Washington (state): Bradburn v ReconTrust; Bank of America – won using the Constitution.
As a follow-up to the judge’s commentary “. . . under what authority did MERS have the right to name that trustee?” – what authority indeed.
Read the Motion for [Partial] Summary Judgment, Opposition and Reply to understand how Scott Stafne, Esq., attorney for Bradburn, used the Constitution and powerful, straightforward language to prevail in this case:
“This Court should grant Mr. Bradbum a partial summary judgment that ReconTrust, clothed by defendants BANA [Bank of America] and Fannie Mae, misused the immense power granted under the DTA [Deed of Trust Act] and through their actions caused Bradbum damages by wrongfully “stealing” Bradbum’s home in violation of the aforementioned provisions of the DTA, and that defendants are liable for such damages as a jury determines. Further, this Court should grant Mr. Bradbum a partial summary judgment that defendants misuse of the DTA and related robosigning practices constituted violations of the CPA [Consumer Protection Act] for which defendants are liable.”
In attorney Scott Stafne’s Reply to ReconTrust’s Opposition:
“. . . Default is not a defense to unlawful use of non-judicial foreclosure. If the Defendants could have lawfully foreclosed then they should have done so. Further, unlawful foreclosure, not default, has unlawfully deprived Bradburn of use and enjoyment of the property. . .”
Excellent reading folks – read and learn.