WHY NON-JUDICIAL FORECLOSURE IS UNCONSTITUTIONAL.

Why Is Non-judicial Foreclosure “Unconstitutional”? I was asked to write an article about why Washington’s Deed of Trusts Act, which allows lenders to take homes without having to go through some Court process was unconstitutional. The person who asked me to do this wanted me to keep the article to 500 words and “not sound like a lawyer.” Unfortunately, I concluded that I could not sound like anything but a lawyer, because that is what I am. So I asked my paralegal, Michael Fasset (an Iraq veteran who has a knack for law and helps me with regard to my practice) to write an article for non-lawyers on why nonjudicial foreclosure is unconstitutional. Here is what he wrote. I will follow up in a few weeks with another blog which will sound like it was written by me about why the DTA is unconstitutional and should be repealed.   Introduction I have been asked by Scott Stafne to explain why non-judicial foreclosure is constitutionally unsound without resorting to legalese; I have, however, included some footnotes which will be more technically challenging for those without a legal background. I’ll start with a brief background on how non-judicial foreclosure came to Washington and how it has fared in the courts. I’ll then attempt to explain what it means for a law to be constitutional (because such things are decided by attorneys it’s not as clear cut as you might think). Finally I’ll explain why Washington’s Deeds of Trust Act’s, which I will … Continue Reading

Scott Stafne revisits his past and finds wisdom

Scott Stafne revisits his past and finds wisdom… Each memento comes with a soul weight that may overwhelm or be hidden from the moment in which it is revealed and recollected. The memories attached thereto are not only about me but the context of the society at that time… Sometimes we forget. It was as if I was being called to the boxes which stored my past. I really did not want to go there because my focus was on the present and how it could impact my future. But now that I am older I listen more to my callings. And so Saturday morning I opened the boxes and explored the various accumulations of a lifetime, including without limitation my birth certificate, draft card, poetry, plays, newspaper articles, and other mementos which had found their way into the boxes wedged into back of the pantry and the file boxes in my office. The first thing I noticed was that most of the papers were crinkled; some even appeared to have been snacked on. It is difficult to review mementos in the same way that I attack facts and documents when preparing to write a legal brief. Each memento comes with a soul weight that may overwhelm or be hidden from the moment in which it is revealed and recollected. The memories attached thereto are not only about me but the context of the society at that time. For example, on December 24, 2014 I wrote a blog entitled “Do we want police more devoted to one another … Continue Reading