Ten Most Important Ways of Surviving Foreclosure Summary Judgment Proceedings


Foreclosure Workshop #30: An Updated Working Checklist of the Ten Most Important Ways of Surviving the Rule Ritual in Foreclosure Summary Judgment Proceedings

Those of our listeners who have heard our last few shows, now posted on our website, understand for the first time the way in which the Rule Ritual has disadvantaged American Homeowners by fostering an erroneous approach to legal reasoning historically causing the misapplication of foreclosure rules, particularly in summary judgment proceedings, the most important event in any foreclosure case.

On this Sunday’s radio show we will turn the tables on the Rule Ritual and explain how you can ironically take advantage of the Rule Ritual to actually defeat a foreclosure summary judgment by using ten important defenses in rebuttal to the vast majority of those foreclosure judges still merely concerned with whether or not you have paid your mortgage.

One of the most impressive appellate decisions for the Dubin Law Offices was issued last week.  Hawaii Intermediate Court of Appeals: BofA v. Brian Shigemi Miyake (Click Link for PDF)

“A plaintiff who does not have standing to enforce the
note that has been defaulted on also does not have standing to foreclose on the mortgaged property.

IT IS HEREBY ORDERED that the “Findings of Fact and
Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Filed February 21, 2014” and “Judgment” both entered on November 18, 2015 by the Circuit Court of the First Circuit are vacated and this case is remanded for further proceedings.
DATED: Honolulu, Hawai’i, March 30, 2017.”

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Gary Victor Dubin
Dubin Law Offices
Suite 3100, Harbor Court
55 Merchant Street
Honolulu, Hawaii 96813

Office: (808) 537-2300
Facsimile: (808) 523-7733
Email: gdubin@dubinlaw.net

Licensed in California and Hawaii


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