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weeks with another blog which will sound like it was written by me about why the DTA is unconstitutional and should be repealed.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