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
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
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!