Scott Stafne, Attorney in Washington State that Won the Huge Ruling against MERS and Bank of America and Recontrust, Spoke with me about the case and the Implications for everyone - Video Interview

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!

Huge Amount of Birth Defects in Washington State - CDC/U.S. Government says "No reason, just Coincidence" This is Outrageous - They Still Won't Admit to Fukushima Radiation!

To me, this proves the Lies and Cover ups of the CDC and U.S. government.

There have been a huge amount of birth defects in Yakima, Washington State over the last 3 years and the CDC won't release the full amount of them.

The only reason this is public, is because a health official released this.  So where else in Washington State is there birth defects that is not being made public?  Just how many are happening in the State as a whole?

They say there is "no reason" except it is all simply coincidence.  The first reason that should  be considered is Fukushima radiation, which is the most reasonable and explainable.  But the U.S. government doesn't dare acknowledge the radiation we are and have gotten from Fukushima.


This is one of those infuriating articles and completely exposes the CDC and U.S. government to their constant coverups of real causes.  They are covering up Fukushima radiation.  You will notice not one mention of it is in the article from NBC or the CDC.  NBC doesn't even question if radiation could be the cause.

This is why "We the People" are on our own in getting Truth out and what is going on so people are aware.

Edit to add - Hanford - the largest nuclear dump in the world that leaks nuclear waste is close to this area.  So it is not just Fukushima radiation, obviously.  Yet the state officials and the CDC believe it is all just a coincidence.  Even if they do testing, they would not admit the defects were from Hanford.  

Important Portions from article:

There’s no secret, state and CDC officials said, and they noted that small clusters of birth defects often turn out to be nothing more than sad coincidence.

“No statistically significant differences were identified between cases and controls, and a clear cause of the elevated prevalence of anencephaly was not determined,” the CDC wrote.

A group of birth defects can appear to be related, when it’s actually just coincidence, Kucik added. “I think that there is a lot of frustration when dealing with these type of cluster investigations because they end up without a lot of answers,” he added.

Ashley-Koch, the Duke professor, acknowledged that CDC and state officials faced a tough task. It's difficult tracing back through previous pregnancies and trying to find a common cause for birth defects, particularly when not all of defects are the same. Still, she suggested that the investigation may have been a “cursory approach.”

Sara Barron, the nurse who discovered the problem, thinks that health officials could — and should — do more.

“I definitely believe something is going on,” she said. “There was something. Maybe it just hit once and blew through, God willing. If there are still cases going on, we need to know.”

CDC and state officials refused to tell NBC News how many new cases they’d received in 2013, saying they plan a full report later this spring. Stahre had previously said they’d received “a few more cases” after the original investigation.

HUGE Ruling Against Bank of America MERS bank foreclosure in Washington State (non-Judicial) - Judge: FORECLOSURES ILLEGAL/UNCONSTITUTIONAL! Give this information to your Lawyer!

Update 2/18/14 - I spoke to Scott Stafne about the ruling.  The Interview is here.

This is HUGE RULING against Bank of America, a MERS bank in Washington State.

The judge ruled the BOA MERS foreclosure was not legal in anyway. He also set it up where the person foreclosed on can get monetary damages from BOA in a trial.

This information and ruling was in a non-judicial foreclosure state.

The attorney in Washington State who handles illegal foreclosures and who won this case is

Scott E. Stafne
Stafne Trumbull, LLC 
239 North Olympic Avenue
Arlington, WA 98223
ph# 360-403-8700

The pdf of the Judges ruling is here. 

portion from ruling:

There was no evidence that MERS was ever the owner or holder of the note. Hence, 

under the Bain decision, MERS could not have been the beneficiary. Bain left open the issue of 

whether MERS could act as an agent of the lender or trustee, and in support of its motion for 

summary judgment defendants make that assertion here. More troubling is the role of 

ReconTrust. It was ReconTrust which issued the notice of default to the borrower. ReconTrust 

was not the trustee when that notice was issued. It’s undisputed that ReconTrust was, at all 

times, a wholly owned subsidiary of BANA. There’s no reason, or at least none that I could see, 

that would preclude ReconTrust from issuing a notice of default as an agent of BANA. But 

thereafter MERS named ReconTrust as the trustee. Or perhaps ReconTrust named itself as the 

trustee, since the signatory “G. Hernandez” was not an employee of MERS but rather was 

employed by ReconTrust. While the DTA appears to have been amended and arguably might 

permit a subsidiary to act as a trustee, the statutory requirement remains that the trustee be 

independent and not beholden to the lender or borrower. Acting as an agent of BANA and being 

a wholly owned subsidiary of BANA, it seems specious to attempt to argue that ReconTrust was 

an independent trustee

I have a call to Stafne Trumbull this morning and have left a message, asking if I could speak with him a few minutes about the ruling and the implications and how this helps everyone throughout the U.S.  If I hear from him and am able to speak with him for a short interview I will upload it and put it on the blog.


Here is an interview with a woman who is intimately familiar with the case and what the implications are.





If you are in Foreclosure or at risk for a Foreclosure - PLEASE contact an attorney, your town/city legal aid and get this information to them!

DO NOT GET FORECLOSED ON!  STAND UP AND STAND FOR YOUR RIGHTS!  STAND FOR LEGAL JUSTICE!  STAND UP AGAINST THE ILLEGAL FORECLOSURES THAT ARE HAPPENING! 

IF YOU HAVE ALREADY BEEN FORECLOSED ON - GET AN ATTORNEY AND FILE SUIT AGAINST THE BANK THAT FORECLOSED ON YOU!

START A MOVEMENT OF ALL PAST ILLEGAL FORECLOSURES HAVING TO GO TO COURT AND THE PEOPLE WINNING FOR LEGAL JUSTICE!

Washington State Gun Bill: All gun owners - Considered Criminals and Police can Inspect home once a year for compliance! No 2nd or 4th amendment rights!

This is so outrageous it is mind boggling that they are even introducing this bill in the Washington State Legislature!

The bill basically makes every gun owner a criminal and have to submit to a police inspection of their home to make sure they are in compliance with all guns being locked away and not having any assault weapons.

I am speechless that gun grabbers are trying to go this far!

Every single resident of Washington State needs to join a "certain" organization in my opinion and tell the officials there to GO to He** with their unconstitutional gun grab!

This bill wipes out both the 2nd amendment and the 4th amendment in one fell swoop!   All the sheriffs in Washington State need to commit to the Constitutional Rights of the residents.

Portion:

The bill, S.B. 5737, proposes "banning the sale of assault weapons." According to the legislation, an "assault weapon" is any semiautomatic pistol, pump-action rifle or shotgun that can accept a detachable magazine, with the capacity to accept more than 10 rounds. Any magazine that accepts over 10 rounds itself will also be banned.

Also included in the definition is any rifle or shotgun with a pistol grip, a stock of any kind, a muzzle brake or muzzle compensator. The bill also prohibits the manufacturing, possessing, purchasing, selling or transferring of an assault weapons "conversion kit." 

In order to continue to possess a so-called assault weapon that was owned before the assumed passing of the legislation, the person must "safely and securely" store the assault weapon and allow the sheriff of the county to, no more than once per year, conduct an inspection to "ensure compliance," despite some apparent civil liberties implications related to the Fourth Amendment.

Everyone in Washington State needs to call their state official, screaming and yelling to them about this Unconstitutional Bill!

Have you been foreclosed on in the past years? Washington State Supreme Court says you can SUE MERS for Fraud if so! Ruling affects everyone in the U.S.!

The Washington State Supreme Court has ruled that previous Foreclosures by MERS were FRAUD!  It says that MERS business model is based on deceptive practices.

The ruling sets it up where anyone was foreclosed on my MERS in the past can SUE them for FRAUD!

The Washington Supreme Court held that MERS' business practices had the "capacity to deceive" a substantial portion of the public because MERS claimed it was the beneficiary of the mortgage when it was not.

This finding means that in actions where a bank used MERS to foreclose, the consumer can sue it for fraud. If the foreclosure can be challenged, MERS' involvement would make repossession more complicated.

On top of that, virtually any foreclosed homeowner in the state in the past 15 years who feels they have been harmed in some way could file a consumer fraud suit.

This is a huge ruling for everyone that has been foreclosed on.

I wrote about this ruling last month when it happened.  


The ruling shows people can band together and sue MERS and all the banks under MERS for FRAUD!

I have tried for years to get attorneys across the country to do Class Action suits against the banks for previous Foreclosures.

I can tell you to go to the tab of "MERS lawyers" I have above that have contacted me and I have spoken with that are doing Class Action Suits and defend against MERS foreclosures.

I also am trying to get something more going regarding this, which I won't go into detail right now but it involves a very large organization that could start a tsunami across the U.S. with others doing the same.   If it comes to fruition I will write about it.

I am asking everyone who has been foreclosed on the the past years by MERS and a MERS bank to SUE the banks and MERS for the FRAUD they committed!

By standing up and standing together we can make a difference!

MERS is complete FRAUD!

Look on your deed and closing papers and see if you have a MERS bank and if MERS is listed!

If you don't know for sure you can find out and have a complete audit done by "USMortgageTruth" .
I have spoken to Jesse there multiple times.  A concern I had was about people being able to afford a complete audit.  He has now set up a program where people can get help without the thousands out that attorneys charge.   I believe it is set up for around $30 a month for 12 months.

Lenore Albert a lawyer from California who had started various Class Actions against MERS in the past contacted me and said she is going after the LIBOR fraud too.  I am inserting an email she sent me earlier this month about her suits.   Understand I believe from all of my correspondence with her and Jesse they both have their "heart" into suing the banks and stopping the FRAUD compared to  trying to make money off people.


This is an email I got from Lenore as we were discussing a Class Action across the board LIBOR suit:

I am not convinced that the loans need to be any type other than based on LIBOR, so I am not excluding Fixed as I have investigated and seen the numbers attached to "fixed" rate LIBOR loans well above LIBOR rate. It is not a variable that needs to be met. I am tightening up my putative actions.
1. LIBOR loans
2. Foreclosure sales that occurred from 10/8 to 12/31/2010.
3. Dual Tracking foreclosures with modification reviews with Aurora Loan Services (on appeal - fully briefed) unfair permanent modification in state court.
4. Stock plans that started to eviscerate after February 2012 with MorganStanley Smith Barney
5. TILA 131g (failure to disclose creditor claims) and modification issues with Wells Fargo and US Bank, NA.

Here is Lenore Albert's complete information:

Lenore L. Albert, Esq.
Law Offices of Lenore Albert
7755 Center Ave Suite #1100
Huntington Beach, California 92647
Phone: 714-372-2264 or e-fax: 419-831-3376

www.InteractiveCounsel.com

Understand it is through all of us standing up together and having the courage and fortitude to stand up to the banks that continue to get bailed out, now to infinity through the FED and their Q3 buying MBS for the banks.   The banks continue to get money and those banks double down constantly committing FRAUD against homeowners and kick families out on the street.

Please if you know of anyone who has been foreclosed on get them informed about this ruling and their rights against FRAUD of their foreclosure in the past.

If you are threatened with foreclosure know that a MERS bank has NO right to foreclose on you!  They have no standing!  FIGHT A FORECLOSURE!  FIGHT THE FRAUD!  STAND UP!
There are people who are honest and sincerely want to help people and to stop the fraud of the banks.


 Here is another paragraph from the article linked at the top:

Legal experts said last month's decision from the Washington Supreme Court could become a precedent for courts in other states. The case also endorsed the view of other state courts that MERS does not have the legal authority to foreclose on a home.

 

Supreme Court ruling of Washington State (Fraud) Foreclosure victims can sue the banks via "Consumer Protection Act"

A Supreme Court -Washington State ruling has now put MERS Fraudclosures in the line of fire for all previous fraudclosure victims.  

They can sue the banks for previous Fraudclosures through the "Consumer Protection Act."

The state Supreme Court yesterday called into question numerous foreclosures that have been done in this state, and opened the door for lawsuits by homeowners given the boot. Just how many foreclosures are we talking about? "Hundreds if not thousands," says Melissa Huelsman, a lawyer representing one of the plaintiffs in the case.

Huelsman points to another aspect of the ruling that she finds highly significant. It opens the door for homeowners who have faced MERS foreclosures to sue under the state Consumer Protection Act. "Characterizing MERS as the beneficiary has the capacity to deceive," the justices opined, adding that homeowners would have to prove they were damaged.

 We need all the state courts of the U.S. to begin ruling correctly and rule by the law!

Another news bit.  It seems BOA is not holding up to the agreement they made with the AG's.  They are blocking homeowners from getting the relief they are suppose to get through that agreement.

HSBC SUSPENDS ALL FORECLOSURES! It is of course a MERS Bank!

HSBC SUSPENDS ALL FORECLOSURES!  

This is Awesome News!  

HSBC has suspended ALL Foreclosures, it is not something they announced but it is a fact they seemed intent on hiding, as it was declared in their annual SEC financial report they filed on Monday.   

Isn't it extremely funny how Main Stream Media is not mentioning this fact?  Wow you would think a bank suspending ALL foreclosures would be a news item. OH, wait of course, what am I thinking...... Charlie Sheen is much bigger news and much more interesting than a bank that is not foreclosing due to so much fraud in the past.  

Portion from article:

HSBC Bank USA and HSBC Finance Corp. have stopped all home foreclosures until further notice and may face unspecified regulatory actions or fines, after regulators found “certain deficiencies” in servicing and foreclosure procedures, HSBC said in government filings Monday.

The disclosure by HSBC, buried deep within its annual financial report to the Securities and Exchange Commission, marks the first time HSBC has admitted to a foreclosure moratorium in the wake of a legal and paperwork crisis that swept the industry.

HSBC is a mortgage servicer which is a MERS bank member.  MERS had sent a memo out to all of their member banks, that no foreclosures could be in MERS name anymore.  They did this due to the New York ruling against MERS and the fact they have no rights to transfer the mortgage.   Also servicers stopped foreclosing in their names, due to rulings that they are not the owners and can not foreclose, that is why it switched to MERS name as nominee to foreclose. 

Is there any wonder HSBC suspended foreclosures?  They can't foreclose because they are not the owners and now there can't be foreclosures in MERS name, due to them not having rights as nominee.  Now, my next question is how can any of the banks from Bank of America, JP Morgan Chase, Wells Fargo, Goldman Sachs/Litton Loan and the list goes on and on, take foreclosure action on anyone?  Will they go back to the servicer being listed as the foreclosing entity?

Will they have to go to each Trust that the MERS mortgage is in as the foreclosing entity?  But then if they do, will that not then open the Pandora's box that mortgages were put in multiple trust?

There are some states trying to take action FOR the bankers - One is Washington State.  It seems the state ELECTED Government officials are trying to pass a bill SANCTIONING The banks FRAUD!  I just came across it today - so those in Washington State - you need to contact your government officials and tell them - THEY WORK FOR THE PEOPLE NOT FOR THE BANKS!  

Then there are states like Arizona and Georgia who are passing bills to protect homeowners against Fraud!   They are/have passed bills where banks can not foreclose through fraud.  

Class Action Suit in Washington State for Existing Homeowners Against MERS - EMC Mortgage and Bear Sterns - Looking at Other Mortgage Servicers to Do a Class Action too!

NOW, We are talking!  This is what NEEDS TO HAPPEN IN EVERY STATE!  A Class Action Suit for EXISTING Mortgage holders of a MERS - EMC Mortgage!  Also the attorney is looking at all the other mortgage servicers to do a class action with!

I AM EXCITED AND THRILLED To see this!  This Class Action is the FIRST OF ITS KIND!  It is for those people who have existing mortgages, not have already been foreclosed on!

If you are in Washington State and have a MERS mortgage and a EMC mortgage CONTACT the Attorney!  Join in on the Class Action - Get your name with the Attorney!

The information and Attorney to Contact:

From - Stop Foreclosure Fraud

SEATTLE, January 10, 2011 (GlobeNewswire) – Attorney Advertising. Keller Rohrback L.L.P. (www.krclassaction.com) announces that a class action has been filed in the United States District Court for the Eastern District of Washington on behalf of all mortgagors in the State of Washington whose home mortgage loans are serviced by EMC Mortgage Corporation and who (a) have attempted to obtain modifications of their loan terms from EMC; and (b) have made payments pursuant to a “Repayment Agreement,” a Home Affordable Modification Program (“HAMP”) trial modification plan, or any other temporary modification plan.

The complaint alleges, among other things that the Defendants: engaged in bad faith as to home mortgage loan modification negotiations; led mortgagors to reasonably believe and rely on Defendants’ representations that they would permanently modify their mortgage loans upon successful completion of “Repayment Agreements” or other trial programs; charged unreasonable, unlawful, or excessive fees; failed to properly disclose and/or concealed fees and other charges; failed to provide to mortgagors a proper or comprehensible accounting of fees, payments, credits, arrearages, and amounts owed; improperly or under-applied mortgage payments to accounts; and breached “Repayment Agreements” or other trial modification program contracts or promises. The complaint has been filed pursuant to the Washington Consumer Protection Act and contains additional claims for breach of contract, breach of the duty of good faith and fair dealing, promissory estoppel, and unjust enrichment.

Keller Rohrback is also investigating the following mortgage loan servicers regarding mortgage loan modifications in Washington and elsewhere:

• American Home Mortgage Servicing, Inc.
• Aurora Loan Services, LLC
• Citimortgage, Inc.
• GMAC Mortgage, Inc.
• JPMorgan Chase Bank NA
• Litton Loan Servicing LP
• Nationstar Mortgage LLC
• OneWest Bank
• SunTrust Mortgage, Inc.

If your home mortgage loan is serviced by EMC Mortgage Corporation or any of the above-listed servicers and you have questions regarding these matters, please contact paralegal Nick Wallace or attorneys Gretchen Obrist or Lynn Sarko at 800.776.6044 or via email at info@kellerrohrback.com.

For additional information regarding the litigation, please click here.

Keller Rohrback, with offices in Seattle, Phoenix, Santa Barbara and New York, is committed to helping individuals protect their investments. Keller Rohrback has successfully provided class action representation for over a decade. Its litigators have obtained judgments and settlements on behalf of clients in excess of seven billion dollars.

Attorney Advertising. Prior Results Do Not Guarantee A Similar Outcome.

CONTACT:
Keller Rohrback L.L.P.
Nick Wallace, Paralegal
(800) 776-6044
info@kellerrohrback.com
www.krclassaction.com

Source: Keller Rohrback L.L.P. Keller Rohrback L.L.P. Announces Class Action Complaint Filed Against EMC Mortgage Corp. and The Bear Stearns Companies LLC

The Full complaint is on the page, linked!