Scam I Am

Posted March 24th, 2011 by Joe Kaiser

The Appellate Court of Washington, Division I, has issued its opinion in the matter of the State of Washington v. Joseph M. Kaiser, ruling in favor of the State on virtually all claims.

Click here to download PDF of the Court’s opinion

Among other things, it confirms the lower Court’s “findings of fact,” namely:

  • I victimized hundreds of sellers of real estate and stripped them of their equity when I purchased their properties.
  • I victimized dozens of families when I saved them from losing their homes in a foreclosure rescue scheme.

Banned for Life in Washington

It also confirms the lower Court’s decision to enjoin me from certain real estate activities, namely:

  • I am permanently banned from transacting with owners in any type of foreclosure.
  • I am permanently banned from transacting with former owners to recover overages from properties sold at tax sales.

Make No Mistake About it

Although there will be no more appeals and I have to live with this ruling, it in no way diminishes the real facts, namely:

  • Everyone with whom I transacted was paid in full, as agreed.
  • Everyone I rescued from foreclosure is in their home today and likely has as much if not more equity than ever.
  • A million dollars has been spent on a consumer protection case having exactly zero consumer complaints.

Escheating Tax Sale Overages

This was never about a foreclosure scam and I have no victims. Not one.

It is about RCW 84.64.080, escheating tax sale overages, and Washington counties upset we dared set foot on their turf.

I think the law says overage funds belong to former owners of tax foreclosed properties (the owner at the time of the sale), and in May of 2009, the Appellate Court of Washington, Division II, agreed.

We’re both wrong.

Turns out what RCW 84.64.080 really says, at least according to Washington County Treasurers, is until someone actually applies (and even after, in more cases the you can imagine)… those tax sale overages belong to them (and don’t you dare forget it).


Who’s Escheating Who?

The State refuses to say what prompted their investigation… and we know it wasn’t a consumer complaint.

That leaves only the counties and in all likelihood, Pierce County Deputy Prosecutor Robert Dick.

You can be sure the State knows that admitting their investigation was done at the behest of Washington counties confirms what I’ve been saying all along…

It’s a turf war.

And were it not for the fact that unclaimed tax sale overages eventually escheat to Washington counties, the case of The State of Washington vs. Joseph M. Kaiser never happens.


To My Friends…

Thank you for your support throughout this ordeal.

Battling the State of Washington and its Consumer Protection crazies has been tougher than I ever imagined, and the emails and phone calls and donations were and will always be appreciated.

May you never travel this path…

Joe Kaiser


17 Responses to: “Scam I Am”

  1. Drew responds:
    Posted: March 24th, 2011 at 9:20 pm

    That’s crap. Plain and simple.

    At least you’re not forbidden from real estate all together. I’m sure you’ll come back eventually and continue to be the most ethical and creative investor out there.

    -Drew

  2. Kathy responds:
    Posted: March 28th, 2011 at 1:04 pm

    A terrible injustice! Our court system does not work! Joe, all those of us that know you believe in your goodness, your compassion, and your intelligence. This is a travesty.

  3. Brad Crouch responds:
    Posted: March 28th, 2011 at 3:00 pm

    Joe,

    Sorry to hear about this. I really thought you’d win this thing, in the end.

    I guess that what you get, isn’t always what you deserve.

    Brad

  4. Chris responds:
    Posted: March 28th, 2011 at 6:02 pm

    The evils of tyranny are rarely seen but by him who resists it. Sorry to hear Joe.

  5. Greg responds:
    Posted: April 3rd, 2011 at 2:07 pm

    Joe, sorry to hear the news.

    Anyone who has taken the time to read your material and actually complete a real estate transaction knows WA is full of shit. Unfortunately (and predictably) the courts did not see it that way.

    I hope you land on your feet … good luck.

    Greg (NJ)

  6. jimi responds:
    Posted: April 4th, 2011 at 5:21 am

    Peace to you and yours Joe.

    Jimi

  7. Frank responds:
    Posted: April 4th, 2011 at 2:03 pm

    Joe – what are your plans now? Other than taking a much needed vacation do you plan to get back into real estate investing? Sadly this case has tainted your name and unfairly so. I wish you the best and I hope to read a recovery story here.

  8. Rene F. Perrin responds:
    Posted: April 5th, 2011 at 2:10 pm

    As they said in Alice’s Restaurant- a simple case of Blind Justice.

    Unbelievable!

    Rene

  9. Sean k responds:
    Posted: April 24th, 2011 at 11:28 am

    Joe…..I’m not sure if this is relevant or not , but maybe a move to a less liberal state is needed…..one that doesn’t punish success so much….if there is such a place…

    Best wishes……Sean

    Ps. Please keep us informed on your next venture…

  10. Tom Tuttle from Tacoma responds:
    Posted: May 6th, 2011 at 5:26 pm

    I’d say, “unbelievable”, but the America I grew up in has long since vanished. The system is corrupt now from the highest office (Constitution? I don’t need no stinking Constitution, I’m the King, uh, I mean, President, I’ll do whatever I want) on down to the local elected morons. 40 years ago you would have won this early on, but we are now living in a surreal nightmare.

    Joe, be proud, you are a great American, having the will to stand up for what is right. You were right, but ‘defeated’ by the insane people that are now running the asylum. They didn’t win, they cheated by ignoring the rules. That’s not a win. Take a break. Come back with a new business model they can’t touch. Great job of exposing the depth of their corruption. What a disgrace they are.
    Best regards.

  11. Warner Walker responds:
    Posted: May 30th, 2011 at 8:04 am

    Joe,

    Knowing you over the past decade and then some ,you will as an earlier post mentioned come back with a business model that is “bulletproof”. In the world of real estate investing your creativity and ethics in deal making is matched by none.

    Now that you have been thru this valley, its time to start climbing that mountain again and get back on top. I know you will and can’t wait to see and hear about it..

    Take care
    Warner(ATL)

  12. Jack Stivers responds:
    Posted: June 12th, 2011 at 7:05 am

    This sucks. No doubt you were railroaded and no doubt you were right. Too often, however, being right comes at a great cost.

    Best of luck.

  13. Ned Carey responds:
    Posted: July 4th, 2011 at 5:54 pm

    Joe,
    I am sorry to hear this, both for your sake and for the loss of justice in out society. I guess it is true; you can’t fight city hall – even if you are right. Joe I hope you can move past this quickly. We can’t change the past but we can make the future better.

  14. Tina responds:
    Posted: July 16th, 2011 at 4:31 pm

    Contact Randy Kelton, he has a radio program and website. He has discussed how the legal system can be used against corrupt cops, district, city, county attorneys, and judges. Quoting from his Juris-Imprudence, Kelton notes: “No official has any immunity from criminal prosecution. The power to take back control of the legal system lies in that simple realization. The real check to abuse of power has always been in the hands of the people, yours and mine.”

  15. Alex Gurevich responds:
    Posted: October 25th, 2011 at 3:32 pm

    Hey Joe,

    I know it feels pretty nasty right now. Hopefully, soon enough you’ll look at this as a turned page and have a good laugh. Take some time off and figure out something really smart to do next. I’m darn sure you will.

    Best,
    -Alex

  16. Marshall Adams responds:
    Posted: December 13th, 2011 at 6:48 pm

    Joe,

    So sorry to hear this, but I’m nowhere near surprised by the outcome. I’m a political news junkie and i follow it religiously daily. We now have government encroachment at just about all levels of our lives. To all those who think government has nothing to do with you and they won’t mess with your livelihood—think again. Once they reach into your world…well maybe then you’ll get the message.

  17. Daniel Loy responds:
    Posted: December 10th, 2014 at 4:29 pm

    Dear Mr. Kaiser,

    I hope you have recovered from your experience. You sound like someone that will persevere against any challenge thrown their way.


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