Washington State Sells Out To The Banksters
The Market Ticker ® - Commentary on The Capital Markets
Posted 2011-03-06 11:11
by Karl Denninger
in Foreclosuregate
Ignore this thread
Washington State Sells Out To The Banksters
 

There is a bill pending before the Washington Legislature that would "reform" foreclosure procedures.  Among the provisions of SB-5275 is:

7 (a) That, for residential real estate property, before the notice of trustee's sale is recorded, transmitted, or served, the trustee shall have proof that the beneficiary (bank) is the owner of the promissory note or obligation secured by the deed of trust. A declaration by the beneficiary (bank) made under penalty of perjury stating that the beneficiary (bank) is the actual holder of the promissory note or other obligation secured by the deed of trust shall be sufficient proof as required under this subsection.

Really?

A declaration?

Why not just produce the actual paper?  It's no harder than producing a declaration, right?

If you have it.

Why did the state do this?

It appears they were paid off.

Where?

Right here:

(2) For each owner-occupied residential real property for which a notice of default has been issued, the beneficiary issuing the notice of default, or directing that a trustee or authorized agent issue the notice of default, shall remit two hundred fifty dollars to the department to be deposited, as provided under section 11 of this act, into the foreclosure fairness account. The two hundred fifty dollar payment is required per property and not per notice of default. The beneficiary shall remit the total amount required in a lump sum each quarter.

In exchange for the $250 consumer financial******fee the banks may present nothing more than a bare declaration that they have a properly-assigned and transferred note.  No proof is required.

Now normally I might go along with this, but not now.  Why not?

Because these very same banks have admitted to filing 150,000 affidavits in the last couple of years in which the person swearing to personal knowledge hadn't even read the document.  That is, they lied.  That's perjury, and it's exactly what the banks can do in this case, should this bill become law.

Normally the threat of prosecution for perjury would be enough to stop malfeasance, but it isn't in this case because not one criminal indictment has been issued against any of the individuals or firms involved in the former false swearing, and therefore I must assume that there will be no penalty for lying in the instant case here in Washington State either.

You've been sold out Washington State, and if you allow this bill to be passed, you're going to be bent over the table by the banksters while they pay a token fee in the form of a "foreclosure tax" to the state - and you get screwed out of your house without them having to prove they actually own the debt that is secured by the property.

Your "representatives" at work.

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User Info Washington State Sells Out To The Banksters in forum [Market-Ticker]
Docj
Posts: 1000
Incept: 2009-09-10
Silver
Duck & Cover
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Lather. Rinse. Repeat.

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The preservation of liberty depends upon the intellectual and moral character of the people. As long as knowledge and virtue are diffused generally among the body of a nation it is impossible they should be enslaved. - John Adams
Throxxofvron
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Hyper-Speculative Psycho-Facsistic Parabolic Blow-Off
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When Hearsay became Admissible Evidence...



This looks like a chump change attempt to recover lost Recordation Fee income.

Washington State could just Legislate that there MUST Be Recordation Fees for Every Transfer of a Property or Change in the Status of the Ownership of a Property: literally demand payment for not only ever sale of a Property, but for ever sale of a Loan or Derivative written against a Loan Property in whole or part.

Write a Loan -Recordation Fee.
Dice the Loan into 4 Tranches and dump into 4 Securities -4 Recordation Fees.
Sell CDOs on MBS -Recordation Fees on a per Loan in the Security Issued Basis...

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DIONYSUS: " Thou hast no knowledge of the life thou art leading; thy very existence is now a mystery to thee. " -from 'The Bacchantes' By Euripides “During times of universal deceit, telling the truth becomes a revolutionary act.” -George Orwell

Infidel
Posts: 5463
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Green A True American Patriot!
between here and there
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but Washington State has sophisticated populace....and they have Starbucks.


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"DON'T BELIEVE THEM, DON'T FEAR THEM, DON'T ASK ANYTHING OF THEM." -ALEXANDER SOLZHENITSYN.

Duc888
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CT, the UNconstitution State
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I'm not sure why the hell I continue to follow any laws at all. Really.

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...burp
Bohemian
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California
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As long as they're going to sell out to bankers, that fee should be at least $1,000 and probably closer to $5,000 per sworn affidavit. $250 is chump change. Make banksters really pay to lie.

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"The politicians are put there to give you the idea you have freedom of choice. You don't. You have no choice; you have owners. They own you. They own everything." - George Carlin
Cswake
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That's the way things work once government is corrupt - only removing power from their hands will solve it. On a side note, the Irish have already been sold-out by their new government:

http://www.reuters.com/article/2011/03/0....

Quote:
Ireland's new government will stick to the budget targets laid down in an 85 billion euro ($119 billion) EU/IMF rescue package as it seeks to win European partners round to giving it easier terms on the loans.

...

The coalition agreement between Kenny's center-right Fine Gael party and the center-left Labour party, clinched shortly after midnight, seems designed to curry favor with the fiscally conservative Germans and draws a veil over some of the anti-EU rhetoric deployed in the election campaign.
Sunriser1
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What about the requirement to offer the borrowers a loan reduction to within 5% of the foreclosures projected sales price?

Also for what its worth Nevada has been charging a $250 special fee for recording defaults for some time now.

Does Washington charge transfer tax on trustees deeds?? Nevada does at a base rate of $3.90 per thousand. Some counties and citis add on more. Think about the money from all the foreclosures in NV at $3.90 per thousand.

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People call me depressing, I tell them I'm just well informed.
Ktrosper
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Throx wrote..
This looks like a chump change attempt to recover lost Recordation Fee income.

That's what I was thinking. And they took the cowards way out...

Ah well, another reason to move the f$%k away from Washington I guess.

Go state sovereignty!

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The unexamined life is not worth living.-Socrates
The only stable state is the one in which all men are equal before the law.-Aristotle
Liberty exists now in the spaces government has not yet chosen to occupy.-Doc Zero
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End_the_bubbles
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The people getting foreclosed on should make a "declaration" that the mortgage was PAID IN FULL!

**** THE BANKS!

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In the long run even the most despotic governments with all their brutality and cruelty are no match for ideas. Eventually the ideology that has won the support of the majority will prevail and cut the ground from under the tyrant's feet and rise in rebellion to overthrow their masters.
Curbyourrisk
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Let the fellatio begin......

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Time is up.

I hate to burst your bubble, but there is no Santa Claus, the tooth fairy does not exist and American justice does not involve the courts.
Ct-hilltopper
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Connecticut
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If they get around the rule of law in Washington state, the banksters will be lining up in every other state to institute the same action. As usual, they have the politicians in their pockets.

This will be a ruling to watch, to be sure.

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I have certain rules I live by. My first rule: I don't believe anything the government tells me.
I don't have pet peeves, I have major psychotic f-ing hatreds! And it makes the world a lot easier to sort out.
Etz
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LA
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$250 into the foreclosure fairness account.

inline

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Legal chicanery and beneficent darkness are the banker's stoutest allies - F.Pecora.

Maynard
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Charleston, SC
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Throx, they already tax every real estate transaction. Its called an exise tax and it sucks. Not sure if that is normal or not, I have only sold one home in WA.
Medicdan
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Sick! Just sick!

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Bagbalm
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Do you still feel smug and sophisticated at having cheated a family out of their home for $250 when you feel a hammer blow and look down to see a hole in your chest?
Mannfm11
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Gen, everything in an affidavit has to be rebutted or it stands as fact in a court. I would force an order to produce and challenge the affidavit. The bull**** in this law is already law. They can file all the **** they want in a court. I would think the court should enforce penalties of perjury. Maybe 6 months in jail for contempt of court would be a good start. A disbarment proceeding to follow. 2 years for the second crime. Then we might find out who the brave heroes in the fox hole are.

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Genesis
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I know Mann - the problem is that nobody is being forced to produce the ******n paperwork, and the only reason not to is that it doesn't exist!

What this law will do is give the bankster standing in court the ability to say "but the affidavit standing alone is sufficient and cannot be challenged."

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Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?

Mattdtr
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This law is actually an improvement. Apparently, this law has been on the book for quite some time see: http://apps.leg.wa.gov/RCW/default.aspx?....

Thus, the new thing this bill introduces is the $250 dollar fee.

I'm doing some searching, because it looks like someone slipped this into a bill between 2007 and now. If you look at http://apps.leg.wa.gov/billinfo/summary..... the text in question is not there. Final bill approved by governor in 2007 is here http://apps.leg.wa.gov/documents/billdoc....

I finally managed to track down the bill where this change was passed. It was passed in 2009. Here is the bill summary with sponsors:
http://apps.leg.wa.gov/billinfo/summary.....

Here is the bill signed by the governor with the odious text:
http://apps.leg.wa.gov/documents/billdoc....

I don't know who put that language in, but a likely candidate looks like Rodney Tom, who is very successful realtor with a very disreputable firm (Windemere).


Mattdtr
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I'm in shock check out the language in the original draft of the bill:

http://apps.leg.wa.gov/documents/billdoc....

Quote:
(k)(i) That before the notice of sale is recorded, transmitted, or
15 served, the trustee: (A) Has proof that the beneficiary is the actual
16 holder of any promissory note or other obligation secured by the deed
17 of trust; or (B) has possession of the original of any promissory note
18 secured by the deed of trust with the proper endorsements so that the
19 entity initiating the foreclosure sale has the authority to enforce the
20 terms of the promissory note. In the event that an original of a
21 promissory note is lost, a copy of any promissory note secured by the
22 deed of trust and a notarized statement, made by the beneficiary under
23 the penalty of perjury, that the original promissory note has been lost
24 may be provided.
25 (ii) Proof that the beneficiary is the actual holder of the
26 promissory note or other obligation secured by the deed of trust must
27 be made by way of an affidavit made by a person with personal knowledge
28 of the physical location of the promissory note or other obligation.


Somebody put the kibosh on actual legal protections when it went to the judiciary committee (http://apps.leg.wa.gov/documents/billdoc....

This is so frustrating, how in the world are people supposed to hold their representatives accountable. Now, I have to figure out who on the judiciary committee got that language inserted (or who lobbied them to have the language inserted).

I know MERS is probably willing to lie and fake a note, but at least the original language put more burdens on the banks proving they had the note.
Tsherry
Posts: 193
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Spokane WA
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Wrote my legislators. Am certain that nothing will come of it....(my letter, that is.)

Need to go longer on lead and lead delivery systems, non-hybrid seeds....
Tsherry
Posts: 193
Incept: 2008-12-09

Spokane WA
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Judiciary committee members:

Judiciary (9) Kline, Chair (D); Harper, Vice Chair (D); *Pflug; Baxter; Carrell; Hargrove; Kohl-Welles; Regala; Roach

One of them is my senator, and was the target of my letter. Minority though, so the D's will run the table.
Widgeon
Posts: 13481
Incept: 2007-08-30
Green
Region formerly known as the United States
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Hey Washington State ... I OWN IT ALL.

There, It's declared.

Unknownsailor
Posts: 141
Incept: 2009-04-06

Haze Grey and Underway Via Bremerton, WA
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So, as a person contemplating purchasing a home in Washington State next year, how could I check to see what my title history might be? Go down to the county records office and check?
Skyline
Posts: 140
Incept: 2009-08-02

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A declaration by the beneficiary (bank) made under penalty of death sentence for CEO and Board of Directors stating that the beneficiary (bank) is the actual holder of the promissory note or other obligation secured by the deed of trust shall be sufficient proof as required under this subsection.


fixed it :)
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