Upcoming Discussion for Sunday’s THE FORECLOSURE HOUR
Sundays: 3 pm (HST) / 6 pm (PST) / 9 pm (EST). Click HERE to listen.
Foreclosure Workshop #19: Bank of America v. Reyes-Toledo, A Case Study on How To Get Appellate Courts To Ask the Correct Questions
For too long homeowners and their counsel have allowed themselves in court to be drawn into and sidetracked by mainly esoteric and artificial, unsuccessful arguments about REMIC tax structures, multi-hat robosigners, and invisible securitized trusts — without getting to the heart of the most important foreclosure defense issues in court.
This Sunday we are airing on The Foreclosure Hour an oral argument that took place on certiorari before the Hawaii Supreme Court on August 18, 2016, heard by five Justices, each intelligent, each free from Big Bank influences, who are beginning to ask the correct questions.
This is an incredible appellate oral argument that everyone needs to listen to, indeed not once but several times, as there is much to be learned from the manner in which defense counsel and the Justices approached the issues.
It appears that the Hawaii Supreme Court is preparing to lead the way to a saner and more equitable judicial foreclosure case law in Hawaii as it earlier has done with nonjudicial foreclosures, and its forthcoming opinions, if persuasive, will undoubtedly have national influence.
Reyes-Toledo was argued by a common sense foreclosure defense trial attorney in Hawaii, opposed by one of the best foreclosure lawyers in Hawaii that money can buy.
My turn comes in another case, U.S. Bank v. Mattos, that I will be arguing before the Hawaii Supreme Court on certiorari regarding similar issues on September 15th when I will personally know more about the apparently more active and welcome role the Hawaii Supreme Court may plan to take in this otherwise long neglected area of American Law.
Everyone involved in foreclosure defense nationally will benefit from listening to this informative oral argument. Mark it on your calendar and ask Siri to remind you.
Gary Victor Dubin
Dubin Law Offices
Harbor Court, Suite 3100
55 Merchant Street
Honolulu, Hawaii 96813
(808) 537-2300 (office)
(808) 523-7733 (facsimile)
Licensed in California and Hawaii