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Saturday, February 15, 2014
Big Bank FAIL: Judge Rules Foreclosure Unconstitutional - Susanne Posel | Susanne Posel
Big Bank FAIL: Judge Rules Foreclosure Unconstitutional Non-Judicial Foreclosure – (comment) The Judge was correct, the “procedure is lawful, it just doesn’t apply to a home owner.
The state of Washington only allows a Judicial Foreclosure of “Private Residential Real property” however the bank stated it was proceeding under Chapter 61.24 RCW of the state of Washington, they were ‘foreclosing on the Deed of Trust”. This has nothing to do with “Private Residential Real Property”. (RCW-definition.-Revised Code of Washington) Chapter 61.24 RCW 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 for General Obligation Bonds-Political Subdivisions-Municipal Corporations. 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.
1 comment:
Big Bank FAIL: Judge Rules Foreclosure Unconstitutional Non-Judicial Foreclosure –
(comment) The Judge was correct, the “procedure is lawful, it just doesn’t apply to a home owner.
The state of Washington only allows a Judicial Foreclosure of “Private Residential Real property” however the bank stated it was proceeding under Chapter 61.24 RCW of the state of Washington, they were ‘foreclosing on the Deed of Trust”. This has nothing to do with “Private Residential Real Property”.
(RCW-definition.-Revised Code of Washington)
Chapter 61.24 RCW
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
for General Obligation Bonds-Political Subdivisions-Municipal Corporations.
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.
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