Appeal Filed Today

Posted November 30th, 2009 by Joe Kaiser

Dear Readers,

My attorney, David Corbett, filed our appeal today.

He did a wonderful job drafting the brief and I am delighted to have found a really great attorney to help me from here on out.

Here’s the brief: (1) Opening Brief, (2) Appendix to Brief

Fascinating stuff, for sure.

In the arena,

Joe Kaiser


9 Responses to: “Appeal Filed Today”

  1. Drew responds:
    Posted: December 6th, 2009 at 8:36 pm

    Joe I gotta say, I read all 60 pages and this guy is good. It looks good from my standpoint that you have a lot of legs to stand on. I just hope the eventual outcome compensates fairly.

    Drew

  2. Joe Kaiser responds:
    Posted: December 6th, 2009 at 9:42 pm

    Thanks Drew!

  3. chris responds:
    Posted: December 11th, 2009 at 11:16 am

    Good to see your still fighting back. Keep us posted.

  4. chris responds:
    Posted: December 18th, 2009 at 2:40 pm

    Must read;

    Homeowners often rejected under Obama’s loan plan:
    http://www.mcclatchydc.com/227/story/80867.html?storylink=omni_popular

    Excerpt:

    ”To date, more than 759,000 trial loan modifications have been started, but just 31,382 have been converted to permanent new loans. That’s averages out to 4 percent, far below the 75 percent conversion rate President Barack Obama has said he seeks.

    In the fine print of the form homeowners fill out to apply for Obama’s program, which lowers monthly payments for three months while the lender decides whether to provide permanent relief, borrowers must waive important notification rights.

    This clause allows banks to reject borrowers without any written notification and move straight to auctioning off their homes without any warning.

    That’s what happened to Evangelina Flores, the owner of a modest 902 square-foot home in Fontana, Calif. She completed a three-month trial modification, and made the last of the agreed upon monthly payments of $1,134.60 on Nov. 1. Her lawyer said that in late November, Central Mortgage Company told her that it would void her adjustable-rate mortgage, which had risen to a monthly sum above $2,000, and replace it with a fixed-rate mortgage.

    “The information they had given us is that she had qualified and that she would be getting her notice of modification in the first week of December,” said George Bosch, the legal administrator for the law firm of Edward Lopez and Rick Gaxiola, which is handling Flores’ case for free.

    Flores, 58, a self-employed child care worker, wired her December payment to Central Mortgage Company on Nov. 30, thinking that her prayers had been answered. A day later, there was a loud, aggressive knock on her door.

    Thinking a relative was playing a prank, she opened her front door to find two strangers handing her an eviction notice.”

  5. Warner Walker responds:
    Posted: March 6th, 2010 at 8:20 pm

    Hey Joe,

    Just finished reading your entire appeals response and it is nothing short of brilliant. Glad you are continuing the fight for not only yourself but for investors everywhere. Your attorney appears to be awesome…Great job and keep it going…

  6. Joe Kaiser responds:
    Posted: March 6th, 2010 at 9:26 pm

    Thanks Warner!

    Yes, my new attorney is great and I look forward to the appellate court bringing some sense to all this madness.

    Seeing just how far the State is willing to go to manufacture a consumer protection case out of NOTHING (not to mention blowing $1,000,000.00 of taxpayer funds) is staggering.

    I look forward to the outcome of the appeal. Figuring we’ll have the hearing early this summer and a decision a few months later.

    Joe

  7. Tom Tuttle from Tacoma responds:
    Posted: April 10th, 2010 at 11:34 pm

    Joe, read the entire thing, my compliments to your attorney, it’s an incredible piece of work.

    The alarming part is the unbelievable extent to which the court completely ignored the law… although it happens all too often. They very seldom get called out by anyone. Things just aren’t what they used to be in our beloved country, the trend has become for those in the government to pretty much ignore the law, the Constitution, and the will of the people, in favor of their own agenda… but that’s probably a rant for another blog.

    Again, best of luck, keep up the fight, we’re rooting for you. Thanks for taking a stand, it benefits everyone when people of character fight against injustice.

    You are going to win this.

  8. Joe Kaiser responds:
    Posted: April 10th, 2010 at 11:59 pm

    Thanks Tom. Yes, it has been a learning experience . . . certainly one I’d never have chosen on my own.

    I was at a seminar recently where Rob McKenna mentioned my case, talking about how he’s nailed me. He seems quite pleased with himself. I should have jumped out of my chair and called him the liar he is. He talks about having “establishing the facts,” which bothers me to no end.

    Their actions had nothing to do with establishing facts and everything with distorting the truth by twisting the facts. And when they were finished, nothing resembling the truth remained. Hard to blame the court for reaching the decisions they did . . . they were conned by the Office of the Washington State Attorney General.

    Rob likes to say his office doesn’t get involved unless consumers complain, yet he certainly got involved in my case without any complaints. And spending $1,000,000 of tax payer funds in an absurd “win at all costs” mentality that includes intimidating my witnesses and presenting questionable evidence to the court?

    No, that’s not prosecutorial misconduct (it is) . . . that’s just another day in the life of the Office of the Washington State Attorney General and his dim-witted henchmen.

    I’ve said it before and will say it again . . .

    We did 400 deals, paid everyone as agreed, and took wonderful care of all three dozen families with whom we partnered. No one could have treated them more fairly or compassionately, they’re all in their homes today (many years later), yet none of that matters when consumer protection crazies having no ethical boundaries decide right and wrong don’t matter.

    It’s changed my life, for sure. Dealing now with depression and dark thoughts, and doing all I can just to get by, it seems.

    I got sued last week and the complaint started by saying, “Mr. Kaiser is a known foreclosure rescue scammer with hundreds of victims in this state.” And that’s now my legacy. There’s obviously not a scintilla of true in that complaint, and yet there it is, in writing, as a direct result of the scam Rob McKenna and his staff were determined to pull off, no matter the cost.

    May they all rot in hell.

    With incredible power comes incredible responsibility. Rob McKenna has shown no such responsibility. In fact, he’s shown he believes the opposite to be true.

    Clearly, he believes he can do or say whatever he wants, even making things up out of thin air (he said on the radio that he’d received “multiple” complaints against me – knowing full well he’d received exactly none), because he has the power to do so, the power to “establish facts” at will . . . and that’s nothing short of reprehensible.

  9. Tom Tuttle from Tacoma responds:
    Posted: April 11th, 2010 at 12:40 am

    Joe, you may not recall, I’m a fellow local investor (well, actually working in another state now, too tough in WA), we’ve talked in the past, and I’ve been following this all along. (Believe it or not, unaware of your strategy, I was at one time developing pretty much the same concept, until I was sidetracked by other things and it got shelved… thank God, or I likely would have been in this same mess with you).

    I too have experienced the injustice in our court system, but not nearly to the extent you have. Mine involved a civil case in a county we all know well, and a new judge that had no relevant experience, and she seemingly had no knowledge of law or at least a disinterest in actual law and precedents. Not to mention the plaintiff that produced “witnesses” that were almost giddy in committing their perjury on the stand. Forced me into bankruptcy.

    The common thread here is that as an investor I was trying to help the opposing party, in this case, own a home they could not otherwise have ever gotten into. Like they say, “no good deed shall go unpunished”.

    You clearly did save people from losing a property and getting nothing, or even worse, literally being put out on the street… oh, I forgot, Rob said that would have been better for them…. …huh??

    It seems so very clear in your attorney’s brief that this is truly an outrage that cannot be swept under the rug. This needs the brightest possible white hot light shone upon it, forcing the guilty to scramble back under the rocks from whence they came.

    It is depressing that a single person or a small group of persons can literally destroy your life because of some half-baked idea or notion that’s basically way off center. Believe me, been there, done that, got the t-shirt.

    But I encourage you to think positive, this nightmare will be over soon, I believe you will prevail and can move on with your life. You are a winner, a survivor, and have more good things to accomplish. Don’t let them take you down, you know you are right and can stand tall.

    You wrote, “May they all rot in hell.”… I second that, but then must move on to more positive thoughts…

    As before, best of luck.


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