Declaration of Joseph M. Kaiser

Posted May 1st, 2009 by Joe Kaiser

INTRODUCTION

1. My name is Joseph M. Kaiser and I am one of the Defendants in this case. I make this declaration on the basis of personal knowledge except where specifically indicated or as indicated by the context to be on the basis of information and belief. I am competent to testify to the facts set forth herein.

PRELIMINARY STATEMENT

2. Plaintiff submits its bill for in excess of $800,000.00 and therein evidences its malicious prosecution against me.

STATEMENT OF FACTS

3. Demonstrating cost is of no consequence, Plaintiff confirms it has spent in excess of $800,000.00 of public funds in this litigation. Plaintiff’s 95 page costs bill is a virtual road map of the witch-hunt Plaintiff has employed to make a case where none exists.

4. Plaintiff requests costs for the time Assistant Attorney General James Sugarman spent tampering with witnesses. When Mr. Sugarman told Terry M., a person I rescued from foreclosure (transcript of the recorded interview is attached), that my other witnesses “were not people who supported his (my) position,” (5:25) and were actually “very angry” with me (6:1), that I say to keep “threatening and threatening” clients to get them “further into the hole until they just give up,” (13:24-25), that my transaction was “a loan” and that I “just didn’t say deed of trust,” (17:19-22), that Mr. M. was in “kind of an emotional state” where he “couldn’t hardly make decisions well,” (21:15-16), that Mr. M. basically gave his home away “for nothing,” (25:8) and “screwed up,” (49:19) that my transaction with him demonstrates “unconscionability” and is “not allowed,” (49:13), and that I was “evicting people left and right before we sued them,” (52:16), NONE OF WHICH IS TRUE, you have proof an out-of-control Office of the Washington State Attorney General is acting with utter contempt for the legal system.

CONCLUSION

5. Plaintiff is involved in a malicious prosecution, concocting a foreclosure rescue scam that never happened, and has needlessly spent hundreds of thousands of dollars of the public’s funds to secure a victory that would not be attainable otherwise. The facts do not support the allegations and the Court need merely look at my track record to see that no scam has taken place. There is no misery or suffering in my wake. There are only satisfied clients who were paid in full, as promised, and clients in their homes today who undoubtedly would have lost them to foreclosure. When securing a victory requires the Office of the Attorney General to spend public funds at a rate a drunken sailor could only aspire to, and terrorize my clients by demonizing me with lies and innuendo in so-called “interviews” that are clear acts of illegal witness tampering, there can be no disputing I am a victim of a malicious prosecution. I ask the Court to dismiss this lawsuit and sanction Plaintiff for its waste of public funds and illegal witness tampering.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.

Joseph M. Kaiser


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