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Big banks paying WA senator to make home foreclosure easier

Big banks are paying Senator Hobbs to make home foreclosure easier than ever. SB 5968 redefines holder and owner, making foreclosure easier.



NAR Tax Program

Washington resident, Mark Wilson has been expeditiously contacting Washington state legislators; in particular, Steve Hobbs and other senators involved with the development and push for Senate Bill 5968.

This bill aims to make it easier for citizen’s homes to be taken away without any responsibility for wrongful foreclosure. This bill was not voted on and residents have come to the Capitol to express their grievances over the implications proposed by this legislation.

This bill “seeks to accelerate that annihilation”

Hobbs has proposed legislation for consideration to the Financial Institutions and Insurance Committee (FIIC) to amend the Deeds of Trust Act to allow nearly anyone to initiate a foreclosure against the homeowner without having to possess the mortgage note at the time of filing of proceedings. In his letter, Wilson wrote to Hobbs, “…your proposed bill seeks to accelerate that annihilation. It doubles down on an already suffering citizenry.”

This seems to be the opinion of the majority in regards to this bill.

Because the trustee makes money on every house taken…

Scott Stafne, a Washington State attorney and advocate against bank foreclosures, also wrote an open letter to Hobbs. He stated. “Hobbs’ bill, SB 5968, is designed by lawyers and trustees to undo what few protections the people of Washington have against slime ball debt collectors taking Washingtonians’ homes. Why? Because the trustee makes money on every house it can take away from a Washington voter. And the trustee gives enough of the money to someone like Hobbs, who has no interest in protecting his constituents’ rights.”

Another partner in the Stafne law firm, Joshua Trumbull wrote, “I am extremely disappointed to learn that you are a sponsor of SB 5968. [It] would hurt homeowners and the people of this state while exclusively benefiting the special interests of the Financial Industry.”Trumball also explained another alarming fact: the legal definitions of “holder” and “owner” would be impacted by this bill. He states, “the notice and proof of ownership requirements embodied in the current Deed of Trust Act are essential so homeowners can identify the owner of their loan who shares an economic interest in finding a mutually beneficial, or ‘win-win’ alternative to foreclosure. The proof of ownership requirement is also crucial to ensure that the party authorizing nonjudicial foreclosure is the lender/owner, or its successor in interest, that has the contractual right to foreclose under the deed of trust. SB 5968 would eliminate these valuable protections that Washington homeowners currently enjoy under the existing law.”

Who is the true stakeholder?

Constituents and attorneys of Washington state agree that Hobbs is motivated be special interest groups in the banking industry who would benefit from this broad redefining of “owner” and “holder” so that more foreclosures can be initiated by banks and their representatives.

As Trumball points out, “the owner of the loan is the true stakeholder that the borrower needs to negotiate with in order to attempt to find an alternative to foreclosure [and if] the loan servicer or other third party is financially incentivized to foreclose, foreclosure is what happens. [This bill] would deprive homeowners of knowing the role of the entity they are communicating with and would allow the servicers to continue to prey on borrowers and mislead them into foreclosure.”

Continued speculation against Hobbs

Speculation against Hobbs arises from his connection to Northwest Trustees (NWT) and their alliance with lawyers that contributed to Hobbs senatorial campaign. NWT has netted high profits from more than 250,000 foreclosures in Washington State. One of the primary contributors to Hobbs’ campaign ($13,000 worth) were David and Catherine Fennell.

David Fennell is a Washington State attorney who works with and is a shareholder and owner of NWT. Oddly enough, two years ago, Fennell was accused of “inflating the cost of foreclosure filings 18 percent above average during the height of the housing crisis.”

If SB 5968 passes, the same type of bill could be drafted in other states as well: troubling news for homeowners.

Jennifer Walpole is a Senior Staff Writer at The American Genius and holds a Master's degree in English from the University of Oklahoma. She is a science fiction fanatic and enjoys writing way more than she should. She dreams of being a screenwriter and seeing her work on the big screen in Hollywood one day.


Evictions are mounting, affecting renters and landlords

(POLITICS) Eviction moratoriums both ending and extending are causing ripple effects of economic trouble for renters and landlords.



eviction rent

The United States continues to struggle to find a balance between public health protections to slow the spread of coronavirus and economic measures to prevent Americans from bankruptcy as a result.

While eviction bans initially provided relief for renters who lost jobs and couldn’t afford rent payments, the effects bounced up to property owners who lost those payments. Though the first coronavirus stimulus package renter protections extended to landlords, property owners say banks are still expecting mortgage payments as the relief expires. Many worry the expiration of the additional $600 added to unemployment will exacerbate the problem.

In Texas, the statewide eviction moratorium ended in May. Unlike other major cities which chose to use funds from the federal coronavirus stimulus package to pay for legal representation for tenants, Houston let local protections for tenants expire with the moratorium.

In Houston, there is little recourse for tenants served with an eviction notice. Tenants only have five days to appeal, and there is no legal defense for a tenant who can’t pay at least one month’s rent to the court registry. As a result, tenants facing eviction often surrender and leave. Unfortunately, the result is tenants moving in temporarily with friends and family while they look for new housing, causing overcrowding and presenting a health risk to everyone involved. The CDC has specifically named “poverty and crowding” as a top risk factor for COVID-19.

However, not all evictions are the result of unpaid rent. Marie Baptiste, a landlord in Randolph, Massachusetts reported to the Boston Globe that she has lost recourse against a tenant who not only stopped paying rent long before the pandemic started, but caused water damage and a rat infestation. The tenant argues the structural problems were her reason for withholding rent.

Consequently, Baptiste says she is now $19,000 in the hole for this property, and can do nothing about it. In July, Governor Charlie Baker extended the eviction moratorium to mid-October. In a survey conducted by MassLandlords, one-fifth of landlords are uncertain how they will keep up with mortgage payments. Many fear they will be forced to sell or face foreclosure without relief.

Without protections for both tenants and individual property owners, the eviction moratoriums could have long-term consequences for housing in large cities. Urban centers, already struggling with rent inflation and lack of affordable units as large developers take over, could see this problem exacerbated for years to come. It is imperative that the next stimulus package consider how relief for both renters and property owners can be leveraged to prevent these challenges.

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COVID-19: NAR’s fight for independent contractor relief

(POLITICS) Economic relief is on its way for the self-employed and independent contractors like Realtors, with NAR pushing politicians to pay attention.




Earlier this week the U.S. Senate passed an unprecedented $2 trillion COVID-19 economic relief package. The bill is now in the U.S. House and is expect to be signed by the President without any issues.

Self-employed and independent contractors have been anxious about the bill since talks began. It would not be the first time theses types of workers were left out of key economic legislation. As the majority of the nation’s realtors are self-employed or commission-based, they have been hit hard by the economic effects of COVID-19.

Just last week home buyer disinterest tripled; few are looking to buy a home right now and social distancing restrictions have made it difficult to attract new clients or show property.

Realtors want to do their part to stop the spread of the virus, but just like everyone else, they need support during this difficult time.

During the last several weeks, the National Association of Realtors (NAR) has been in constant discussion with lawmakers to ensure that these groups are taken into account for the economic relief package.

NAR Senior VP of Government Affairs, Shannon McGahn stated, “We have worked closely with Congressional leaders and the administration during the past several weeks to ensure all three bills bring relief to the self-employed, independent contractors, and small businesses. The real estate industry is responsible for millions of jobs and is key to our national recovery.”

The economic relief package includes $350 billion for the Small Business Administration 7(a) loan program. Under the terms, eligible small businesses, which in this case are those that have 500 employees or fewer, can receive up to $10 million toward mortgage interest, rents, utilities, and payroll costs. A portion of these loans will be forgivable.

In addition to relief through the loan program, self-employed and independent contractors will be able to take advantage of unemployment insurance benefits. This program could cover benefits for up to 39 weeks, a huge relief as many find themselves and their businesses suddenly devoid of cashflow.

This is the third relief package to be signed into law, with a fourth expected to be signed in the coming months. These are stressful COVID-19 times and no bill will ever be perfect, but some relief is on its way. 

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COVID-19: Senate passes the relief bill, now it’s in the House’s hands

(POLITICS) Many people heard that the Senate passed a relief bill, but don’t quite understand that it’s not a done deal. Now the House gets to add their input.



covid-19 relief bill

The House can’t seem to agree on the COVID-19 relief bill. Yesterday, the Senate and the White House came to an agreement on a $2 trillion economic stimulus package. Today, House Speaker Nancy Pelosi has publicly stated that the House will be reviewing the bill, but there is no commitment as to whether the bill will pass or not. The Hill reported that some House Democrats are concerned that they have not provided any input.

What’s in the measure?

According to CBS News, the actual text of the measure hasn’t been released, but they did get information from Minority Leader Chuck Schumer about some of the contents:

  • Expanded unemployment benefits to boost the maximum benefit and to give laid-off workers full pay for four months
  • Direct payments to individuals making less than $99,000
  • $130 billion for hospitals
  • $367 billion in loans for small business
  • $150 billion for state and local governments
  • $500 billion for large businesses
  • Creates an oversight board to govern large loans
  • Prohibitions to prevent President Trump and family from getting federal relief

Will the measure pass?

Pelosi has said that this relief bill is a big improvement over the Republican’s first proposal. It seems as if she is working hard to move the measure through the House, but given the current state of politics, it’s hard to believe that anything will be done without some debate. 

Many Democrats have pushed for a food stamp increase, which is not in the current measure. However, the Democrats did win on the oversight board that protects the employees of the companies who are getting loans. Money for states was another Democrat victory in the current measure.

If the bill can pass the House unanimously, lawmakers won’t have to vote on the floor.

If the House can’t agree, the House will need to reconvene and amend the Senate measure or pass their own measure.

Under the COVID-19 travel restrictions and quarantine issues, it might be difficult to get anything done quickly. The urgency is real, but so is the responsibility. Representatives want the money to do what Congress intends, not for CEO compensation or stock buyouts.

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