Petition for Writ of Certiorari — Christopher E. Larson, et ux., Petitioners v. Snohomish County, Washington, et al.

Supreme Court briefSep 6, 2022

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No. ___________

___________________________________________________________

In the

SUPREME COURT OF

THE UNITED STATES

CHRISTOPHER and ANGELA LARSON,

v.

Petitioners

SNOHOMISH COUNTY, et al.,

Respondents

On Petition for a Writ of Certiorari from

Washington Supreme Court

Case No. 100619-5

___________________________________________________________

PETITION FOR WRIT OF CERTIORARI

Scott E. Stafne, Counsel of Record

STAFNE LAW Advocacy & Consulting

239 N. Olympic Avenue

Arlington, WA 98223

360.403.8700

scott@stafnelaw.com

i

QUESTIONS PRESENTED

1.

Whether judges in Washington State must specifically address the judicial partiality claims actually asserted by the parties against judicial officers

and court staff in order to adjudicate whether such

claims are properly asserted pursuant to that Due

Process of law standard mandated by the Fourteenth

Amendment?

2.

Whether Washington State judges and judicial

officers are required to inform themselves about their

financial circumstances and disclose those circumstances to the parties when ruling on disqualification

challenges premised on the Fourteenth Amendment?

3.

Whether Washington State judges and judicial

officers must pursuant to the Fourteenth Amendment apply an objective standard to judicial neutrality challenges that requires recusal from a case when

the likelihood of bias on the part of the judge “is too

high to be constitutionally tolerable?”

ii

PARTIES TO THE PROCEEDINGS AND

RULE 29.6 DISCLOSURE STATEMENT

The Petitioners here, Christopher E. Larson

and his wife Angela Larson, were the plaintiffs in Larson v. Snohomish County, et al. The public defendants

they sued in this case are Snohomish County, a municipal subdivision of the State of Washington and

several of its officials including the Snohomish

County Auditor and Registrar, the Snohomish County

Superior Court Clerk, the Snohomish County Examiner of Titles and Legal Advisor to the Registrar, and

all of the Snohomish County Superior Court Judges.

Additional public defendants the Larsons sued in this

case included the State of Washington and its Governor and Attorney General. The private defendants in

this case included: Successors in interest and assigns

to New Century Mortgage Company, Mortgage Electronic Registrations Systems, Inc. (MERS), Deutsche

Bank National Trust Company in its own capacity,

Deutsche Bank National Trust Company as trustee

for Morgan Stanley ABS Capital 1 Inc. Trust 2007HE2 Mortgage Pass Through Certificates, Series

2007, Morgan Stanley ABS Capital I Inc. Trust 2007HE2 as the trust itself, Quality Loan Service Corporation of Washington (a Washington corporation purporting to act as the trustee for Deutsche Bank, the

purported beneficiary of the deed of trust (QLS), Select Portfolio Servicing, Inc. (a Utah corporation acting as the servicer for Deutsche Bank), and Mortgage

Electronic Recording System (a Delaware corporation

which claimed to be the beneficiary of the original

lender, i.e. the purported original lender which went

iii

bankrupt shortly after the deed of trust agreement

was executed.)

The Petitioners here were also the applicants

in the Torrens Title Application proceedings, i.e.

Christopher Larson v. New Century Mortgage Company. A copy of the Snohomish County Superior

Court’s order dismissing the Larsons’ Torrens Application is not reported, but a copy of it is reproduced at

Pet. App. pp.91a-93a. A copy of Judge Okrent’s order

denying the motion for his judicial disqualification is

not published, but is reproduced at Pet. App. pp.87a88a.

iv

RULE 29.6 DISCLOSURE STATEMENT

Christopher Larson and Angela Larson are

natural born persons, i.e. human beings. No corporate

or other entity has an ownership interest in either of

them. The Larsons have no knowledge as to the corporate or other structure of any of the public or private defendants.

v

RELATED PROCEEDINGS

There are no related proceedings. Washington’s

Torrens Land Title Registration Act was repealed as

of July 1, 2022.

vi

TABLE OF CONTENTS

QUESTIONS PRESENTED …………………………….i

PARTIES TO THE PROCEEDINGS …………………ii

RULE 29.6 DISCLOSURE STATEMENT …………..iv

RELATED PROCEEDINGS……………………………v

TABLE OF AUTHORITIES …………………………..vii

PETITION FOR A WRIT OF CERTIORARI ………...1

DECISIONS BELOW……………………………………1

JURISDICTION………………………………………….2

CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED ……………………………..3

STATEMENT …………………………………………….3

REASONS FOR GRANTING THE PETITION ……24

CONCLUSION ………………………………………….32

vii

TABLE OF AUTHORITIES

Federal Cases

Aetna Life Ins. Co. v. Lavoie,

475 U.S. 813, 822 (1986)………….………………..16

Bracy v. Gramley,

520 U.S. 899 (1997)…………………………………16

Cain v. White,

937 F.3d 336 (5th Cir. 2019)………………………19

Caliste v. Cantrell,

937 F.3d 525 (5th Cir. 2019)………………………19

Caperton v. A.T. Massey Coal Co.,

556 U.S. 868, 876 (2009)…………………………..16

Deutsche Bank Nat’l Tr. Co. v. Williams,

No. 11-00632 JMS/RLP, 2012 U.S. Dist. LEXIS

43968 at *8 (D. Haw. Mar. 29, 2012)……………30

Gibson v. Berryhill,

411 U.S. 564, 578-79 (1973)…………………………..16

Greenlaw v. United States,

554 U.S. 237, 128 S. Ct. 2559 (2008) …………….31

Hymas v. Deutsche Bank Nat’l Tr. Co.,

No. 2:13-cv-1869-RCJ-GWF, 2013 U.S.

Dist. LEXIS 179164 (D. Nev. Dec. 16, 2013) …..29

In re Murchison,

349 U.S. 133, 136 (1955) …………………………..16

Rippo v. Baker,

137 S. Ct. 905 (2017) ………………………………16

Ross v. Deutsche Bank Nat’l Tr. Co.,

933 F. Supp. 2d 225, 230-32 (D. Mass. 2013) ….29

Tumey v. Ohio,

273 U.S. 510 (1927) ………………………………...16

United States v. Sineneng-Smith,

140 S. Ct. 1575, 1579 (2020) ………………………31

viii

Ward v. Monroeville,

409 U.S. 57 (1972)……………………………..16

Williams v. Pennsylvania,

136 S. Ct. 1899 (2016)……………………………..16

Constitutional and Statutory Provisions

Involved

Fourteenth Amendment……………………….3, 20, 23

Wash. Const. art IV……………………………………20

Federal Statutes

State Cases

Bain v. Metro. Mortg. Grp., Inc.,

175 Wn.2d 83, 285 P.3d 34 (2012)…...…………..20

Dilibero v. Mortg. Elec. Registration Sys.,

108 A.3d 1013 (R.I. 2015)………………………9, 29

Deutsche Bank Nat’l Tr. Co. v. Tanibajeva,

2015 NY Slip Op 07230, ¶ 1, 132 A.D.3d 430,

431, 17 N.Y.S.3d 399, 400-01

(App. Div. 2015) …………………………………..29

New Century Mortg. Corp. v. Braxton,

18 LCR 36 (Mass. Land Ct. 2010) ……………….30

Yvanova v. New Century Mortg. Corp.,

62 Cal. 4th 919, 199 Cal. Rptr. 3d 66, 365 P.3d

845 (2016) ………………………………………10, 30

State Statutes

Wash. Rev. Code § 2.12.06018

Wash. Rev. Code § 2.28.030….……………….3, 20, 23

Wash Rev. Code Chapter 43.33….…………………..14

Wash. Rev. Code Chapter 65.12………….…..3, 15, 18

Wash Rev. Code Chapter 61.24…………………..4, 23

Court Rules

Other

Hamilton, A.,

Federalist Paper No. 78 (1788)………….………. 31

ix

Madison, J.,

Federalist Paper No. 51 (February 8, 1788)…..24

Washington State Civil Legal Needs Study Update

(2015)……………………………………………………24

1

PETITION FOR WRIT OF CERTIORARI

Christopher Larson and his wife Angela Larson, Appellants below, petition for a writ of certiorari

to review the judgment of the Court of Appeals in Larson v. Snohomish Cty., 20 Wn. App. 2d 243, 499 P.3d

957 (2021), which resolved two linked appeals: Christopher Larson et al., v. New Century Mortgage et al.,

and Larson v. Snohomish County, et al.

DECISIONS BELOW

The June 8, 2022 Orders of the Washington Supreme Court denying review of the judicial neutrality

issues raised in the proceedings below is not reported,

but is reproduced at Petition Appendix (Pet. App.) pp.

4a-7a.

The decision of Division One of the Court of Appeals for the State of Washington (Court of Appeals)

denying the Larsons’ challenges to judges adjudicating the underlying cases because the interests of

judges and other government workers in the outcome

of such foreclosure cases precludes them from doing

so is published at Larson v. Snohomish Cty., 20 Wn.

App. 2d 243, 499 P.3d 957 (2021). That published decision can be found at Pet. App. pp. 8a-64a.

The Order of the Superior Court of Skagit

County denying Larsons’ first judicial disqualification

motion and granting Snohomish County’s motion to

dismiss Snohomish County, its officials and superior

court judges from the Larsons’ lawsuit without prejudice in Larson v. Snohomish County, et. al. and transferring the venue of that case to the Snohomish

County Superior Court is not published, but is

2

reproduced at Pet. App. pp. 81a-83a. See also Pet.

App. 73a-74a (Minutes of Court Proceedings).

The judicially-generated documents evidencing

the disqualification of all Snohomish County Superior

Court Judges and Commissioners from adjudicating

Larson v. Snohomish County, et al., is not published,

but those documents are reproduced at Pet. App. pp.

84a-86a.

The Order of Skagit County Superior Court

Judge David Svaren now acting as a pro tempore

Snohomish County Superior Court Judge denying the

Larsons’ second challenge to his judicial neutrality in

Larson v. Snohomish County and granting private defendants’ motion for summary judgment is not published, but is reproduced at Pet. App. pp. 65a-68a.

The Order of Snohomish County Judge Richard

T. Okrent dismissing the Larsons’ Land Title Registration Application is not published, but is reproduced

at Pet. App. 91a-96a. The Order of Snohomish County

Superior Court Judge Okrent denying the Larsons’

disqualification motion is not published, but is reproduced at Pet. App. 87a-90a.

JURISDICTION

The Supreme Court of Washington denied discretionary review of the Washington Court of Appeals

decision affirming the Superior Court’s grant of summary judgment in favor of private defendants on June

8, 2022. See Pet. App. pp. 4a-7a. Accordingly, Larsons’

Petition for Certiorari is being timely filed within this

Court’s 90-day filing period and jurisdiction is being

invoked pursuant 28 U.S.C. § 2101(c).

3

CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED

This case is based on Separation of Powers and

Due Process of Law principles which require the exercise of governmental judicial power to be performed

by adjudicators who are -- and appear to be -- neutral

as between the parties to a dispute. The text of Article

III, §§ 1 and 2, and the text of the Fourteenth Amendment underlying these judicial neutrality principles

are set forth in the Pet. App. at p. 120a. Additionally,

this case is based on Revised Code of Washington

2.28.030(2) which established these same judicial

neutrality principles as the law of Washington State

in 1891. That statute is reproduced at Pet. App. p.

121a. Selected provisions of the Torrens Land Title

Registration Act, including those the Snohomish and

Skagit County Superior Court judges violated are reproduced at Pet. App. 122a-128a.

STATEMENT

Threatened with a nonjudicial foreclosure of

their home in 2018 by Quality Loan Service Corporation of Washington (QLC) on behalf of Deutsche Bank

purportedly acting as a trustee of a 2007 Morgan

Stanley Trust seeking to enforce a deed of trust purportedly assigned to it by a New Century lender

(which had long been bankrupt), Petitioner Larsons

filed a Torrens Title Application to register title to

their homestead property pursuant to Chapter 65.12

of the Revised Code of Washington with the

Snohomish County Superior Court on June 5,

2018. This judicial application was filed before QLS,

4

the trustee for the purported beneficiary, Deutsche

Bank, had sold their home.

When Snohomish County and its officials failed

to take those statutory steps necessary to process the

Larson’s title “registration” application, the Larsons

sued Snohomish County and several of its officials—

including Snohomish County Superior Court’s judges

and that county’s court clerk—for noncompliance with

their ministerial duties under that law before QLS

conducted a nonjudicial sale of their home pursuant to the Washington Deeds of Trust Act, Chapter

61.24 Revised Code of Washington. In their complaint, the Larsons alleged these government officials'

noncompliance with their duties under that statute

had prevented the Larsons from accessing Washington’s land registration process to register title to their

home in a way that it could not be stolen from them

by way of the title fraud, which they claimed was being used to steal this property from their family.

In their complaint, the Larsons alleged, among

other things, that New Century had engaged in criminal activities with regard to its subprime lending

business and that it had not funded many of the loans

that it had purportedly closed. Specifically, the Larsons contended New Century had never funded their

mortgage loan. Pertinent allegations of their complaint in this regard included allegations regarding

the demise of the New Century loan entities:

3.45 Loans had begun to slow in the second half of 2006, when New Century

Mortgage Company purportedly funded

Plaintiffs’ loan. In the spring of 2007,

New Century went into a "death spiral".

On March 8, 2007 New Century

5

announced it would stop accepting loan

applications. Four days later trading of

its stock on the NYSE was halted.

3.46 On March 2, 2007, New Century

announced it was the subject of two criminal probes by the federal government,

and that it's auditor KPMG had worries

about the company's ability to stay solvent. Over the subsequent week, the

company lost 78% of its stock value.

3.47 In early March 2007 New Century

reported that it had failed to meet financial requirements of its lenders.

3.48 On March 13, 2007, New Century

Financial Corporation reported in a regulatory filing that it had received a grand

jury subpoena from the U.S. Attorney's

Office for the Central District of California as well as a letter from the Securities

and Exchange Commission notifying the

company of a preliminary investigation.

The filing stated that the U.S. Attorney's

office indicated in a letter dated February 28, 2007 that it was conducting a

criminal inquiry in connection with trading in the company's securities as well as

accounting errors regarding the company's allowance for repurchase losses. The

filing further stated that the Securities

and Exchange Commission requested a

meeting with the company to discuss the

6

company's previous announcement that

it would restate certain financial statements.

3.49 On March 20, 2007, New Century

Financial Corporation said that it could

no longer sell mortgage loans to Fannie

Mae or act as the primary servicer of

mortgage loans for the government sponsored enterprise. In a filing with the Securities and Exchange Commission, New

Century Financial Corporation said that

Fannie Mae terminated "for cause" a

mortgage selling and servicing contract

with it citing alleged breaches of that

contract and others.

3.50 Also in March, 2007 New Century

Financial Corporation received cease

and desist orders from several states, including Washington. On March 16, 2007

New Century Mortgage Company and

other related entities signed an agreed

order with the Washington State

Department of Financial Institutions

(DFI), which agreed that DFI:

has authority pursuant to RCW

31.04.093(5) to issue an order directing

Respondents to:

1. Cease and desist from conducting

business in a manner that is injurious

to the public,

7

2. Take such affirmative action as is

necessary to comply with the [Washington Consumer Loan] Act, and

3. Make restitution to any borrower or

other person who is damaged as a result of the violation of the Act.

Statement of Fact. It is AGREED that

this Order is based on the following stipulated facts:

1. New Century Mortgage Corp. is a subsidiary of New Century Financial Corporation …. It is licensed in Washington as

a consumer loan company under license

no. 17969.

*

*

*

5. New Century Financial Corporation

does not have sufficient warehouse lines

of credit to fund loans that Respondents

closed or intended to close with Washington Consumers.

6. The stock of New Century Financial

Corporation has dropped considerably

and all trading of the stock has been

suspended by the New York Stock Exchange.

7. Respondents presently have closed

and unfunded loans outstanding for

Washington Consumers.

The Larsons also alleged in their initial complaint filed in Larson v. Snohomish County et al. that

defendant MERS did not have the authority to assign

New Century’s beneficiary status under Larson’s

Deed of Trust to Deutsche Bank or anyone else. In this

regard, their complaint alleged that their lender, New

8

Century, had filed for bankruptcy and terminated its

agency relationship with MERS. Specifically, the Larsons’ complaint alleged in this regard:

3.52 On April 2, 2007, New Century Financial Corporation and its related entities (including New Century Mortgage

Company) filed voluntary petitions for

relief under Chapter 11 of the United

States Bankruptcy Code in the United

States Bankruptcy Court, District of

Delaware located in Wilmington, Delaware.

3.53 On April 27, 2007 the bankruptcy

court issued an Order titled: “ORDER

PURSUANT TO SECTIONS 356 AND

554 OF THE THE BANKRUPTCY

CODE (A) AUTHORIZING AND

APPROVING THE REJECTION OF

CERTAIN

LEASES

OF

NONRESIDENTIAL REAL PROPERTY

AND

(B)

AUTHORIZING

AND

APPROVING PROCEDURES FOR THE

REJECTION

OF

EXECUTORY

CONTRACTS

AND

UNEXPIRED

LEASES OF PERSONAL AND NONRESIDENTIAL REAL PROPERTY.”

3.54 In October 2007 MERS, in violation of the fiduciary duty it owed to New

Century Mortgage Company as its nominee and agent, began a non-judicial

foreclosure of Plaintiffs home. This nonjudicial foreclosure was void ab initio because MERS had no authority to act as

the “beneficiary” for the actual lender,

9

which was bankrupt and obliged to follow federal bankruptcy law. Further,

MERS had no authority to act as the

“beneficiary” because it never held the

note and pursuant to express language

in the deed of trust only held legal title

in the deed of trust security agreement.

3.55 On March 19, 2008 the debtor

filed a notice of rejection of its executory

contract with MERS.

3.56 On April 6, 2008, New Century Financial and its subsidiaries, including

New Century Mortgage, filed notice of an

agreement establishing the New Century Liquidating Trust (the "Liquidating

Trust") with the Bankruptcy Court.

3.57 On July 15, 2008 the Bankruptcy

Court confirmed the liquidation plan of

New Century Financial and its subsidiaries, including subsidiary New Century

Mortgage Company. Pursuant to the

plan, all assets of the debtors vested in

the Liquidating Trust effective July 15,

2008. The plan also excluded the debtors

(including New Century Mortgage Company) from any further interest in the

assets or the trust subsequent to the liquidation.

3.58 Because New Century's MERS

membership was terminated, MERS was

prohibited from continuing to act as its

nominee or agent. Accordingly, MERS

lacked the authority to assign the deed

of trust to Defendant Deutsche Bank

10

National Trust Company in the 2010 recorded document. On information and belief this false assignment would likely

not be registered under an operational

Torrens System.

3.59 When New Century filed its rejection of the executory contract with

MERS, the contract was breached and

New Century’s relationship with MERS

was terminated. Thus, the subsequent

assignment of the deed of trust executed

by MERS was void ab initio because the

assignor, MERS, had nothing to assign.

3.60 This analysis of MERS lack of authority to assign New Century liens after

March 19, 2008 has prevailed in several

courts and should prevail before the Title Examiner, who will be required to review and analyze all those documents

related to the bankruptcy proceedings

and securitizations in order to determine

whether MERS had the authority to assign anything to Deutsche Bank as trustee or otherwise. See e.g. Yvanova v. New

Century Mortg. Corp., 62 Cal. 4th 919,

199 Cal. Rptr. 3d 66, 365 P.3d 845

(2016); Dilibero v. Mortg. Elec. Registration Sys., 108 A.3d 1013, 1016-17 (R.I.

2015); Cf. Ross v. Deutsche Bank Nat'l

Tr. Co., 933 F. Supp. 2d 225, 228-29 (D.

Mass. 2013).(“The Court thus concludes

that the Rosses have pleaded a plausible

claim that the Mortgage and the Note

were part of the bankruptcy estate

11

conveyed to the Liquidating Trust under

the confirmation plan.” Id. at 232.)

When the Larsons began preparation of their

complaint in Larson v. Snohomish County, they suspected that many counties in Washington State were

not complying with the Torrens Land Title Registration Act. Therefore, the Larsons included a prayer for

relief in their Complaint in that case which was filed

with the Skagit County Superior Court in hopes of obtaining a neutral judge, which requested:

recusal of all superior court judges in

any county which has failed to comply

with the provisions of the Torrens Act

and/or whom are in a similar position to

these Snohomish County judicial defendants with regards to the issues being

raised in this litigation; i.e.,superior

court judges whose acts and omissions

have prevented landowners within their

respective county from availing themselves of the protections afforded persons

with interests in land by the public and

transparent land registration system established by the Torrens Act.

When the Larsons confirmed that Skagit

County, like Snohomish County did not have an operating land registration system—and the Skagit

County Judges were not complying with Washington’s

Torrens statute in the same way as the Snohomish

County Judges -- the Larsons filed an affidavit of prejudice which asserted that disqualification of Skagit

County Judges was required because the Skagit

12

County judges would be interested in how this case

was resolved as to other judges all of whom were engaging in the same arguably illegal conduct.

Before ruling favorably on dispositive motions

filed by Snohomish County and the State of Washington against the Larsons, Skagit County Superior

Court Judge David Svaren acknowledged the Larsons’

disqualification motion but ruled that he would not

disqualify himself. In this regard, Judge Svaren did

not address the Larsons’ challenge that Skagit

County judges were violating the Torrens Act in the

same way as Snohomish County judges were and

thereby preventing land owners in both counties from

“registering” their land titles.

After denying the Larsons’ disqualification

challenge against him, Judge Svaren then dismissed

Snohomish County, its officials and judges, and

Washington State, and its officials, as defendants

from the Larsons’ lawsuit without prejudice. Judge

Svaren then granted Snohomish County’s motion to

transfer the venue back to Snohomish County Superior Court, notwithstanding that all of its superior

court judges were named personally as defendants in

the Larsons’ lawsuit against Snohomish County.

Pleadings filed with the Clerk of the Skagit

County Superior Court which were required to be

transferred to the Snohomish County Superior Court

as a result of the venue transfer were lost in the transfer process. The Larsons question whether the loss of

these documents by the Defendant Clerk of Court was

intentional and assert that defendant Snohomish

County Superior Court Clerk’s failure to file several

other documents later in the case supports this contention.

13

After the Snohomish County case was transferred by Judge Svaren to the Snohomish County

Court, Defendants Deutsche Bank (purportedly as

trustee for the 2007 Morgan Stanley Trust which

claimed to own Larsons’ Deed of Trust), SPS (the servicer), and MERS (the entity which purportedly assigned the Deed of Trust to Deutsche Bank) moved for

summary judgment. Before that dispositive motion

could be heard, however, the Presiding Judge of the

Snohomish County Superior Court issued an Order

disqualifying all judicial officers in the Snohomish

County Superior Court (both judges and commissioners) from adjudicating the Larsons’ case against the

remaining defendants, which included QLS, Deutsche

Bank, MERS, and Select Portfolio Servicing. Pet. App.

pp. 84a-86a

As part of that same judicial disqualification

process, the Presiding Judge of the Snohomish

County Superior Court appointed Skagit County Superior Court Judge Svaren (the same judge as had

been adjudicating this case in the Skagit County

Court) to act as a judge pro tempore in the Snohomish

County Superior Court for purposes of completing the

adjudication. Id. The Presiding Judge apparently

made this appointment without considering that

Judge Svaren and the entire Skagit County Superior

Court bench, like the Snohomish County Superior

Court bench, were all violating the Torrens Act in precisely the same way as were the Snohomish County

Superior Court judges, thus allowing Judge Svaren to

exonerate his own improper conduct by siding with

his fellow judges in Snohomish County.

Following Judge Svaren’s appointment as a pro

tempore judge by the Snohomish County Presiding

14

Judge, the Larsons asserted two additional grounds

for Judge Svaren’s recusal as the newly appointed pro

tempore judge. First, the Larsons argued Judge

Svaren should be recused because of his personal interest in deciding the case against the Snohomish

County judges in such a way as to not convict himself

and his other Skagit County judges of violations of

their own same ministerial duties.

Secondly, the Larsons challenged that changes

in Washington law occurring in or around 2006-07

(just before the subprime mortgage crash blossomed

in full bloom for everyone to see) were designed to incentivize judicial decision-making in favor of enforcing mortgage-backed securities by way of easy-toobtain foreclosures, which are not consistent with

weighing the equities between the parties in cases

such as this one.

The Larsons claimed the political branches

purposely created this incentive for judicial decisionmaking in favor of money lenders and debt buyers by

enacting a law which pooled the retirement funds of

all Washington’s state and municipal public officials

(including judges) into common profit-based investment funds managed by the Washington State Investment Board (WSIB). The WSIB is an agency of the

Executive Branch of Washington State. See Revised

Code of Washington Ch. 43.33 RCW.

The Larsons challenged that the political

branches of Washington’s state government had enacted these laws to incentivize judges to decide obviously upcoming legal issues involving mortgagebacked securities in favor of their fellow government

employees, banks, and debt buyers by giving judges

the same economic stake these entities had in

15

determining how these issues were decided. Further,

the Larsons demonstrated that WSIB was using State

Street Bank, one of the first of the big bank entities to

admit to selling low-value subprime mortgages and

mortgage-backed securities to investors by falsifying

their value so that it could make a profit on these investments as its investment partner. In this regard,

the Larsons request that this Court take judicial notice of SEC’s February 11, 2012, Cease and Desist Order to establish the nature and extent of State Street

Bank’s admitted wrongdoing. This Order is accessible

on the SEC’s government website.1

After Judge Svaren granted the private defendants’ Motion for Summary Judgment, Judge

Svaren turned briefly to the Larsons’ second recusal

challenges to his acting as a pro tempore judge. Once

again Judge Pro Tempore Svaren ignored the Larsons’ challenges that his undisputed interests in this

case was too high to be constitutionally tolerable because (1) he and the other Skagit County Superior

Court judges had not complied with the ministerial

duties imposed on them by Revised Code of Washington provisions 65.12.050, 65.12.055, 65.12.090 and

therefore had failed to comply with this law in precisely the same way as had the Snohomish County

Judges; and (2) he refused to consider whether the

economic interest he and other Washington State

judges and judicial officers and employees were given

by law in mortgage and mortgage-backed securities

investments was too high to be constitutionally tolerable.

_______________

1 Accessible

9107.pdf

at: https://www.sec.gov/litigation/admin/2010/33-

16

Here’s precisely what Judge Svaren said when

he refused to consider the Larson’ challenges to his

neutrality in acting as a judge in this matter:

THE COURT: . . . Bottom line, motions

for summary judgment are granted. * * *

I haven’t addressed in my oral comments

the request that was brought to have me

disqualify myself. That request is denied. I don’t have a dog in this fight.

But it is Larsons’ position that Judge Svaren

did have a “dog” in this fight because he benefits economically when mortgage-backed securities can be

foreclosed upon without any meaningful consideration of the equities in doing so. The Larsons contend

that this Court’s precedent establishes that the

United States Constitution requires that judicial

power be exercised by judges who do not have a personal stake in the outcome of litigation. See e.g., Rippo

v. Baker, 137 S. Ct. 905 (2017); Williams v. Pennsylvania, 136 S. Ct. 1899 (2016); Caperton v. A.T. Massey

Coal Co., 556 U.S. 868, 876 (2009); Bracy v. Gramley,

520 U.S. 899 (1997); Aetna Life Ins. Co. v. Lavoie, 475

U.S. 813, 822 (1986); Gibson v. Berryhill, 411 U.S.

564, 578-79 (1973); Ward v. Monroeville, 409 U.S. 57

(1972); In re Murchison, 349 U.S. 133, 136 (1955); Tumey v. Ohio, 273 U.S. 510 (1927).

And the Larsons assert that it is especially essential that judges in these United States directly address challenges that parties assert regarding judges’

neutrality in cases like this one where there is evidence in the record which demonstrates (1) the judges

17

being challenged have a personal stake in resolving

questions about their conduct in a way which exonerates judges; (2) the judges and other government

workers benefit economically from judicial decisionmaking favoring one of the parties; and (3) the judicial

branch of government, through its judges and court

staff, have rigged the outcome of judicial decisionmaking by unfairly manipulating the evidence judges

are allowed to consider.

With regard to this last point, the Larsons argued to the Washington Supreme Court in their Petition for Discretionary Review:

But it is the Court of Appeals’

judges, not Larsons, who appear to

have their facts wrong. The Larsons set

forth facts and arguments with regard

to the judicial neutrality issues they

advanced in so many pleadings it is difficult to believe the Panel could have

overlooked them. Those pleadings submitted directly to the Court of Appeals

in this regard include without limitation: App. 82-84 (Motion to Reconsider); 132-138; 140-144; 186-189; - p. 4

of 9.6.

*

*

*

The Larsons produced evidence

(some of it coming directly from

Skagit County) which demonstrated

that Skagit County Judges (which included Judge Svaren) had not complied with their responsibilities under

18

Chapter 65.12 RCW in exactly the

same way Snohomish County Judges

had ignored their duties. See CP

3468–522, and specifically the correspondence from Skagit County to Anderson at CP 3479 (Skagit County

Clerk stating: “I spoke with the

Skagit County Auditor, Jeanne

Youngquist about this matter. The

Torrens Act was used in this County

in the 1800’s and early 1900’s to register lands. The Auditor’s office does

not have any records on site regarding the Land Registration Docket. . . .

Currently the process entitles the recording of a Deed for lands.” (Emphasis Supplied). See also email at

3522.

Certainly, the Court of Appeals

judges (as well as all of this State’s

superior court judges) knew or should

have known that Washington's political branches changed judges’ retirement benefits from being guaranteed

by the State (i.e. benefits which were

paid to judges regardless of the consequences of their judicial decisionmaking) to being paid from the pooled

retirement investments of all government workers being managed by

WSIB, an Executive Branch agency

in 2006, and if that didn’t work, then

directly from the taxpayers. See RCW

2.12.060.

19

And the Larsons did present evidence that WSIB, the entity that was

managing Washington judges’ retirement funds, was partnered up with

State Street Corporation, an entity

WSIB identified as its agent and

counterparty for securities lending

transactions. CP 1033. The Larsons

also submitted evidence demonstrating that while State Street was helping WSIB manage judges’ retirement

accounts the Securities and Exchange

Commission issued a Cease and Desist Order against it in 2010 which

charged that in 2007 State Street was

misleading some investors about the

value of the mortgage-backed securities it was selling them. CP 272–75.

The Larsons complained that

WSIB’s maintenance of a relationship

with State Street after 2010 was “not

consistent with administering a trust

fund for judges who were . . . tasked

with adjudicating the legal consequences of these same type of bank

frauds.” CP 274.13 Further, the Larsons alleged this forced alliance between government workers, judges,

money lenders and debt buyers imposed by state law created federal

Due Process problems, citing Cain v.

White, 937 F.3d 336 (5th Cir. 2019)

and Caliste v. Cantrell, 937 F.3d 525

(5th Cir. 2019).

20

Although the Court of Appeals

judges claim otherwise, it is patently

obvious that the law applicable to

mortgage-backed

securities

and

MERS’ private registration alternative to Washington’s Torrens title

public registration system was not

settled in 2006 at the time these

changes were made lumping judges’

interests in these type of investments

with those of other government workers. See e.g., Bain v. Metro. Mortg.

Grp., Inc., 175 Wn.2d 83, 285 P.3d 34

(2012).

Reasonable people, who are not

economically interested in these retirement funds, understand that if

judges had decided against the enforceability of these types of subprime

mortgages and mortgage-backed securities through foreclosures after

2007 the value of judges’ and other

government workers’ retirement accounts would have declined appreciably. And this is the type of pecuniary

interest which must be evaluated to

determine whether the Fourteenth

Amendment, Wash. Const. art IV,

and RCW 2.28.030 require recusal.

Additional evidence of partiality

by these judicial officers/judges and

the Snohomish County and Skagit

County courts in the record includes:

21

a) Both Snohomish and Skagit

County officials (including all of their

superior court judges and specifically

including Judges Svaren and Okrent)

failed to perform those statutory duties required of them to set up title

registration systems in their counties. And the Court of Appeals outright admits this in its decisions:

“And by the time Judge Okrent dismissed the Larsons' Torrens Act petition, the county had rectified the

procedural issues the Larsons had

raised in their Skagit County lawsuit.”

b) The record before the Court of

Appeals contains evidence of partiality by the Snohomish County Court

Clerk. As is stated above the retirement funds of the Clerk and her staff

(who are government workers) are

also invested in mortgages and mortgage-backed securities, the value of

which has been mostly determined by

judicial decision-making occurring after 2007.

c) The most serious misconduct

brought directly to the Court of Appeals attention was the Clerk’s apparent manipulation of the court

record, including the failure to file a

declaration offered by a Washington

State official in opposition to private

Defendants’ Motion for Summary

22

Judgment. See supra. Other misconduct included making false statements in the Clerk’s certification of

records from the Skagit County Court

to the Snohomish County Court. See

e.g., App. 114-5, 166-171.

d) Still more evidence of misconduct by Judge Svaren, the Snohomish

County Clerk, Deutsche Bank, and

MERS is that following the Larsons’

Motion to Reconsider the Summary

Judgment Order for not identifying

the evidence the Court relied upon,

compare CP 4–9 with 29–32, Judge

Svaren signed an Order prepared by

Deutsche Bank and MERS which

failed to reference virtually any of the

evidence the Larsons filed with the

Snohomish County Superior Court

Clerk in the Snohomish County Case

in opposition to the summary judgment. See e.g., McDermott declaration at CP 989–1171, which included

exhibits documenting WSIB’s investments relating to public workers’ (including judges’), retirement accounts

had invested in mortgages and mortgage-backed securities,14 which was

not considered by Judge Svaren. CP

31. See also Stafne Declaration in Opposition to Summary Judgment

which Judge Svaren indicates at CP

39 was not considered, notwithstanding the Order prepared by Deutsche

23

Bank and MERS and signed by Judge

Svaren provides no basis for excluding this declaration, which included

11 exhibits, including Exhibit 2, public and historical documents, which

the Clerk failed to include as part of

the record CP 1443–1444, ¶ 3; Exhibit

3, various iterations of Washington’s

Deeds of Trust Act, Chapter 61.24

RCW, those parts of this exhibit

which clerk filed appear at 2001–

2239; Exhibit 4 depositions of Michael Maynes, at CP 1417–1429,

1917– 29, the Honorable Judge

Monty J. Cobb, at CP 2457–94; Richard Beresford, at 2510-33; and the

three depositions of Jeffrey Stenman,

at CP 2242–67, 2272–368, and 2373–

448; Exhibit 5, New Century Consent

decree at CP 2534– 2540; Exhibit 6,

New Century Bankruptcy documents

at CP 2541–2551; and etc., i.e. Exhibits 7–11, at CP 2552–2596.15

The Larsons assert that this type of misconduct by the Court through its judges and

staff, which prevented the Larsons from presenting their case based on a record capable

of appellate review because of misconduct, is

not consistent with the legitimate exercise of

judicial power under Wash. Const art. IV or

Due Process under the Fourteenth Amendment or the mandates of RCW 2.28.030.

24

REASONS FOR GRANTING THE PETITION

This Nation’s founders agreed that “Justice is

the end of government. It is the end of civil society. It

ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit.” James

Madison, Federalist Paper No. 51 (February 8, 1788).2

Nonetheless, Washington’s Supreme Court has

long acknowledged that it appears justice is not available from Washington courts for “low income” litigants because of their inability to adequately present

their cases to judges in Washington’s courts. See e.g.,

2015 Washington State Civil Legal Needs Study Update, p. 3.3 Indeed, the Executive summary of the

Washington State Civil Legal Needs Study Update

published by the Washington State Supreme Court in

October 2015 begins with this very acknowledgment:

“Justice is absent for low-income Washingtonians who

frequently experience serious legal problems.” 4

The Larsons assert that the truth is much

darker than this. They claim that justice is not available for most of the middle-class litigating home foreclosures in Washington State, including persons like

them who own their homes, because Washington’s political branches economically incentivized judges and

_____________

2 Accessible at:

https://www.congress.gov/resources/display/content/The+Federalist+Papers#TheFederalistPapers-51

3 Accessible at: https://ocla.wa.gov/wp-content/uploads/2015/10/CivilLegalNeedsStudy_October2015_V21_Final10_14_15.pdf

4 Accessible at: https://ocla.wa.gov/wp-content/uploads/2015/10/CivilLegalNeedsStudy_October2015_V21_Final10_14_15.pdf

25

court staff to decide foreclosure cases in ways which

promote the best economic interests of Washington’s

three branches of government (and those persons who

presently occupy positions within those branches of

government). Washington State’s political branches

intentionally compromised the integrity of that

State’s judicial branch by forcing judges’ retirement

benefits to be based on the success of WSIB’s investments. This incentivized Washington judges to allow

quick and easy foreclosure of mortgages because of

WSIB’s heavy investments in mortgage-backed securities, the value of which depends on the enforceability of mortgages generally. And the Larsons further

assert that Washington’s government -- or at least

those people who have operated that government

since 2006 -- made a calculated (and unlawful decision) to align its three branches of government (including the judicial branch) with banks and debt

collectors so as to allow quick and easy foreclosures

which made the government’s investments in mortgage-backed securities extremely profitable.

Washington courts and judges are of no help in

the Peoples’ longstanding battle against corrupt foreclosures because these judicial institutions and the

people who operate them have been compromised by

Washington’s other branches of government in such a

way so as to assure that foreclosures almost always

occur no matter what the equitable circumstances.

Such conduct, of course, demeans the integrity of

Washington’s judicial branch of government to the

point where its courts and judges no longer even resemble those institutions which have historically exercised judicial power in civilized societies.

26

What reason other than bias could Snohomish

County judges and court staff have for intentionally

manipulating the summary judgment record in this

case? And there is no doubt that such irregularities

are present in the court record of this case. For example, the Larsons’ opposition to the private defendants’

motion for summary judgment stated:

EVIDENCE RELIED UPON:

In opposing the private defendants’ motion for summary judgment the

Larson family relies upon the declarations of Christopher Larson, Angela Larson, Joseph M. Vincent, Donovan

McDermott, Micah Anderson, and Scott

E. Stafne. The Larsons also rely on such

evidence as they request be judicially noticed. The Larsons also rely on the declarations of Mike Maynes, Jeffrey Courser

(attorney), and Robert William McDonald as well as all the pleadings and material filed in these proceedings and the

Larsons’ Torrens application proceedings. Additionally, the Larsons rely on

their responses to discovery and the deposition of the Honorable Judge Monty

Cobb, Richard Beresford, Mr. Maynes,

and three depositions of Jeffrey Stenman.

When Pro Tempore Judge Svaren first granted

summary judgment in favor of the private defendants

and against the Larsons, Judge Svaren failed to identify the evidence he relied upon in doing so. See Pet.

27

App., pp. 69a-70a. When the Larsons filed a motion

for reconsideration based on this failure to support his

judgment, the Private Defendants submitted an

amended version of their original order for Judge

Svaren to sign; which, of course, the judge did. A copy

of this Amended Order can be found at Pet. App. pp.

65a-68a.

That Order reveals that Judge Svaren failed to

consider most of the evidence the Larsons submitted

in opposition to private defendants’ motion for summary judgment, including but not limited to (1) the

declarations of Joseph Vincent (general counsel for

Washington’s Department of Financial Institutions

testifying about facts related to New Century’s failure

to fund loans which had closed in Washington State),

Donovan McDermott (testifying about WSIB’s public

records), Scott E. Stafne (attorney) in support of the

Larsons’ Response to private defendants’ motion for

summary judgment, and the declaration of Mike

Maynes; (2) Those documents the Larsons requested

be judicially noticed; (3) the Larsons’ responses to discovery; and (4) the depositions of the Honorable Judge

Monty Cobb, Richard Beresford, Mr. Maynes, and the

three depositions of Mr. Jeffrey Stenman (the president of QLS).

Private defendants did not object to most of this

evidence so Pro Tempore Judge Svaren should have

considered this evidence before granting private defendants’ motion for summary judgment. But private

defendants’ lawyers carefully avoided having to deal

with that evidence on appeal by just deceptively getting Pro Tempore Judge Svaren to sign off on the fact

that he did not consider it. The Larsons assert Pro

Tempore Judge Svaren and the private defendants’

28

attorneys’ collaboration in this regard, i.e. to establish

the Larsons’ proffered evidence was not considered

during the summary judgment process notwithstanding that it was not objected to, supports the Larsons’

claim of judicial bias in favor of the Deutsche Bank,

MERS, SPS, and Snohomish County, its officials and

judges and against the Larsons in this case.

The Larsons also assert that the declaration of

Joseph Vincent, a government official, which was left

with the Snohomish County Clerk’s Office for filing

but apparently not filed in the court record supports

their assertion that the Snohomish County court staff

have also been compromised by Washington State’s

alliance with money lenders and debt buyers and

their well-paid lawyers. Vincent’s declaration can be

found at Pet. App. pp. 97a-119a.

This assertion of improper conduct by the

Snohomish County Superior Court Clerk, who was a

named defendant in the Larson v. Snohomish County

et al., is further supported by the clerks’ false statements made with regard to the transfer of the court

record from the Skagit County Superior Court to the

Snohomish County Superior Court. Furthermore, it is

revealed by the way in which the Skagit Superior

Court record in this case was handled by the

Snohomish County Superior Court which treated all

the Skagit County filings as a single docket entry.

This, of course, made appellate review of the Skagit

County Superior Court decisions very difficult, if such

a review of the Larsons’ arguments was actually undertaken at all.

To understand the Larsons’ concern that Washington courts purposefully avoided considering the

Larsons’ factual

and legal

arguments by

29

manipulating the evidence in the summary judgment

record all one has to do is look at the judicial decisions

in these cases and appeals. None of the judicial decisions obtained as part of the entire judicial process in

Washington State -- from the decisions of its lower superior courts to this State’s intermediate courts of appeal to the Washington Supreme Court -- ever

addressed the legal issue previously discussed herein

which asserted MERS had no authority to assign the

Larsons’ Deed of Trust to Deutsche Bank or anyone

else notwithstanding the Larsons cited ample authority supporting this legal position. See e.g., Dilibero v.

Mortg. Elec. Registration Sys., 108 A.3d 1013 (R.I.

2015)(specifically holding MERS could not foreclose

after its agency relationship with New Century lending entities was terminated in bankruptcy. Id. at

1017); Deutsche Bank Nat’l Tr. Co. v. Tanibajeva,

2015 NY Slip Op 07230, ¶ 1, 132 A.D.3d 430, 431, 17

N.Y.S.3d 399, 400-01 (App. Div. 2015)(“In light of the

fact that the purported assignment of the mortgage

note to plaintiff [Deutsche Bank National Trust Co.]

by defendant New Century Mortgage Corporation

took place after the effective date of New Century’s

bankruptcy plan, which terminated its officers and

placed all of its assets into a liquidating trust, the

Board established, as a matter of law, that plaintiff

[Deutsche Bank as trustee] does not have standing by

virtue of the alleged assignment.” Id. 17 N.Y.S. at 400;

; Ross v. Deutsche Bank Nat’l Tr. Co., 933 F. Supp. 2d

225, 230-32 (D. Mass. 2013)(holding plaintiffs have

plausible claim that assignment of mortgage was void

which precluded granting a 12(b) motion under the

Federal Rules of Civil Procedure); Hymas v. Deutsche

Bank Nat’l Tr. Co., No. 2:13-cv-1869-RCJ-GWF, 2013

30

U.S. Dist. LEXIS 179164 (D. Nev. Dec. 16, 2013)(holding Plaintiff states a cause of action for statutorily defective foreclosure Plaintiff where he has sufficiently

alleged that Wells Fargo Bank, N.A. as attorney-infact for New Century did not have the authority to execute an assignment of the deed of trust to Deutsche

Bank in November 2011 because New Century had

filed for bankruptcy and had reorganized into a new

entity on July 15, 2008. Further, holding Plaintiffs’

fraud claim based on the corporate assignment of the

deed of trust from New Century to Deutsche Bank

was plausible and could not be dismissed pursuant to

Rule 12(b).); Deutsche Bank Nat’l Tr. Co. v. Williams,

No. 11-00632 JMS/RLP, 2012 U.S. Dist. LEXIS 43968

at *8 (D. Haw. Mar. 29, 2012)(Dismissing foreclosure

claim by Deutsche Bank based on assignment of New

Century debt after 2008 based on lack of standing);

New Century Mortg. Corp. v. Braxton, 18 LCR 36

(Mass. Land Ct. 2010)(Delaware Land Court grants

summary judgment against New Century and its assignee for not demonstrating the assignment between

them was valid.) Cf., Yvanova v. New Century Mortg.

Corp., 62 Cal. 4th 919, 199 Cal. Rptr. 3d 66, 365 P.3d

845 (2016) (California Supreme Court reverses trial

court and court of appeals dismissal Stanley investment trust was void because: New Century’s assets

had previously, in 2008, been transferred to a bankruptcy trustee; and the Morgan Stanley investment

trust had closed to new loans in 2007. Id. at 62 Cal.

4th at 925.

The institutional and political legitimacy of

courts in our system of government is specifically

premised on the integrity of judges as neutral arbiters

of disputes between adverse parties. Because “judges

31

are as honest as other men, and not more so5” our

Founders made clear the People’s expectation that the

authority of the judicial branch of government depends not on the FORCE or WILL of judges, but on

the appropriateness of their judgments. See Alexander Hamilton, Federalist Paper No. 78 (1788)6. And it

was expected that those judgments of judges would be

available to the public for evaluation and rejection, if

necessary; as has occurred throughout this nation’s

history.

In this case, Washington courts have never issued a decision which reflects a resolution of the arguments made by the parties, particularly the

Larsons, to judicial officers in these specific cases and

appeals. This offends our Founders’ expectation

that judicial decisions by neutral judges resolving the

arguments the parties have made will be available for

public review as well as recent cases of this Court

which hold that the job of neutral judges is to adjudicate the competing contentions of the parties to cases.

See United States v. Sineneng-Smith, 140 S. Ct. 1575,

1579 (2020); Greenlaw v. United States, 554 U.S. 237,

128 S. Ct. 2559 (2008).

Our Founders intended to create a Republic in

which the rights of citizens as then historically established were protected. Among the oldest and best

known of the rights our Founders intended to protect

was litigants’ access to a judge who was neutral as between the parties to a case when exercising judicial

_____________

5 Letter from Thomas Jefferson to William Charles Jarvis, 28

September 1820, accessible at https://founders.archives.gov/documents/Jefferson/98-01-02-1540

6 Last accessed on March 31, 2021 at: https://guides.loc.gov/federalist-papers/text-71-80#s-lg-box-wrapper-25493470

32

power based on facts and law. Implementation of this

right must begin with judges carefully considering the

actual circumstances of the alleged bias, especially

where judicial proceedings are held in a “summary”

fashion.

CONCLUSION

The Larsons’ petition for writ of certiorari

should be granted.

DATED this 6th day of September 2022.

Respectfully submitted,

_____/s/ Scott E. Stafne____

SCOTT E. STAFNE, Counsel of Record

STAFNE LAW Advocacy & Consulting

239 North Olympic Avenue

Arlington, WA 98223

360.403.8700

scott@stafnelaw.com

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Petition for Writ of Certiorari — Christopher E. Larson, et ux., Petitioners v. Snohomish County, Washington, et al. | Frix