Foreclosure Workshop #54: US Bank v. Arizumi — 15 Defects To Look For When Analyzing and Defeating a Foreclosing Plaintiff’s Motion for Summary Judgment
The main event in any judicial foreclosure is the summary judgment hearing in which a foreclosing plaintiff attempts to convince the court that it should immediately prevail and your property should be sold at auction, since it argues there is no need for a trial as it owns your mortgage debt, you are in default, and it is entitled to foreclose.
By defeating summary judgment, the odds of saving one’s home improve greatly as a borrower can thereafter generally look forward to securing either finally an attractive loan modification, a significant discounted payoff, or in rare cases wiping out one’s mortgage debt entirely.
One of the best ways to educate borrowers (and judges who may also be listening) is to use examples from existing cases.
John (Hawaii Governor John Waihee) and I therefore have decided on the majority of future shows this year, while continuing to discuss an important topic each Sunday, to do so by analyzing a real, pending, illustrative foreclosure case selected from our law practice as well as based upon recommendations received from listeners nationwide.
This Sunday we analyze the motion for summary judgment filed by US Bank against Brett Arizumi in an ongoing foreclosure case in the First Circuit Court, in Civil No. 14-1-1769-08, presently before the Honorable Jeanette Castagnetti in Honolulu.
In doing so, we will highlight, time permitting, 15 major defects in US Bank’s motion for summary judgment, many if not all of which in one form or another very likely are also present in the foreclosure summary judgment motion papers confronting or will be confronting many of our listeners and their attorneys as well.
And these are not all of the major defects within foreclosure summary judgment motions, only those found so far in this one case. There are many more awaiting exposure in other cases on our future shows.
And our listeners will be very surprised to learn how events have unfolded in the Arizumi case, notwithstanding these very highly visible, major defects in the foreclosing plaintiff’s motion for summary judgment.
Borrowers in nonjudicial foreclosures face a similar problem, but in a somewhat different procedural context, when defending against an ejectment action following a nonjudicial auction sale.Finally, this broadcast will again highlight how important it is for homeowners to unite and support the Homeowners SuperPAC, enabling us in the future to publish working handbooks exposing and explaining with citations to authority in every state and federal jurisdiction the type of hands-on analysis presented on this show.
Gary Victor Dubin
Dubin Law Offices
Suite 3100, Harbor Court
55 Merchant Street
Honolulu, Hawaii 96813
Office: (808) 537-2300
Cellular: (808) 392-9191
Facsimile: (808) 523-7733
Licensed in California and Hawaii