Mr. Potter and the State of Washington Legislate No Need for Original Note – Just Take the Land; Bye Bye

By Sidney Sullivan

washington flagThe history of Washington includes thousands of years of Native American history before Europeans and Americans arrived and began to establish territorial claims. The region was part of Oregon Territory from 1848 to 1853, after which it was separated from Oregon and established as Washington Territory. In 1889, Washington became the 42nd state of the United States – and was recently screwed by its own legislature. [Source: Wikipedia]

On Tuesday, March 19, 2013 the Washington SENATE FINANCIAL INSTITUTIONS, HOUSING & INSURANCE Committee met to discuss SB 1435, a law that excludes the need for the original promissory note – as a convenience to lenders, title insurance companies and the Washington Bankers Association – Mr. Potter Eliason.   

See the hearing HERE.

sb1435 hearingvideoThe discussion was obviously lopsided as the dialogue concerning the need for an original note was booted out of consideration as Stu Halsan representing the Washington Land Title Association made some pointed remarks that should have had legislators standing on their ears. Instead, the IBG-YBG Washington House and Senate passed the bill which became effective on July 28, 2013. 

sb1435 excerpt

Read the transcripts HERE.


Shelley Erickson, a business owner, along with a group of Washington residents and homeowners have been fighting bank foreclosure frauds, as well as other criminal behavior and have constructed a petition to repeal SB 1435. See and sign the petition HERE.

“SB 1435 was passed by the entire Washington Senate,” writes Erickson, “allowing mortgages to be re-conveyed without authentic notes and real parties of interest. This is against our constitutional property rights. What the measure enables is the laundering of ill-gotten gains, removing the ability to question as to whether or not it is stolen property – and of course negating the right of the person from which it was stolen to any legal remedy. These are the grounds on which I see it as unconstitutional. This amendment to RCW 61.24.110 which laid out a case for the lack of need (See RCW’s 61.24.020 and 61.16.020-.030) and alarmingly unconstitutional of the amendment, see reference (See Wash. Const. Art. IV Sec. 6). The amendment to RCW 61.24.110 causes the DTA to be unconstitutional.”

The petition continues:

Our forefathers wrote the US Constitution to:

Empowered Congress to protect intellectual property by authorizing copyright and patent laws (I-8-8).

* They granted Congress authority to punish piracy, a crime directed principally against property (I-8-10).

* They denied Congress and the states authority to pass ex post facto laws (I-9-3 and I-10), a ban that some of the Founders thought would protect property.

* When it became clear that the ban on ex post facto laws was not broad enough to protect property, they partially plugged the gap with the Fifth Amendment, which (1) prevented any person from being “deprived of . . . property, without due process of law” and (2) required compensation when “property [was] taken for public use.”

* They added a section (Article I, Section 10) with several provisions protecting financial assets against state governments.

* They granted the federal courts jurisdiction over interstate land claims and interstate debts to limit the extent to which state courts could discriminate against the property rights of out-of-staters (III-2-1 and III-2-2).

* They adopted the Fourth Amendment, which protected “persons, houses, papers, and effects” from unreasonable search and seizure.

* They added the Eighth Amendment, which barred excessive fines

* They also inserted a number of other checks and balances, designed partly to protect minorities from unfair property confiscations.

re-elect - think NOT!NOTE: . This bill now mistakenly passed by our Washington State Governor Inslee and the entire Washington State Senate in Olympia. This bill in general allows stolen property to be sold by thieves WITHOUT PROOF OF AUTHENTIC NOTES OR REAL PARTIES OF INTEREST.

Washington residents – please take the time to review the details and sign the petition – pass it along to your friends and family. Land is very valuable to you and your state – as Mark Twain once stated, “they’re not making any more of it.”

Please sign this petition and pass it along to friends and family. Sign HERE.


17 thoughts on “Mr. Potter and the State of Washington Legislate No Need for Original Note – Just Take the Land; Bye Bye

  1. What Washington needs is a horse’s rear end like me to file suit in federal court citing a key part of the 1st clause of Article I, Section 10 of the U.S. Constitution; “No State shall . . . pass any . . . law impairing the obligation of contracts.” The (promissory) Note is a contract & if you don’t have a written / signed contract you can’t enforce any provision of it. There’s a LOT of case law on that point & I’m quite sure the Washington State law would be overturned — might have to go all the way to the U.S. supreme Court (as other contract cases have), but that law can’t stand against the U.S. Constitution.

    • Art, Scott Stafne is building the foundation for this. Please see the mandamus he filed in July. It is on their website. This is being handled in phases. The first phase is to stop the non-judicial foreclosures for non-compliance of the DoTA. Then we will see to overturn the DoTA altogether as unconstitutional.

  2. This article brings out the truth that the native Americans had their land stolen and now the land is being stolen again from the people the thieves sold it to. A vicious cycle of pilfering and piracy, since the days of Caesar.

  3. This petition and blog post do not address the real problems with SHB 1435. Unless and until the homeowners understand what it is they are fighting, we will continue to be minimalized in this fight.

    This bill has nothing to do with the original note. The reason that Stu Halsan said what he said was in response to my testimony.

    Here are the real issues with this bill: This bill exposes that even the homeowners who have done NOTHING wrong are affected. Simply the fact that the title industry needed a bill to mandate reconveyance exposes this. However, if the homeowners will listen to my testimony, they may understand what this bill does.

    What this bill allows for is that six months after being paid, the “lenders” can object to reconveying the property by filing a document on title that says they object to reconveying the property. After the filing of this bank document on title, there is no recourse for the homeowner to get this property both reconveyed AND this document off title only by filing suit.

    What I said in testimony was, “If the title industry is having problems with reconveyance, then the legislature needs to look at the contract that is signed between the lender, the trustee and the GRANTOR (the borrower). And this contract in paragraph 23 mandates the original security instrument (DOT) and all notes evidencing the debt be submitted to the trustee PRIOR to reconveyance. That is why the title lobbyist, Stu, exploded with the words he said.

  4. This bill obviously enables stolen property to be reconveyed without authentic title. Stuarts statement that it is to help the homeowners (some of which are the thieves of the stolen houses) are having a difficult time selling their houses with fake mortgages. This is a veil over the real purpose. All homes stolen or not stolen can be reconveyed without authentic title and real parties of interest. Victims of fraud closure are so harmed by the economic harm,most can not afford the litigation it takes to undue this horrific crime not alone legislation being put in place to add to the harm. I am glad to see the Stafne firm getting involved to undo the unconstitution law in the State of Washington. yeah Scott.

  5. First, read Modern Money Mechanics by the Federal Reserve Bank of Chicago to find out that your “loan” is financed by your signature. We are under a federal bankruptcy folks! Public Law 73-10 has been in effect since 1933. Debt can only be discharged whereas there is no commodity backing the fiat system. Second, want to make a change? Get the Oaths of Office for all public officials in your State and compare to the state Constitutional Oath of Office. Once you do that, you will see that the offices have been usurped by criminals who are committing treason and ruining lives…

  6. From reading this story it would appear that Washington state has absolutely no problem with violating the law as it has stood for a very long time, both the common law of contracts, as well as the UCC, both of which require the original note to be brought forth by the foreclosing party in order to prove they have standing to even commence the action. It is the courts and the legislature who are violating the law here. Does the Legislature plan on writing new law to negate the state’s UCC statutes? I know, they are only going to enforce what is convenient for the banks, the judiciary, and of course the legislature itself. Think very hard about having recall votes !!

    • Our state politicians are totally corrupt for the most part. Marie Cantrell has joined with Elizabeth Warren, to pass the new Glass Steagal Act. Our Governor promised help for the homeowners, but we have seen no signs of help from him or our new AG. The past AG took funds from foreclosure firm Crabtree and NW Trustees’s he suddenly refunded when I exposed him and emailed him a copy of the exposure. Our attorneys in this state are being threatened by the bar if they just speak at clouded titles meetings or help the homeowners. Yes RECALLS and voting out all predator politicians and they are predators. The banks are predators.

  7. Pingback: STRIKE THREE: BANKS SHOULD BE OUT (of the foreclosure business) | LIBERTY ROAD MEDIA

  8. Pingback: State of Washington Legislate No Need for Original Note |


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