URGENT! Washington Homeowners Demand Governor Inslee reject Bill 2057 NOW!

http://apps2.leg.wa.gov/billsummary?Year=2017&BillNumber=2057&Year=2017&BillNumber=2057

The Washington State Legislature is one vote away from making changes to Bill  2057 that would be detrimental to homeowners.  The changes would clear the way for anyone, without proof, to claim to be in possession of a promissory note, and to make it a slam-dunk to foreclosure non-judicially.

The state of Arkansas masterminded this type of non-judicial rule, that allows complete strangers in nice suits, and in possession of well photo-shopped documents to waltz into court and claim ownership.  If this bill is passed, the servicer will provide doctored prima facie evidence consisting of a fabricated mortgage note, fake assignment(s) and even a perjured or deceptive affidavit from a servicer to establish the right to foreclose.

This bill will pave the way for banks to commit massive fraud with the homeowner having no defenses until after their home is foreclosed by a stranger who had no standing except by resorting to the presentation of deceptive documents.

Governor Inslee has not signed this bill yet! Please contact his office to send a message that he should NOT sign this bill into law in its current form. We can ask him to please do a line item veto of this section at least!

Here is the section with the most important and disturbing changes. The words in (( )) will be eliminated from the current law, IF this new bill is signed into law by Governor Inslee.

See page 25 at this link: http://leg.wa.gov/…/EducationAndInfo/Guide_to_Lawmaking.pdf

“After reviewing a bill, the Governor may decide to sign it, veto a section of the bill (usually called a line-item veto), or veto all of it. Actual line item vetoes are only permitted in the budget”

Specifically, the language of RCW 61.24.030(7)(a) on page 2 of the bill:

(7)(a) That, for residential real property, before the notice of trustee’s sale is recorded, transmitted, or served, the trustee shall have proof that the beneficiary is the ((owner)) holder of any promissory note or other obligation secured by the deed of trust. A declaration by the beneficiary made under the penalty of perjury stating that the beneficiary is the ((actual)) holder of ((the))any promissory note or other obligation secured by the deed of trust shall be sufficient proof as required under this subsection.

NOTE: By changing “owner” to “holder” means the servicer/debt collector asserting authority to foreclose, does not have to own the underlying debt.

By changing “the promissory note” to “any promissory note” the legislature is allowing the servicer/debt collector to only have a copy of the promissory note, a negotiable instrument.

Can a bank cash a copy of a personal check? No! But, this legislature is going to allow a bank to foreclose the lien using only a copy of a negotiable instrument– despite widespread knowledge that banks routinely forge and fabricate promissory notes.  This is not acceptable and a complete capitulation by the legislature and the so-called homeowner advocates involved in crafting this bill, to the bank and foreclosure industry in Washington State.

It is imperative that the world “holder” should be changed to “owner”  to be consistent with the previous reference to “owner” in (7)(a)!!! AND, it should be made a felony to make false statement(s) in a beneficiary declaration.  Of course, this bill has been created because it is common knowledge that the notes were destroyed and  servicers rarely know who the owner is.

You can send a message online to Governor Inslee at this link: https://www.governor.wa.gov/…/con…/send-gov-inslee-e-message

Governor Inslee contact page: https://www.governor.wa.gov/…/c…/contacting-governors-office

The Washington State Legislature will clarify four long-standing issues in foreclosure and DOTA law:

-Resolution of the Jordan vs. NationStar case
-No judicial process for homes with deceased borrowers
-Fix to statutory language for owner/holder/actual holder
-Process to file non-monetary interest in Washington state for trustees

The bill, HB 2057, initially began as a draft document to negotiate back in 2017 but was met with fierce opposition- as this version of the bill should also be.

The beneficiary declaration will now be provided at the same time as the Notice of Default, and the NOD will now include information on the first page identifying the beneficiary and trustee.  The problem with the beneficiary declaration is that if the bank engages in perjury or fraud, they can claim plausible deniability by claiming that they were not aware of any trust issues, document deficiencies, or that the purported chain of title was defective.  The beneficiary declaration is simply window dressing.

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