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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


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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).

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