Posted by DEADLY CLEAR
July 18, 2011
DUBIN LAW FIRM Files Emergency Motion for Stay Pending Appeal
Monday, Attorney Frederick J. Arensmeyer of the Dubin Law Firm filed a “Emergency Motion for a Stay Pending Appeal” on behalf of their client, Marlene Debnam, to ask the Intermediate Court of Appeals of the State of Hawaii for a stay of the eviction process while the appeals court reviews the arbitrary decision of the Lahaina District Court. The motion states that the Lahaina District Court “has clearly exceeded its jurisdiction in the case … in which title to real property is at issue, and because the Lahaina District Court failed to even address Ms. Debnam’s request for a stay pending appeal…”
The Debnam case is similar to Deutsche Bank v. Peelua where there was recently a favorable appellate decision reversing the Lahaina District Court on apparently the same issues.
It is heroic for attorneys to go to the mat for their clients – but it is also a necessary step in order to preserve justice. Don’t get into the game unless you intend to win and sometimes the game has to go to extra innings. Apparently, in Ms. Debnam’s case Judge Rhonda Loo granted OneWest Bank’s Summary Judgment and denied Ms. Debnam’s Motion to Dismiss filed for lack of subject matter jurisdiction.
Ms. Debnam filed a timely reconsideration and again the District Court denied her motion. Debnam promptly filed a Notice of Appeal. Shortly after that Ms. Debnam found a Notice to Vacate attached to her door. Sound familiar?
Debnam’s attorneys immediately filed a Motion for Stay Pending Appeal on July 13, 2011 and submitted an ex parte motion for temporary stay pending hearing. The District Court denied both motions, “without hearing, without opposition, and without giving any reasons,” as was stated in the Emergency Motion’s Memorandum.
While this may sound like gobbledy gook to the average reader, it simply means that judges are making decisions too quickly and apparently in this case, are unaware of the history of OneWest Bank, IndyMac, Mortgage Electronic Registrations Systems, Inc. (MERS) and Deutsche Bank.
The first red flag is IndyMac and MERS. When you see that duo and add in Deutsche Bank and OneWest you have a combination that results in the embodiment of evil. You can usually rely on the fact that the documents any of these banks produce are more than a little questionable. If you are going to sit on the bench in these cases, you owe it to yourself, your colleagues and the general public to know the dirty details and exactly what to look for; and when you’ve got a good attorney before you – take the time to learn. Because if the government does shut down and you are out of a paycheck – it might be your house on the line.
This is what Judges should do – stand in the homeowner’s shoes before they make a ruling. Look for the issues as if they were their own – because one day they could be… even if they are paying their mortgage. A lot of these arbitrary and capricious rulings stem from a lack of intimate knowledge of the subject matter (it really is quite complex) and a lopsided philosophy that the nation is better off dumping all these mortgages (putting people on the street) and hitting bottom so we can climb back out.
That’s already been addressed in the “Idiots of the Week” post. No, it does not benefit the country to foreclose. There is no money to lend for new mortgages or they would be reconstructing loans with the current homeowners. The banks wrote more loans than they can legally hold – that was the Wall Street securitization Ponzi scheme. Penalizing the homeowners doesn’t make much sense… the banks have been paid – a lot! …about $13 Trillion+ (which would pay for every mortgage in American – even yours! And healthcare). Make the banks deal with it or give the borrower back his home with damages for having to litigate to show the judges the fraud. Don’t just roll over for the banks. This isn’t helping America.
We’re not backwards in Hawaii. We’re just a bank town. And our banks are not all bad. But just because we have a few good apples doesn’t mean the barrel isn’t spoiled.
There really isn’t much left for America other than the Courts. It’s pretty obvious that Congress allowed these derivatives (securitization scheme) to continue unregulated and have cost us over $140 Trillion … and President Obama is making some awful decisions with Mr. Geithner on his shoulder instead of Jiminy Cricket. We have to depend on the Courts – that means the Judges really need to read and understand what happened.
Foreclosing on every home just makes the real estate market plummet further and good people are made homeless and their neighbors cannot sell their homes or put their kids through college – and even renters are affected because they too get booted. The banks don’t want revenue streams – that’s pretty obvious. If they did they’d be reconstructing loans and the investors just want out of the deal.
This brings me to my final point on Ms. Debnam’s case. The defense issues center around INDX MORTGAGE Loan Trust 2006-AR2. That’s an IndyMac MBS (Mortgage-Backed Securities) Trust. And like many IndyMac Trusts, they ended up in class action lawsuits with their Investor’s as Plaintiffs (In re IndyMac Mortgage-Backed Securities Litigation, Master Docket No. 09-Civ.-04583 (S.D.N.Y.). This Trust has been in litigation since 2009 and it would seem highly unlikely that the certificateholders are going to turn over their certificates to Deutsche Bank as Trustee or OneWest Bank while there is an ongoing lawsuit. Without all the certificates it would appear that the Note might not be whole – kinda like Humpty Dumpty…
We need to have all of our Judiciary attend conferences and seminars and get up to speed on the Wall Street Ponzi scheme that brought our country to its knees. Judges might not make such rash decisions if they knew what was really going on – in fact, they’d probably get angry when they realize that lousy, fraudulent documents mean disrespect. And believe me, these foreclosure mills know when they have lousy documents and still present them to the court – because like Rep. Herkes said today… $1100 X 100 = $110,000 per month… nice income for slick-kickin’ fraud and most judges are none the wiser.
By DEADLY CLEAR:
Although this happens on a regular basis for Dubin Law Firm, it doesn’t always get the recognition it deserves. Attorney Gary Dubin and his crew of attorneys take representation of their clients seriously. Dubin Law Firm has had 27 foreclosure saves since January 2011.
Some attorneys are just better than others and that’s why their clients sleep better at night. In this ugly world of foreclosure and bank fraud most attorneys just do not have the aptitude to grasp the complex nature of each case. I liken it to handicapping a horse race – not everybody can or wants to do it. Those that do have a special ability to understand and remember bloodlines and how each horse raced in the past, recalling all the details.
And unlike other attorneys that stumble through a hearing in state or federal court throwing their clients under a bus, Dubin fights to the bitter end because he knows he’s doing the right thing. I’d take Gary Dubin and his crew to the races any day!
 Source of $140 Trillion debt – It Take A Pillage by Nomi Prins