Certified Forensic Loan Auditors, LLC

 
  Upcoming Classes

Huge Ruling Against Bank of America MERS Bank Foreclosure in Washington State (non-Judicial)

Judge: Foreclosures Illegal / Unconstitutional! Give this information to your Lawyer!

sherriequestioningall.blogspot.com | May 23, 2014

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.



------------------------------------
Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

Back to Letters from the Editor Archive

CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

SEE BELOW- http://www.certifiedforensicloanauditors.com

Call us toll free at 888-758-2352

Bookmark and Share
spacer
Facebook Like us on Facebook
Twitter Follow us on Twitter
YouTube View our YouTube Videos
LinkedIn Connect to us on Linkedin
 
BBB Logo

 

spacer
Contact us or view our Sample Documents & Audits by completing the form below.

  • Reload
  • Should be Empty:


 

DVD Sets Only $99

 

FREE Mortgage Fraud Analysis

 

Order Cutting-Edge Services Now

 

Quiet Title Packages from Licensed Attorneys

 

Affiliate Services

 

CFLA Sponsored Attorney Links

 

Take-Home Education Package

 

ALB Law Firm

 

Advocate Legal

 

The True News Network

 

Sutton Law Firm, P.L.L.C.

 

Rubenstein Business Law

 

Atighechi Law Group

 

Scunziano & Associates

 

Get Certified to Perform Mortgage Securitization Audits

 

CFLA Training Academy

 

Expert Witness Services

 

Cutting Edge Expert Securitization Reports

 

CFLA Credit Cards

 

Breaking News

 

Letters to the Editor

 

CFLA Weekly Newsletters

 

Code of Ethics

 

Testimonials

 

Instructional Videos

 

Job Opportunities

 

License Opportunities

 

MARS Rule

 

Product Samples

 

Resource Links

 

Servicer Information

 

Foreclosure Laws

 

REST Report

 

Quiet Title Packages from Licensed Attorneys

 

Advertise on CFLA

 

Advertising Space: Mortgage Securitization, Quiet Title

 

Certified Forensic Loan Auditors, LLC
13101 West Washington Blvd.
Suite 444
Los Angeles, CA 90066

Phone: 832-932-3951
Toll Free: 888-758-CFLA (2352)
Mobile Users: CLICK TO CALL
info@certifiedforensicloanauditors.com

   
 

CFLA IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. CFLA DOES NOT OFFER FORECLOSURE CONSULTING OR FORECLOSURE RELIEF
SERVICES. CFLA DOES NOT OFFER OR ASSIST WITH ANY LOAN MODIFICATION SERVICE. CFLA ALWAYS RECOMMENDS THAT CLIENTS RETAIN COMPETENT COUNSEL IN THEIR RESPECTIVE JURISDICTION. CFLA HAS A FREE PROGRAM TO REFER CFLA CLIENTS TO LAW FIRMS IN NEARLY EVERY STATE AND CFLA
DOES NOT CHARGE OR OBTAIN REFERRALS FEES FOR THESE SERVICES. SERVICES NOT OFFERED TO RESIDENTS OF THE STATE OF NEVADA.

 
Home About Us Privacy Policy Terms of Service Disclaimer SERVICES Careers Contact Us
 
COPYRIGHT © 2007-2016 Certified Forensic Loan Auditors ™ All rights reserved