and sue them!
The more people do this and Win, the banks will have to STOP the fraud!
A news article out today says the banks are doing the same things they did in 2008 and nothing has changed!
I was foreclosed by Bank of America, after a failed attempt to modify my loan. I actually spoke at length with one of the VP's over at Freddie Mac's Modification Department, who explained the nearly-impossible task of identifying all the investors with equity interest in any given mortgage, in order to receive OK to modify the associated loan. Basically, any MERS listed note falls into the "impossible" category. I spelled this out for the Foreclosure Review process, who actually found in my favor to the tune of $6,000. Less than .014% of those seeking review received more than $800. This would indicate greater than normal impropriety in the handling of my foreclosure, but even at that, there are no attorneys (of which I'm aware) handling these cases in NH, where we live now, or North Carolina, where we lost our house. If anyone knows otherwise, please post it here. Thanks.
ReplyDeleteYou would want to find an attorney in N.C. where it happened. As Scott Stafne said, personal injury lawyers need to start getting involved in MERS suits. Start doing some searches on the internet of lawyers in N.C., there has got to be some. It appears North Carolina is a judicial foreclosure state.
ReplyDeleteI've scoured NC for attorneys handling these sorts of cases, and there are none. I've even gone directly to the NC Attorney General, the NC Bar, and the various "findlaw" resources. Remember, Bank of America's HQ is located in Charlotte, and they obviously have the state's politicians and courts firmly in their back pocket. The fraud is much larger than just illegal foreclosures. For years now, they have been selling foreclosed homes (nice homes, in nice neighborhoods) for literally pennies on the dollar. $300K homes selling for $15K cash to 'associates' of the foreclosing parties are common. I know of thousands such examples in my county alone. The way they concealed these "fire sale" deals is interesting. First, the banks stopped paying real estate tax on foreclosure sales. The States weren't happy as it represented a loss of millions in revenue. Remember, real estate transfer tax is a percentage of the sales price. Instead of reporting actual sales prices, the banks instead populate that field with the price the FORMER homeowners had paid. This of course skews the entire real estate market. At the same time, Congress passed legislation to absolve foreclosed homeowners from declaring forgiven mortgage balances as income, which also hid how cheaply these homes were being sold. There's more, but that's the gist of it-- the last domino in fake economic statistics has fallen.
DeleteMuch helpful info on www.hofj.org (HomeOwners for Justice.org)
ReplyDeleteThank you, I have added them to the links on the side for people to go to for help.
ReplyDeleteIN NORTH CAROLINA THER TWO FORECLOSUES LAWS
ReplyDelete1. FORECLOSURE OF REAL PROPERTY HAS TO BE IN A COURT OF LAW-JUDICIAL
You get to ask the bank if they loaned you money or credit, the answer is always “credit”
Then you ask them if they can loan “credit” the answer is always “no”.
At that point you submit a request for “summary judgment” you keep the house.
The “process” starts with lender filing a Lis Pendens, requesting a trial. See below Venue
HTTP://WWW.NCLEG.NET/ENACTEDLEGISLATION/STATUTES/HTML/BYCHAPTER/CHAPTER_1.HTML
SUBCHAPTER IV. VENUE.
Article 7.
Venue.
§ 1-76. Where subject of action situated.
Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial in the cases provided by law:
(1) Recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property.
(2) Partition of real property.
(3) Foreclosure of a mortgage of real property.
(4) Recovery of personal property when the recovery of the property itself is the sole or primary relief demanded. (C.C.P., s. 66; Code, s. 190; 1889, c. 219; Rev., s. 419; C.S., s. 463; 1951, c. 837, s. 4.)
§ 1-76.1. Where deficiency debtor resides or where loan was negotiated.
Subject to the power of the court to change the place of trial as provided by law, actions to recover a deficiency, which remains owing on a debt after secured personal property has been sold to partially satisfy the debt, must be brought in the county in which the debtor or debtor's agent resides or in the county where the loan was negotiated. (1977, c. 383, s. 1.)
Article 11.
Lis Pendens.
§ 1-116. Filing of notice of suit.
(a) Any person desiring the benefit of constructive notice of pending litigation must file a separate, independent notice thereof, which notice shall be cross-indexed in accordance with G.S. 1-117, in all of the following cases:
(1) Actions affecting title to real property.
(2) Actions to foreclose any mortgage or deed of trust or to enforce any lien on real property.
(3) Actions in which any order of attachment is issued and real property is attached.
2. THE NON-JUDICIAL FORECLOSURE IS FOR CHATTEL SECURITIES
CHATTEL SECURITIES ARE BONDS, STOCKS, TRUST DEEDS , HOME LOANS SECURED THROUGH THE “HOUSING AUTHORITY”, IT’S PUBLIC HOUSING, IN NORTH CAROLINA IT’S THE North Carolina Housing Finance Agency.
THE LOAN SERVICER AUTHORITY IS LISTED AS 12 U.S.C. § 2605(i),
12 U.S.C. 2605 IS THE CRANSTON GONZALES ACT- IT’S FOR “PUBLIC HOUSING”
AND SINCE IT CAN’T BE “REAL PROPERTY” IT’S A MOBILE HOME USED FOR PUBLIC HOUSING see below
Chapter 45.
Mortgages and Deeds of Trust.
Article 1.
Chattel Securities.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_45.pdf
Chapter 45 - Mortgages and Deeds of Trust. TE: The Statutes on the North Carolina General Assembly website reflect changes made in the 2012 legislative session.
Article 1 Chattel Securities.
http://mobile.ncleg.net/New/Statutes/BrowseStatutes.aspx?chapter=0045
§§ 45-1 through 45-3.1. Repealed by Sessions Laws 1967, c. 562, s. 2.
§ 45-101. Definitions.
The following definitions apply throughout this Article
(1b) Home loan. – A loan that has all of the following characteristics.
The loan is secured by (i) a security interest in a manufactured home
(1c) Housing Finance Agency. – The North Carolina Housing Finance Agency
(3) Mortgage servicer. – A person who directly or indirectly acts as a mortgage servicer as that term is defined in subdivision (1) of this section or who otherwise meets the definition of the term "servicer" in the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(i), with respect to mortgage loans. (CRANSTON GONZALES PUBLIC HOUSING)
The Federal Reserve Act:
ReplyDeleteThe only definition of “Mortgage, is a “Chattel Mortgage”
(since all “national banks are member of the FED, the definition is the same, this is what the “banks are “foreclosing” on)
http://books.google.com/books?id=njQJAQAAIAAJ&pg=PA117&lpg=PA132&ots=EbM5AbSf6Z&focus=viewport&dq=Federal+Reserve+Act++Mortgage+definition%22&output=text
<<<<<<<Loans to ten per cent limit, bank acceptances in addition to 25
Maturity, see under appropriate class of paper
*Mortgages, see Chattel mortgages and Collateral notes
Cattle paper, see Chattel mortgages
Chattel mortgages, as security for agricultural paper 92
Chattel mortgages, bank acceptances against 41,104
Chattel- personal property
Big Bank FAIL: Judge Rules Foreclosure Unconstitutional Non-Judicial Foreclosure –
ReplyDelete(comment) The Judge was correct, the “procedure is lawful, it just doesn’t apply to a home owner.
The state of Washington only allows a Judicial Foreclosure of “Private Residential Real property” however the bank stated it was proceeding under Chapter 61.24 RCW of the state of Washington, they were ‘foreclosing on the Deed of Trust”. This only applies to “CHATTEL MORTGAGES”.
(RCW-definition.-Revised Code of Washington)
Chapter 61.24 RCW
DEEDS OF TRUST *CHATTEL MORTGAGES
http://apps.leg.wa.gov/rcw/default.aspx?cite=61.24
61.24.040
61.24.040 Foreclosure and sale—Notice of sale.
61.24.040 Foreclosure and sale—Notice of sale. A
deed of trust foreclosed under this chapter shall be foreclosed
as follows:…..
(comment), The above mentioned is “procedure” or how the actual law or Statute of the Legislature will be enforced. The actual law is listed at the end of Chapter 61.24 RCW section 61.24.040, the earliest being the 1965 statute, the small c (means Chapter) 74, §, means section 4 (see below)
[2012 c 185 § 10; 2009 c 292 § 9; 2008 c 153 § 3; 1998 c 295 § 5; 1989 c 361 § 1; 1987 c 352 § 3; 1985 c 193 § 4; 1981 c 161 § 3; 1975
1st ex.s. c 129 § 4; 1967 c 30 § 1; *1965 c 74 § 4.]
Non-Judicial Foreclosure of Deeds of Trusts
General Obligation Bonds-Political Subdivisions-Municipal Corporations.
______________________________________________
1965
SESSION LAWS
OF THE
STATE OF WASHINGTON
EXTRAORDINARY SESSION, THIRTY-NINTH LEGISLATURE
Convened March 15, 1965. Adjourned May 7, 1965.
http://www.leg.wa.gov/.../documents/sessionlaw/1965pam2.pdf
Chapter 74 General Obligation Bonds-Political Subdivisions-Municipal Corporations. Page 1892
GENERAL OBLIGATION BONDS-POLITICAL
SUBDIVISIONS-MUNICIPAL CORPORATIONS.
AN ACT relating to general obligation bonds of political subdivisions
and municipal and quasi municipal corporations
of the state of Washington; amending sections 1 and 3,
chapter 151, Laws of 1923, as last amended by sections
1 and 2, chapter 141, Laws of 1961, and RCW 39.44.010
and 39.44.030; amending section 2, chapter 151, Laws of
1923, and RCW 39.44.020; adding a new section to chapter
39.44 RCW; and declaring an emergency.
SEC. 4. There is added to chapter 39.44 RCW a New section.
new section to read as follows: Hereafter all bonds issued by an issuer may be
such denominations as the governing body of the issuer may in its discretion determine, except that bonds other than bond number one of any issue shall be in a denomination that is a multiple of one hundred dollars.
SEC. 5. This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
Summary, All non-judicial foreclosures in Washington State are void concerning Private Residential Real Property, the banks have no venue, no subject matter jurisdiction, and are guilty of Fraud, Fraud on the Courts and R.I.C.O.
The foreclosure laws in Florida are for “Chattel mortgages”.
ReplyDeletehttp://www.flsenate.gov/Laws/Statutes/2012/Chapter702/All
2012 Florida Statutes
(comment) all the following sections are procedures, the procedures have to have a law, known as a “Statute”, in section 702.03,’certain foreclosure validated” the statute is listed as section 3845 RGS, section 3845 deals with ‘Chattel Mortgages”, personal property, or land grants known as “possessory title to federal or state land”. The “lands’, are administered through the former, ‘Internal Improvement Agency’, the forerunner of the Department of Interior, AKA, the Commodity Credit Corporation, Department of Agriculture.
___________________________________
FLORIDA SENATE quote:
702.01 Equity.—All mortgages shall be foreclosed in equity. In a mortgage foreclosure action, the court shall sever for separate trial all counterclaims against the foreclosing mortgagee. The foreclosure claim shall, if tried, be tried to the court without a jury.
History.—RS 1987; GS 2501; RGS 3844; CGL 5747; s. 7, ch. 22858, 1945; s. 2, ch. 87-217.
__________________________________________-
(comment) The court of Equity is the replacement for the court of Chancery, if you read the following links, all proceedings are to be in a court of chancery. A court of chancery was established to litigate matters concerning property owned by the KING. Furthermore, a court of equity exists,(no jury) because there is no remedy in a court of common law. This is why Florida courts are ignoring the common law.
_________________________________________
FLORIDA SENATE quote 3845 RGS IS THE AUTHORITY TO FORECLOSE
3845RGS IS CHATTEL MORTGAGES
702.03 Certain foreclosures validated.—All mortgage foreclosures heretofore made, or now pending, wherein there has been annexed to the bill of complaint in such cause, an uncertified copy of the mortgage, as provided by chapter 12095, Acts of 1927, entitled: “An act to amend section 3845 RGS relating to complaint in foreclosure of mortgages” are hereby validated and confirmed insofar as they relate to the copy of the mortgage attached to such complaint, to the same extent and effect as if section 3117, RGS, had been expressly repealed by chapter 12095, 1927, entitled: “An act to amend section 3845 RGS relating to complaint in foreclosure of mortgages.” History.—s. 1, ch. 13642, 1929; CGL 1936 Supp. 5748(1).
__________________________________________________________
Ch. 683.01 - Florida State University College of Law
www.law.fsu.edu/library/collection/.../FlaStat1967v2_OCR_Part33.pdf
687.09 Persons accepting chattel mortgage as security for loans under one hundred ...... act to amend section 3845 RGS relating to complaint in foreclosure of ...
1. [PDF]
Florida Statutes 1961, Volume 2 - Florida State University College of ...
www.law.fsu.edu/library/collection/.../FlaStat1961v2_OCR_Part27.pdf
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Persons accepting chattel mortgage as security for loans under one ... section shall not apply to sales of bonds in RGS 4852; CGL 6939. excess of one hundred
1. [PDF]
Real Estate Settlement Procedures Act (RESPA) - American Civil ...
www.aclu.org/files/assets/rjp_ff_9c_0101-0200.pdf
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Unfortunately, this section does not provide a private right of action, but can be used to ...... agreement, chattel mortgage or equivalent document related to and ...... titled: "An act to amend section 3845 RGS relating to complaint in foreclosure of ...
1. Florida Statutes Volume Florida State University College of - Docstoc
www.docstoc.com/.../Florida-Statutes-Volume-Florida-State-University-C...
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Oct 20, 2012 - No chattel mortgage shall upon him, and in such case , the publication ..... acts of 1927, entitled: "An act to amend section 3845 RGS relating to ...