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.   

Continue reading

REMIC Armageddon on the Horizon?

explosionIt’s about time somebody recognized it.   and Brad Bordon posted a dynamic review of the most recent ‘slap down the banks’ cases of Saldivar and Erobobo and the potential impact on the [failed] REMIC tax shelters in REFinBlog.

David Reiss writes: “Brad Borden and I have warned that an unanticipated tax consequence of the sloppy mortgage origination practices that characterized the boom is that MBS pools may fail to qualify as REMICs.  This would have massively negative tax consequences for MBS investors and should trigger lawsuits against the professionals who structured these transactions. Courts deciding upstream and downstream cases have not focused on this issue because it is typically not relevant to the dispute between the parties. Continue reading