Bradburn v. ReconTrust – mortgagor can lose house in spite of foreclosure shenanigans,

Here’s a nasty foreclosure mess from Washington State. Judge George Bowden of the Snohomish County Superior Court explains his ruling in Bradburn v. ReconTrust:

http://stafnetrumbull.com/wp-content/uploads/2014/01/01.30.2014-Letter-from-Judge-Bowden-Granting-Order.pdf

What a CAN OF WORMS!. But it shows that even though the owner of beneficial interest in the note (the "oobi"), and the oobi’s agents and associates, screwed up ROYALLY in assigning and foreclosing the note, that does not absolve the mortgagor of the obligation to suffer the consequences of breaching the note. The judge seems to make the point that we must ask "WHOM did the shenanigans INJURE and WHAT DAMAGES did it cause?" The mortgagor might hate the shenanigans, but he still owes the debt and common sense (and the contract) dictate that he must forfeit the house. Maybe he has the money to litigate for the next several years over it, but he’ll still lose the house.

The Mortgagor has only one real chance to save the house:

GET THE MORTGAGE EXAMINED and sue over the underlying causes of action.

Call me if you need help with that.

Bob Hurt, Concerned Bob Hurt Blog 1 2 3 f t
2460 Persian Drive #70
Clearwater, FL 33763
Email; Call: (727) 669-5511
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1 thought on “Bradburn v. ReconTrust – mortgagor can lose house in spite of foreclosure shenanigans,”

  1. Chapter 61.12 RCW Judicial foreclosure of mortgages
    FORECLOSURE OF REAL ESTATE MORTGAGES AND PERSONAL PROPERTY LIENS http://apps.leg.wa.gov/rcw/default.aspx?cite=61.12
    Foreclosure — Venue.
    61.12.050
    When remedy confined to mortgaged property.
    61.12.060
    Judgment — Order of sale — Satisfaction — Upset price
    RCW 61.12.060
    Judgment — Order of sale — Satisfaction — Upset price.
    In rendering judgment of foreclosure, the court shall order the mortgaged premises, or so much thereof as may be necessary, to be sold to satisfy the mortgage and costs of the action. The payment of the mortgage debt, with interest and costs, at any time before sale, shall satisfy the judgment. The court, in ordering the sale, may in its discretion, take judicial notice of economic conditions, and after a proper hearing, fix a minimum or upset price to which the mortgaged premises must be bid or sold before confirmation of the sale.
    _____________________________________________________________

    Washington’s Deed of Trust Act (RCW § 61.24).

    61.24.020
    Deeds subject to all mortgage laws — Foreclosure — Recording and indexing — Trustee and beneficiary, separate entities, exception.
    http://apps.leg.wa.gov/rcw/default.aspx?cite=61.24&full=true#61.24.020

    Except as provided in this chapter, a *deed of trust is subject to all laws relating to *mortgages on real property. A deed conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or another to the beneficiary may be foreclosed by trustee’s sale. ____________________________________

    Deeds of trusts not subject to laws relating to mortgages on “real property”
    DEEDS OF TRUST *CHATTEL MORTGAGES
    http://apps.leg.wa.gov/rcw/default.aspx?cite=61.24
    61.24.040
    61.24.040 Foreclosure and sale—Notice of sale.
    61.24.040 Foreclosure and sale—Notice of sale. A
    deed of trust foreclosed under this chapter shall be foreclosed
    as follows:…..
    (comment), The above mentioned is “procedure” or how the actual law or Statute of the Legislature will be enforced. The actual law is listed at the end of Chapter 61.24 RCW section 61.24.040, the earliest being the 1965 statute, the small c (means Chapter) 74, §, means section 4 (see below)

    [2012 c 185 § 10; 2009 c 292 § 9; 2008 c 153 § 3; 1998 c 295 § 5; 1989 c 361 § 1; 1987 c 352 § 3; 1985 c 193 § 4; 1981 c 161 § 3; 1975
    1st ex.s. c 129 § 4; 1967 c 30 § 1; *1965 c 74 § 4.]
    Non-Judicial Foreclosure of Deeds of Trusts
    General Obligation Bonds-Political Subdivisions-Municipal Corporations.
    ______________________________________________
    The actual Statute
    1965
    SESSION LAWS
    OF THE
    STATE OF WASHINGTON
    EXTRAORDINARY SESSION, THIRTY-NINTH LEGISLATURE
    Convened March 15, 1965. Adjourned May 7, 1965.
    http://www.leg.wa.gov/…/documents/sessionlaw/1965pam2.pdf

    Chapter 74 General Obligation Bonds-Political Subdivisions-Municipal Corporations. Page 1892
    GENERAL OBLIGATION BONDS-POLITICAL
    SUBDIVISIONS-MUNICIPAL CORPORATIONS.
    AN ACT relating to general obligation bonds of political subdivisions
    and municipal and quasi municipal corporations
    of the state of Washington; amending sections 1 and 3,
    chapter 151, Laws of 1923, as last amended by sections
    1 and 2, chapter 141, Laws of 1961, and RCW 39.44.010
    and 39.44.030; amending section 2, chapter 151, Laws of
    1923, and RCW 39.44.020; adding a new section to chapter
    39.44 RCW; and declaring an emergency.
    SEC. 4. There is added to chapter 39.44 RCW a New section.
    new section to read as follows: Hereafter all bonds issued by an issuer may be such denominations as the governing body of the issuer may in its discretion determine, except that bonds other than bond number one of any issue shall be in a denomination that is a multiple of one hundred dollars.
    SEC. 5. This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
    ___________________________________________________________________________________-

    Summary, All non-judicial foreclosures in Washington State are void concerning Private Residential Real Property, the banks have no venue, no subject matter jurisdiction, and are guilty of Fraud, Fraud on the Courts and R.I.C.O.
    The Law leaves wrongdoers where it finds them. See sections 50, 51 and 52 of Am Jur 2nd “Actions” on page 584 – “no action will lie to recover on a claim based upon, or in any manner depending upon, a fraudulent, illegal, or immoral transaction

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