FANNIE MAE vs. BREVICK | SNOHOMISH COUNTY, WA SUPERIOR JUDGE VOIDS TRUSTEE'S DEED and denies possession after non-judicial trustee sale

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FANNIE MAE vs. BREVICK | SNOHOMISH COUNTY, WA SUPERIOR JUDGE VOIDS TRUSTEE’S DEED and denies possession after non-judicial trustee sale

FANNIE MAE vs. BREVICK | SNOHOMISH COUNTY, WA SUPERIOR JUDGE VOIDS TRUSTEE’S DEED and denies possession after non-judicial trustee sale

On June 13, 2014, Snohomish County Superior Court Judge George Bowden signed an order after an unlawful detainer trial (which does not involve quiet title) that invalidated the Trustee’s Deed recorded in 2012; denied the Beneficiary/purchaser possession; and, awarded statutory costs and attorney fees to the homeowner.

The Judge found that the assignment of the Beneficial interest to Nationstar by MERS was invalid because MERS never held the note and even if it did, it had already conveyed it to Wells Fargo. He then went on to hold the appointment of QLS as successor Trustee was invalid because Nationstar lacked authority to make the appointment.

That however is only the beginning of the Court rulings. The Judge also found that QLS could not rely on the declaration by Nationstar (prepared by QLS in its normal business practice) which declared Nationstar was the note holder because QLS had breached its statutory duty of good faith and fair dealing owed to the debtor.

The Court did not stop there. The Plaintiff argued the DTA barred the Debtor from making a claim to title because he had not attempted to restrain the sale. The Court ruled that failure of QLS to materially comply with requisites requirements of the DTA resulted in the DTA not applying at all so the issue of waiver was not reached.

The homeowner was successfully represented by John Long and Brett Masch of the Law Firm of John A Long in Issaquah The case name is The Federal National Mortgage Association vs. Brevick, Snohomish County Superior Court Case # 12-2-05605 and is attached along with the Court’s oral ruling.

Attached is a copy of the signed Findings, Conclusions and Order along with a copy of the transcript of the Court’s oral ruling.

Findings of Facts, Conlusions and Order-1

Brevick 05-28-14 Decision Transcript

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6 Responses to “FANNIE MAE vs. BREVICK | SNOHOMISH COUNTY, WA SUPERIOR JUDGE VOIDS TRUSTEE’S DEED and denies possession after non-judicial trustee sale”

  1. GuyFawkes says:

    BOOOOOOOMMMMMMMMMMM!!!!!!!!

  2. I will bow to this honorable judge All dishonorable judges should be hanging their heads in shame!

  3. This judge is a hero standing his ground to the banks. Ruling by the rule of law and Operation of law.

    A quote from the judge!
    . “I am unconcerned if my decision is making new law or
    creating headaches for the lending industry.”

  4. GuyFawkes says:

    This judge’s words: “I am unconcerned if my decision is making new law or creating headaches for the lending industry.”

    We need to hear this from MANY more judges.

  5. M Soliman says:

    Its all BS . Note was cancelled 180 after organization and the debt converted to equity in the name of the household . The Consumer names MERS and MERS represents his / her interest in a series of like kind exchanges which transfers the consumer equity into debt and liquidates the note for income paid to party receiving a 1099. Courts are dialed in as this is for the state to profit from inverse condemnation and eminent domain where household abandoned their claims with these kinds of materially in accurate cases . Dont take my word see 26 US Code Sec 1245; 453 Qualified Sale sec 108 36 month test MARC and 1122 AB Sec 1.1091 Wash Sale and 1.1031 Like Kind Exchanges registerclaims@live.com

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