What you don’t know could hurt you: Google censoring documents for the Banks?

Good advice.


Don’t get Grinched by opportunistic Servicers

Here is a map where the majority of states allow you to record phone calls with only one party (you) knowing that the call is recorded. https://deadlyclear.wordpress.com/2013/04/15/is-it-legal-to-record-the-banks-phone-call-or-conversation/

It’s much easier to write your follow-up letter if you have a recorded conversation to work from – and most attorneys advise to write the servicer a follow up letter, especially when a recording might not be admissible in court. Keep all your correspondence, including statements organized. If you are unorganized in everything else in your life, make your mortgage loan your priority in organization. The correspondence you keep, may save your home.

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 The servicer convinced the couple that a  “deed in lieu of foreclosure” would provide a fast solution. This option allowed the homeowners to give the servicer a deed to the home, saving them the expense and time of going through the foreclosure process.
In this case, the borrowers were asked to release any claim for a deficiency in return for $3,000 through a “cash for keys” offer to defray the cost of moving.

The couple proceeded to move out by the deadline agreed…

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Oh No! Santa May Have To Cancel Christmas!

On the Foreclosure Hour broadcast last Sunday on Honolulu’s KHVH radio, Host and top-rated Foreclosure Defense Attorney, Gary Dubin, received a call from the North Pole. It was from Santa Claus!

It appears Santa may be the victim of a wrongful foreclosure.

Santa told Mr. Dubin that he received a notice from the Bank of the North Pole that there had been a foreclosure and the bank was evicting the Claus family from their 200-year-old home.

Santa sounded quite panicked because the notice said that the bank would be changing the locks at noon on December 25th… on Christmas Day!  Santa didn’t know at this point whether he could leave the North Pole on Christmas Eve to deliver presents and stated he might have to cancel Christmas. Santa pleaded with Gary Dubin for help.

Listen here to the phone call from Santa Claus on the Foreclosure Hour. Continue reading

A Year-End Special: Firsthand Comments and Experiences of Our Listeners Battling Foreclosures Nationwide

A Year-End Special: Firsthand Comments and Experiences of Our Listeners Battling Foreclosures Nationwide

This Sunday’s Show will air in Hawaii at 2:00 p.m. (HST) instead 3:00 p.m., its otherwise regular time. Honolulu KHVH Radio & Internet. The Foreclosure Hour


John and I receive thousands of letters, emails, and voice mail messages annually from our listeners from just about every State and some foreign countries, detailing their personal experiences trying to fend off foreclosures and evictions.

Time limitations naturally permit us to personally respond to only a few.

We thought that we would, therefore, start a new tradition by reading some of those experiences on our year-end show(s) enabling us to respond in that way to more inquiries. Continue reading

Serial Filings That Block a Creditor: Better Not to Obtain More Relief Than You Need

Just a side note: There are more efficient ways to deal with foreclosure rather than use the bankruptcy courts.


In re Ross, 838 F.3d 779 (3rd Cir. 2017)

A debtor filed bankruptcy to block a foreclosure. When he sought to voluntarily dismiss the case, the bankruptcy court granted the request but also enjoined him from filing at any time in the indefinite future. The order was appealed first to the district court and then to the Third Circuit.

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Why Foreclosing Securitized Trust Plaintiffs Cannot Prove Entitlement To Foreclose

(December 12, 2017, Hawaii) The Foreclosure Hour TODAY at 3 pm (HST) / (5 pm EST) will discuss one of Hawaii’s latest FORECLOSURE APPEAL cases, HSBC Bank USA v. Yamashita, where after a pro-bank decision in the lower circuit court was overturned on appeal.

The Hawaii ICA noted, “[T]he [Hawaii] supreme court then expressed that “[a] foreclosing plaintiff’s burden to prove entitlement to enforce the note overlaps with the requirements of standing in foreclosure actions as ‘standing is concerned with whether the parties have the right to bring suit.'” Continue reading