That Silly Constitution Thing

Posted August 5th, 2007 by Joe Kaiser

And stealing my money as a matter of convenience isn't much of an argument to be making.

Dear Rob,

Your office continues to argue that a property owner does not have the right to sell me his property.

And yes, that includes all interest in that property, including the right to create, claim and collect overage funds at tax sales.

I find this nothing less than incredible.


Motion for Summary Judgment

Do you realize this matter has been previously litigated?

Way back in 2003, in a case in Pierce County where we were represented by attorney Moe Birnbaum, prosecuting attorney Bob Dick argued that we did not have the right to claim overages as our own.

And while the seller had already agreed, in writing, that the funds were 100% ours, the county was determined to insert itself into the action to stake its own claim.

Not only that, Bob even suggested the reason for the confusing language of 84.64.080 isn’t so much about my right to collect the overage funds as much as it is for the convenience of the county.

He tried to make the argument that if investors got involved in buying out overage claims, it would become difficult and expensive for the county to determine the rightful owner of those funds when it came time to pay.

And he made the argument with a straight face.

Linked here is our response


That silly constitution thing

I think Moe sums things up quite well, pointing out that our rights as property owners have long been established both constitutionally as well as by Washington state law.

And stealing my money as a matter of convenience for the county isn’t much of an argument to be making.

And arguments to the contrary are unfounded (to say nothing about them being disingenuous, driven by an agenda (Save Our Overages) and little else).


The Ruling

How did it turn out in this case?

The judge ruled in our favor and told Bob to just give us our overage funds.

Bob, not to be outdone, then submitted a claim to the court, asking us to pay $4k for the time and trouble he expensed on behalf of the county in making this ridiculous argument.

Denied, of course.


The Law

At no time have I ever lost an overage related lawsuit, and I won’t lose this one, either. The law is clearly on my side.

The fact county prosecutors can twist and contort it to make it appear I am a “fraudster” doesn’t make it such.

It merely demonstrates the gullibility of your office.

And speaking of gullibility, apparently former AAG Cheryl Kringle not only knows more about real estate investing, tax foreclosures, and tax sale overages than Moe, she knows more than the judge deciding this case.

Good luck with that.

Respectfully,

Joe Kaiser


4 Responses to: “That Silly Constitution Thing”

  1. anemonehead responds:
    Posted: August 5th, 2007 at 1:48 pm

    Joe, I’m just glad that you wound up with a sensible judge in your previous case with Mr. Dick and hope you end up with the same this time and not one that likes to legislate from the bench.

    I see this as a property rights issue and you do have the law on your side.

  2. spyboy responds:
    Posted: August 5th, 2007 at 7:16 pm

    Greetings,

    Hey Joe ( that reminds me of a song ! ), can you post a copy ( or a link to ) of their Complaint in this matter ?

    Thank You.
    SpyBoy

  3. Davido responds:
    Posted: August 6th, 2007 at 1:14 am

    Congragulations on winning your complaint and getting paid! I second Spyboy’s request. The case would make excellent reading. Is it Pierce Co. v. Fiscal Dynamics?

  4. Davido responds:
    Posted: August 6th, 2007 at 1:15 am

    Just checked the link and got the case name.


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