NWTS IS CLOSING ITS DOORS; SHIFTS ITS FORECLOSURE CASES TO OTHER TRUSTEE MILLS

(BREAKING NEWS, OP-ED) — 

Boo, Frickety Hoo! 

Why is everybody in the foreclosure mill and related industries pining over the announcement by several news outlets that Northwest Trustee Services, Inc. (“NWTS”) in Bellevue, Washington is closing its doors?

I for one am glad to see them “out of here”, given the fact of NWTS’s propensity to allegedly foreclose on U.S. servicemen and women while they’re on active duty, in violation of federal law.  The closure announcement comes in the wake of the Justice Department’s lawsuit against the foreclosure mill trustee of violating the Servicemembers Civil Relief Act (see the lawsuit HERE: US v NWTS, US W.D. Wash No 2-17-cv-01686 (Nov 9, 2017)

I have been aware of RCO’s bastard brainchild phasing out of its trustee service operations for some time now; however, NWTS has spun off its business to other foreclosure mill concerns like Quality Loan Service Corp, who has previously admitted in writing to screwing up paperwork related to non-judicial foreclosure actions. I do not make that accusation lightly.  For those who need proof of my allegations, see HERE: QLS Letter to Washington Attorney   If this doesn’t piss you off, nothing will.  It further proves that the “right hand still does not know what the left hand is doing” and that trustees, and I mean ALL trustees, cannot be trusted.

I maintain that all of the non-judicial foreclosure mills have been participating in the foregoing kind of scheme, especially involving recorded documents which they themselves caused (in one way, shape or form) to be manufactured for the purposes of standing to foreclose, because: (a.) they all know it’s a numbers game in the number of challenges they might face by homeowners who lack the funds to fight; (b.) they all know that a majority of the homeowners will capitulate and run away from the entire process without a fight at all, allowing them unfettered access to what amounts to “legalized theft”; and (c.) with RCO buying up area newspapers to reduce costs of foreclosure, it’s still making money whether NWTS is operating or not because of the shifting of cases to other concerns.

If you find yourself now facing another concern attempting to non-judicially foreclose on you, claiming to have taken NWTS’s place in the que, check the following in your local land records:

  1. Was there a recorded SUBSTITUTION OF TRUSTEE by the Lender?   According to the Deed of Trust (generally at Paragraph 24), ONLY the Lender is allowed to substitute the Trustee, NOT the servicer and NOT the previous Trustee!  The land records must reflect a valid SUBSTITUTION OF TRUSTEE … BEFORE … and not AFTER … the commencement of a foreclosure sale proceeding.
  2. Did you receive a NOTICE OF DEFAULT AND TRUSTEE’S SALE from NWTS in the past?  In order for a future sale to occur through another Trustee source, you have to have received such a notice, which must be recorded in the land records AFTER the SUBSTITUTION OF TRUSTEE was legitimately filed by the Lender.   If you don’t see that chronological sequence, you have suspect issues in the chain of title to potentially challenge the illegality of the attempted foreclosure sale.
  3. Was there a previous chain of title issue with the substitution involving NWTS?  Many folks stop looking backward, when the real damning evidence is already of record. Look to see who SUBSTITUTED NWTS as the Trustee and examine the chain of title involving alleged Assignments of Deeds of Trust.  If you happen to find an Assignment that merely conveys the Deed of Trust and NOT THE NOTE, for the sake of conducting a non-judicial foreclosure sale, you may have issues with 15 USC §§ 1641(f)(g), for violations of the federal Consumer Protection Act, as well as the Washington Consumer Protection Act (or any related state consumer protection act, for that matter).

This isn’t legal advice folks. This is just plain common sense, based on research.  Legal challenges happen in all sorts of ways.  Responsible American homeowners will fight these monsters.  Even though NWTS is closing its doors, it still has to “face the music” regarding the aforementioned federal lawsuit.  The misbehaviors of NWTS are not isolated incidents. In fact, these misdeeds are common to all trustees!

For those in judicial foreclosure states reading this article, understand how lucky you have it that you have “your day in court”, because in non-judicial foreclosure states, all foreclosures are deemed to be legal unless otherwise challenged in a court of law or of equity.  Otherwise, you don’t get the privilege of fighting the monster.  If the banks had their way, ALL foreclosures would be non-judicial.  It’s the proverbial draining of American homeownership, turning the U.S. into a nation of renters or even worse.  Homelessness is up a point this year (over 554,000 people are living on the streets) according to hud.gov: Housing and Urban Development: Homelessness Data Exchange   Don’t become one of them!

Sadly, just because NWTS is folding doesn’t mean another foreclosure mill trustee service won’t surface in the future that’s funded by principals of the RCO law firm or some other scumbag law firm looking to make a dishonest buck.

Most of my research has shown that according to most laws and rules, Trustees involved in foreclosure sales are supposed to maintain neutrality.  However, we know that’s really NOT the case, right?

On another note, I further would wonder why I still haven’t received a refund from the Washington State Bar Association of my $50 Application Fee for neglecting to respond to my application (not even a denial letter) to have the WSBA sanction my conducting a Continuing Legal Education class for attorneys in Washington State on quiet title actions and other end game strategies.  You can see HOW the WSBA contributes to the power base of the banking industry in Washington State, right?  The crooks roost in all quarters folks!  How many legislators can you name that the banks and their lobbyists have bribed to pass legislation (favoring the banks) recently?  And you still want to borrow money from those banks?

Coming up on Clouded Titles Blog … 

There’s more than one way to skin a REMIC!  Dialing up the pure intellectual masturbation!

Arguments for getting past the typical bank attorney statement that “the Borrower isn’t a party to the Assignment”!

Two easy ways to take the bank’s attorney “out of the driver’s seat”!

… and other more interesting stuff!

Say NO! to MERS mortgages!

Borrower only from banks that portfolio their loans!

(like Fort Sill National Bank)

That was not an endorsement … just an example!

Get back to the old ways of banking!

Support public banking!

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6 Comments

Filed under BREAKING NEWS, OP-ED

6 responses to “NWTS IS CLOSING ITS DOORS; SHIFTS ITS FORECLOSURE CASES TO OTHER TRUSTEE MILLS

  1. Pingback: NWTS IS CLOSING ITS DOORS; SHIFTS ITS FORECLOSURE CASES TO OTHER TRUSTEE MILLS — Clouded Titles Blog | California freelance paralegal

  2. rickgreer

    Hey Dave,

    Looks like RCO, Legal (I prefer RICO, Illegal) is going down in flames as well…in a couple of days At least according to the attached document which was filed into my appellate case 2 days ago. Lance Olsen ( The “O” in RCO, Legal as you’re probably aware) has been with McCarthy & Holthus for awhile now. Dealt with him at a motion for relief from stay hearing in my previous BK earlier this year. Plenty of room in Hell for these guys….hope they all get an invite.

    Enjoy!

    Rick Greer

    Like

  3. Brenda Britton

    NW TRUSTEE is the trustee on my foreclosure, my February 9th 2018 has been cancelled. No new assignment has been recorded with the Spokane county in Wa. What can I expect next? I am most curious about how long the process takes? To assign a new trustee and how many days will I have notice of the new sale date? Will I be notified? I stumbled upon the cancellation and this blog. Thank you

    Like

    • Normally, according to your deed of trust, the Lender (not NWTS) can substitute an alternate trustee. An assignment conveys an interest in the mortgage, while the note has to be “transferred” via endorsement. The process can vary in time because these entities move at a snail’s pace unless someone “pushes their buttons” to make them get on it right away. A new trustee would have to be appointed and such a document would have to be recorded. If the land records do not reflect that, no one should be able to foreclose until a new appointment is recorded. The new trustee should then send out the new sale date. You should be notified by mail in addition to publication. As to whether you can fight it? Do you want to? We have ways.

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      • Sherry

        Are they required to serve a new Notice of Default reflecting the new Trustee that is taking over the foreclosure?

        Like

      • Sherry, A lot depends on what “state” you are in (meaning of the 50 US States) and what their procedures are. If they are substituting a party plaintiff, or commencing a new foreclosure action, you would commonly be notified by the servicer (unless you did a QWR asking for the name of the “new owner” with the right to enforce the note, who then would “appoint” a new trustee to foreclose. I’m assuming you’re in a deed of trust state. You should get noticed for everything prior to the sale. Please stay tuned to this website for more details. Dave

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