COURTS IGNORE THE EQUITIES TO BENEFIT CREDITOR

This is a redo of my last blog.  The reason I am re-writing it is because the link at the bottom is an order from the United States Bankruptcy Court or the District Of Maryland (Baltimore Division) approving SPS purchase of the servicing rights 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 .077 of the unpaid principal plus all accounts receivable owe the note holder.  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 agreement.  I have attached a link to the document below.  Pay particular attention to paragraph 3.01 at page 5 of the agreement. If SPS, allegedly suing on behalf of the trust  and its certificate holders, wins the case against this borrower the trust and the certificate holders likely will get little, if anything, out of the lawsuit.  SPS will have paid less than $15,000 in order to go after a once middle class American to collect a $1,500,000 + “judicial jackpot”.  SPS’ low cost stake in pursuing this once middle class citizen, and others like him, … Continue Reading

WASHINGTON JUDGES JUST DON’T GET IT.

I worked on preparing a couple briefs this weekend.  One of them dealt with article I, section 12 of the Washington Constitution.  This Constitution provisions states: “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.” Article I, section 12 of Washington’s constitution is different than the “special privileges and immunities” clause of the United States Constitution (and most State constitutions) because one of its purposes is protect Washington citizens  from our state government providing special privileges and immunities to corporations. Its purpose, as a part of Washington’s Declaration of Rights,  was to prevent all three branches of government from corruptly affording corporations and private persons special privileges and immunities which infringed on those citizens rights grounded in Washington’s Constitution. So as I was saying when I write my briefs I have to do research to document the assertions I make to the courts. At least that is what I was taught to do back in the early nineteen seventies.  Oftentimes, however, I am not sure the courts consider these citations much as the superior courts now routinely refuse to provide any reasoning for their judgments and our courts of appeal decide over fifty per cent of their by way of non-precedential rulings. But getting back to the point, I was doing what I was taught to do, i.e. researching Article 1, section 12, when I came … Continue Reading