KING COUNTY OFFICIALS ARE GUILTY

Unfortunately, King County officials are a primary cause of Seattle’s homelessness problems and deaths.

At least that was my conclusion after hearing the remarks (and having read the Audit) of nationally renowned auditor Marie McDonnell at the Seattle Mortgage Economic Reality (MERS) Summit at the Bethany Church last Sunday.

King County’s land records have become corrupted as a result of the King County Sheriff and Prosecutor Office refusing to enforce Washington’s criminal laws against banks and hedge fund entities like Nationstar and Berkshire Hathaway.

We, the people, need to do something about these public officials refusing to enforce the law against the wealthy 1%.We need to make Sheriffs and Prosecutors aware that we are watching them betray the public interest. Further, that we intend to hold them accountable for their betrayal of the people at the polls in 2016.

So why does King County have land records and a recorder of deeds?

Wikipedia explains the answer very simply:

The legal certainty provided by a title deed issued under the registration of the recorder of deeds is of great significance to all parties who hold, or wish to acquire rights in real property. Certainty of title is the basis for the investment of massive amounts of money in real estate development for residential, commercial, industrial and agricultural use each year. This is why the meticulous recording of registration information by the recorder of deeds is so important.

Each document recorded against title to real estate can be examined and the portion of the bundle of rights that it includes can be determined. These records can assist interested parties in researching the history of land and the chain of title for any property and purpose.

Doesn’t the King County Sheriff, Prosecutor, and Recorder know that the reason we record real estate documents in the Recorder’s Office at the King County Administration Building is so that they can be searched by the public in order to obtain accurate information about Washington real estate?

Duh!!!

king county admin buidling 2

Washington law mandates that any Notice of Trustee Sale (NOTS) intended to begin a non judicial foreclosure must give the borrower and public sufficient information to establish chain of title. In this regard, RCW 61.24.040(1)(a) and (5) provide:

Foreclosure and sale—Notice of sale.

A deed of trust foreclosed under this chapter shall be foreclosed as follows:
(1) At least ninety days before the sale, or if a letter under RCW 61.24.031 is required, at least one hundred twenty days before the sale, the trustee shall:
(a) Record a notice in the form described in (f) of this subsection in the office of the auditor in each county in which the deed of trust is recorded;…

(f) The notice shall be in substantially the following form:

NOTICE OF TRUSTEE’S SALE

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the . . . . day of . . . . . ., . . ., at the hour of . . . . o’clock . . . . M. at  . . . . . . . . . . . . . . . . . . . . . . . . . . . . [street address and location if inside a building] in the City of . . . . . ., State of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in the County(ies) of . . . . . ., State of Washington, to-wit:

[If any personal property is to be included in the trustee’s sale, include a description that reasonably identifies such personal property]

which is subject to that certain Deed of Trust dated . . . . . ., . . ., recorded . . . . . ., . . ., under Auditor’s File No. . . . ., records of . . . . . . County, Washington, from . . . . . . . . ., as Grantor, to . . . . . . . . ., as Trustee, to secure an obligation in favor of . . . . . . . . ., as Beneficiary, the beneficial interest in which was assigned by . . . . . . . . ., under an Assignment recorded under Auditor’s File No. . . . . [Include recording information for all counties if the Deed of Trust is recorded in more than one county.]

 

Can’t the Prosecutor, Sheriff, and Recorder understand that the bolded and italicized part of this statute requires that a Notice of Trustee Sale notify borrowers, junior lien holders, and the public at large with that information from the public records indicating who is entitled to foreclose?

Don’t these officials see that part of the statute which clearly requires the NOTS to reference  recorded documents?

Although the 1% claim they don’t need to record assignments because the deed follows the note (and they have lots of money to promote this absurd proposition) that’s not what the law says. And they know this because the 1% scammers record false statements with the recorder’s office claiming to have a beneficial interest they do not have in order to comply with the above statutory provision.

And the King County Prosecutor, Recorder, and Sheriff know this!

Or, at least, they should!!!

Indeed, Marie McDonnell (the nationally renowned expert on land audits) explicitly told this to the City of Seattle, who now pretends it didn’t pay her with taxpayer dollars to obtain an audit which contains this conclusion.

The recording of false statements in public records is a felony in Washington. See RCW 9.38.020 (false representations concerning title); RCW 16.40.030 (offering false instrument for filing or record).

These provisions are not complicated. You do not have to be an attorney or the attorney general or a prosecutor to understand them.

RCW 9.38.020 states: “Every person who shall maliciously or fraudulently execute or file for record any instrument, or put forward any claim, by which the right or title of another to any real or personal property is, or purports to be transferred, encumbered or clouded, shall be guilty of a gross misdemeanor.”

RCW 16.40.030 states: “Every person who shall knowingly procure or offer any false or forged instrument to be filed, registered, or recorded in any public office, which instrument, if genuine, might be filed, registered or recorded in such office under any law of this state or of the United States, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years, or by a fine of not more than five thousand dollars, or by both.”

In response to public disclosure requests King County responded that it seldom, if ever, had enforced these laws. (And officials wonder why they are so many homeless people when banks are given free reign to ignore our statutes in order to evict people from their homes.)

That is another big “duh” by King County officials.

Why do we have public land records if there is no purpose for them???

Obviously, King County’s land records and King County’s attempts to preserve their integrity is the equivalent of a bad  joke!!!

 

 

 

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About Scott . Stafne

Mr. Stafne is very experienced in property rights, including banking wrongs and foreclosure prevention; Constitutional Law (under the United States and Washington State Constitution); Appellate law; land use law; personal injury law. Scott has recently become a media focal point as his win record of foreclosure defense cases against the largest financial institutions, servicers, trustees as well as MERS have blazed the trail toward ending the foreclosure crisis and representing the rights of the homeowner above the profits and secret dealings of corporations.   Scott sees law as a foundation for establishing a system of twenty first century liberties for the people; and for removing that corruption of power within our government which makes the achievement of real purpose beholden to only money.   Scott Stafne has been an attorney since graduating from the University of Iowa in 1974. He worked for a large law firm in Indianapolis (Baker & Daniels) for two years. Thereafter, he moved to Seattle Washington in order to obtain a Masters of Law degree from the University of Washington, which he obtained in 1977. Scott practiced law while going to graduate school and has practiced ever since.   This is a personal blog, and does not constitute legal advice in any form, and is not necessarily reflective of the policies or opinions of Stafne Law Firm. Visit the Law Firm: http://stafnetrumbull.com Visit the Google+ Page: https://plus.google.com/+ScottStafne Visit the Facebook Page: https://www.facebook.com/scott.stafne.75   *Web Developer: David J. Posel
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