Sunday’s THE FORECLOSURE HOUR
Sundays: 3 pm (HST) / 5 pm (PST) / 8 pm (EST). Click HERE to listen.
Foreclosure Hour Workshop #28: Bank of America v. Reyes-Toledo —
An Important Starting Point for Exposing “The Great Deception” Hiding Who Is Really Foreclosing on American Homeowners
Hawaii has now joined Connecticut, Florida, New Mexico, New York, Ohio, Oklahoma, and Vermont as the result of another recent landmark foreclosure-related decision of the Hawaii Supreme Court, the most comprehensive of its kind yet, adopting the principle that a foreclosing plaintiff has the evidentiary burden to establish its right to enforce a promissory note at the time it commenced its action.
While it might seem to be just common sense proving you own a debt before bringing a collection lawsuit, the right to challenge the ownership of promissory notes in foreclosure litigation has somehow been remarkably denied to most American homeowners, including heretofore in Hawaii, since the advent of more recently designed securitized trusts.
And indeed that evidentiary challenge to standing is generally denied in trust deed litigation in California to this day, where an estimated tens of thousands of California homeowners still lose their homes annually to those with arguably no ownership interest whatsoever in their loans, notwithstanding the relatively recent embarrassingly disappointing Yvanova decision of the California Supreme Court.
The exceptionally well-reasoned Toledo decision of the Hawaii Supreme Court, on the other hand, which should be of enormous benefit to mortgagors in other jurisdictions nationwide, has now opened the door much wider to the even more fundamental underlying question concerning why such a central evidentiary issue has been so mysteriously ignored in most jurisdictions for so many decades.
On The Foreclosure Hour this Sunday, John Waihee and I will definitively answer that question and expose on this Sunday’s show what might correctly be called “The Great Deception,” going even beyond the new landmark Toledo decision of the Hawaii Supreme Court, taking the next step needed, explaining who has really been foreclosing behind the scenes on America’s homeowners.
It has been repeatedly argued nationally in another context that one cannot defeat an adversary until it knows, names, and acknowledges who that adversary is.
Please join us this Sunday to learn who is the intentionally undisclosed “real party in interest” in most foreclosures in the United States.
And our Mainland listeners please note that the Nation goes on Daylight Savings Time in one week when The Foreclosure Hour (except in Hawaii which remains on Standard Time) will be heard one hour later on the iHeart Internet App.
Gary Victor Dubin
Dubin Law Offices
Suite 3100, Harbor Court
55 Merchant Street
Honolulu, Hawaii 96813
Office: (808) 537-2300
Facsimile: (808) 523-7733
Licensed in California and Hawaii
Foreclosure Workshop #28: Bank of America v. Reyes-Toledo — An Important Starting Point for Exposing “The Great Deception”
Hiding Who Is Really Foreclosing on American Homeowners
(click here to listen)