Monthly Archives: July 2014

Perhaps a lot of my views in my sixties come from the fact that I was told I was going to die in my forties and didn’t.  It allowed me an early retirement and caused me to reflect about what mattered in my life while I expected to pass on. When I returned to working full time thereafter, I regained an appreciation for my profession, the practice of law, which grows stronger each day. I am acutely aware of the problems which our present day justice system causes for most Americans.  In Washington State, for example, as far back as 2003 most people (approximately 85%) could not afford an attorney to help them with legal matters.  “This is true even though legal problems often involve housing conditions, access to or conditions of employment or other basic human needs, and are almost always characterized as ‘important’   by the households themselves.”  And 2003 was well before the foreclosure crisis started the evil of hundreds of thousands of Americans being forced from their homes. So what does the fact that access to lawyers for most people is almost non-existent mean in today’s world?  Banks pay attorneys to have courts evict homeowners.  Homeowners often don’t have the money to fight the banks so they represent themselves pro se.  Most of the time the bank win, the pro se loses. Adding a lawyer to the equation really does not change much if it is the amount of money that determines the attorneys efforts with regards to … Continue Reading

I flew to Salt Lake City to take the deposition of the only witness Select Portfolio Servicing (SPS) intends to call at trial in an upcoming judicial foreclosure case in King County, Washington.  The witness did not seem to know much about the facts.  For example, the SPS witness (a lawyer) did not know SPS had purchased the “servicing rights” for my clients alleged “home loan” from a bankruptcy trustee for $0 .0077 on the dollar.  That’s right the witness did not know SPS bought the servicing rights for less than a penny on the dollar or the terms regarding that purchase. And SPS’ lawyer would not let the witness testify about who would get to keep the money from the foreclosure sale and any deficiency judgment SPS obtained on behalf of a purported trustee for certificate holders against my client. But everyone knows what really happens.  If SPS, allegedly suing on behalf of the trust  and its certificate holders, wins the case the trust and the certificate holders likely will get little, if anything, out of the lawsuit.  SPS will have paid less than $10,000 in order to go after a once middle class American to collect over a $1,000,000 “judicial jackpot”.  SPS’ low cost stake in pursuing this once middle class citizen, and others like him, is the process which is slowly destroying the fabric of America and causing many to appropriately question the fairness of our courts. Does SPS pursuit of this man’s home seem equitable to you? … Continue Reading

The Webster-Merriam Dictionary defines the verb “corrupt” to mean: : to cause (someone or something) to become dishonest, immoral, etc. : to change (something) so that it is less pure or valuable : to change (a book, computer file, etc.) from the correct or original form It is a basic principle of Constitutional law that the legislative branch passes bills, which when approved by the Governor become statutes if consistent with the Constitutions of the United States and Washington.  When private disputes arise to which a statute applied courts must apply the law to the facts before them. In many cases this will require a court to determine the meaning of a statute in order to apply the facts to the the private dispute they have been asked to resolve.  Such was the situation when the Ninth Circuit Court of Appeals was asked to apply the following provisions of the DTA to Travis and Danielle Mickelsons’ case against Chase Home Mortgage.  The statute in question stated: (3) The trustee or successor trustee shall have no fiduciary duty or fiduciary obligation to the grantor or other persons having an interest in the property subject to the deed of trust. (4) The trustee or successor trustee has a duty of good faith to the borrower, beneficiary, and grantor. Although there is nothing ambiguous about the language “the successor trustee shall have no fiduciary duty or obligation … to persons having an interest in the property subject to the deed of trust”, three … Continue Reading

Like a sling shot, my mind has returned to reality after completing the two briefs which had to be filed today.  I spent about three hours after Matt and Brian left Arlington to shuttle one of the briefs to the Court of Appeals in Seattle and Ashley e-filed the other in King County Superior Court alone in my office “recovering”.  Yes, recovering is the right word to use upon completion of such a week long ordeal. As I stared blankly at my three computer screens and a long list of emails not yet read,  I felt grateful to be part of the lawyers and staff who daily come to work to fight our David and Goliath battle against the banks, servicers, and government sponsored entities.  I realized again how lucky we were to have found one another…  Or, at least, how lucky I was to have found them.  Together, we are learning and growing and becoming better at what we do, which is fighting those who have all the money and still want more. I spent some time watering the garden tonight.  It has grown from five or six years ago when Jan started growing a few vegetables.  Now there are several beds and a berm which runs along the driveway approaching the house.  It has become an unusually beautiful place and I sense that it is a part of what I am meant to do. My sixties have turned out better than expected. I’ve spent this last part of my … Continue Reading