Holly Chisa

Over the years, the United Trustees Association has worked with different groups, even those whom we may not agree with, to try and write sensible law. From the beginning, most lawmakers and advocacy groups were not aware of the profession of trustee, and how trustees responsibly manage the foreclosure process. Becoming higher profile has benefited trustees, as people are more aware of the profession, your professionalism, and the complexities of changing the laws repeatedly year-after-year. With this higher profile, however, comes some rocks and arrows, and some interesting reactions from an anonymous source on Twitter:

“… ur repugnant industry illegally throws 1000s of #WA homeowners 2the streets.”

“… testifies to #waleg every time in lock-step with #WABankers & not one legislator calls her out 4this violation of #WALaw. Y not?”

“… testifies with #WABankers on every bill in opposition of HOMEOWNERS & WA Law. #IndependentTrustees? Hardly.”

Since the implementation of the FFA several years ago, homeowners and financial institutions have successfully resolved foreclosures throughout Washington state. Trustees, caught in the middle of this process, have maintained their impartiality by following the laws and responded to various court rulings that constantly change the timelines and processes in foreclosure.

The United Trustees Association has not locked up with the banks, the advocates, or another other group – we are the voice of the trustees. Our role has been to represent this specific industry in the Washington State Legislature and in local governments that are exploring more restrictive legislation, or laws that would require a trustee to lose that independent voice. This visibility does come at a cost. (See the Twitter comments above.) In addition to the word volley, however, a higher profile also means a better understanding by lawmakers and the general public about the role of the trustee and what you do day-to-day.

So while this anonymous individual vilifies our profession via social media, let’s publically talk about the success of a program trustees helped develop to bring closure for homeowners.

Since its inception, 6,094 cases have been referred to the FFA. Of those, 3,592 cases have been certified or closed. 972 had mediations occur, and 78% of those mediations resulted in the homeowner keeping their home. Another 215 cases were closed because the homeowner decided to leave on their own terms – cash for keys, short sale, etc.

Another 1,210 mediations occurred where no agreement was reached. Of those, 970 were found to be “in good faith,” with both parties coming to the table to have a genuine conversation about the foreclosure.

Additionally, outside of the 3500 cases that have gone to mediation, an additional 603 cases were resolved outside of mediation, with an agreement reached before the parties ever entered the room.

Trustees have been accused of partnering with financial institutions to bring over 6000 homeowners resolution to their foreclosures. These anonymous sources ignore UTA working with homeowner advocates, attorneys, the Washington State Department of Commerce, and other parties. We have been at the table with all of those who are concerned for homeowners and how to bring closure to this difficult situation.

Clearly, there are still pockets of individuals throughout the state that do not understand the work that has been done, and continues to be done, on these issues. The City of Seattle has spent the last several months working on the issue of eminent domain. They continue to meet in committee on this issue, with the support of SAFE (Standing Against Foreclosures and Evictions.) The primary goal of a few on the City Council is principle reduction, and SAFE continues to advocate for a moratorium on foreclosures. Lawmakers continue to hear from individuals about the need for a statewide moratorium on foreclosures as well, and also push for changes to the criminal statutes to allow for criminal charges to be brought against financial institutions and trustees for what they deem to be illegal foreclosures. And, of course, there is our anonymous friend, who uses social media to make inflammatory statements against an industry without being cognizant of the facts.

Our Association members will continue to meet with lawmakers and city council members throughout the 2014 interim to monitor legislation that continues to be pushed for further regulation of the industry. As trustees, you are uniquely positioned to respond to these accusations. Many of you have advocated on behalf of homeowners during the foreclosure process. You have met with lawmakers to explain the complex process of non-judicial foreclosures, and how, in fact, this process is a far better alternative to judicial foreclosures for most homeowners. UTA thanks those members that have taken these public steps to influence sound policy, and to write laws that make sense to ALL parties in the foreclosure process. While this has garnered some negative attention – and creative snarky comments on social media, on the whole Washington state laws are better for your comments and insight.