Why Homeowners Should Be Allowed To Use a Writ of Mandamus Against a Foreclosure Judge Ruling Contrary to State Court Appellate Precedent


Why Homeowners Should Be Allowed To Use a Writ of Mandamus Against a Foreclosure Judge Ruling Contrary to State Court Appellate Precedent.

One of the most important and well-recognized responsibilities of an appellate court is to effectively supervise lower courts in order to foster not only correctness and uniformity in judicial decision making but also adherence to its appellate opinions.

Historically there were two distinct means of achieving such effective supervision, notices of appeal and mandamus writ petitions, the latter a much quicker appellate procedure, yet more recently appellate review has become favored over mandamus review for numerous institutional reasons.

Today, although many state appellate courts have been rethinking mortgage law and beginning to enforce needed protections for American homeowners, nevertheless such long awaited appellate decisions are in many cases being virtually ignored by some foreclosure judges.

On this Sunday’s show, the Foreclosure Hour in another exclusive broadcast will not only shock homeowners listening, but hopefully shock appellate court judges as well who may also be listening, by examining how such new state court appellate decisions protecting homeowners are being incredibly ignored by some recalcitrant foreclosure judges.

Confronted with such embarrassing and disturbing resistance to their appellate decisions, our state appellate courts urgently need to increase their judicial supervision.

The Foreclosure Hour will appropriately argue that the only effective way of doing so is by encouraging the filing of writs of mandamus as the mainstay means of enforcing appellate decisions given the realities of the delay and costs associated with traditional appellate processes rendering them otherwise largely useless.

The need for bringing back in full force the broader historic common law Writ of Mandamus as an indispensable tool for combating mortgage abuses illustrates just one more way that the Rule Ritual has seemingly hypnotically otherwise been able to trash substantive rights despite obvious changes in real world institutional realities.

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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

Special thanks to Justice Don Willett on Twitter  for his uplifting sense of humor.


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