Dear Mr. Foreclosure Mill Lawyer (FML for short to make sure that, like Bon Scott, we protect the guilty):
I am feeling the need to memorialize our conversation.
First of all, you said "we we" more than a drunken French chorus girl. Your "we" is you and your client, xxxxxx. The only "we" in this case should include my clients, xxxxxxxxxxx, since YOU AS TRUSTEE HAVE FIDUCIARY DUTIES TO THEM. Why does the "trust" in "trustee" not mean anything?
You are preparing to foreclose on a property you have been paid $205,000 on. A week ago, you told me this hadn't happened. Now I provide you proof, and you indicate that they need to pay more. I point out that I wrote your office months ago indicating that at that time we would have settled for the $205,000, and you tell me you didn't get it, and then have no explanation for why you got it and did not respond EVER. Your office obviously got this communication, as you were more than able to respond to my concern about the lack of appointment of successor trustee. By the way, I would love to see a copy of that document. Please forward it to me.
Your office then sent ex-parte communication to the xxxxxxxx on numerous occasions on behalf of the bank, xxxxxx.
Despite our multiple request, there has never been any documentation on:
- the location of the original note
- the assignments and allonges
- a history of transfers
- payment history
None of that. Zilch. Zero. Nada. Zip. These are clear duties of the trustee. You have not done any of them.
For a moment, let's get theoretical. Years ago, the Missouri legislature agreed to swap out JUDGES (judicial foreclosure) for TRUSTEES (non-judicial foreclosure). They gave them DUTIES. These duties were because they were standing between the bank and total bloody chaos, which is what we are experiencing today. Why? Because the trustees are HELPING the banks. That is not your role! You are supposed to make sure that the bank HAS A RIGHT TO FORECLOSE IN THE FIRST PLACE. This was different a hundred years ago when one bank would have held the paper the whole time, but now you have the equivalent of Escape From New York in every one of these bollixed-up files. Why is this so hard to understand?
Cancel the sale, Mr. FML. It is the ONLY thing you can do as trustee.
Sincerely,
Dale Wiley
