WELCOME TO THE FORECLOSURE HOUR
Your weekly national foreclosure talk show.
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Judges everywhere are beginning to rethink past judicial decisions in the foreclosure area as it becomes more and more evident that fraud and deception have predominated behind the scenes in foreclosure cases nationwide.
This rethinking has led to a growing number of monthly attempts by more and more state and federal court judges, albeit as yet too few, to give more attention to their foreclosure cases.
This past month, for instance, a number of noteworthy judicial decisions both at the trial level and on appeal have been handed down potentially generating new foreclosure defenses in several state and federal jurisdictions that our listeners need to know about and understand, departing from The Rule Ritual which too often otherwise imprisons thought.
On today’s show, time permitting, we will examine a number of these new cases and their likely impact, if any, upon future foreclosure cases and potentially yours.
Among the important topics to be covered on today’s show will be:
- The emerging evidentiary requirements for proving and disproving the sending and the receipt of loan default notices;
- When Associations can and when they cannot conduct nonjudicial foreclosures based on power of sale authorizations contained either in condominium documents or in statutes;
- Whether and if so how a lender needs to respond to a timely TILA rescission notice to avoid rescission, or whether rescission automatically complete upon a borrower simply sending a timely rescission notice and to whom;
- If a borrower’s defense against foreclosure is based on fraud in the original lender’s initiation of a loan, such as a fraudulent loan application, whether the statute of limitations having expired is a bar to that defense, or whether the doctrine of “equitable recoupment” allows the borrower to assert an otherwise stale claim to avoid the expiration of the applicable statute of limitations, so long as using fraud as a defense and not as a counterclaim, in other words, as a shield and not a sword, in order to either reduce the amount of a plaintiff’s recovery or to defeat foreclosure, whether one or both.
- Whether a notice of default can be considered an acceleration, and once a loan balance is accelerated, whether and when if at all a past acceleration of the entire loan balance can be waived or rescinded by a lender or lender’s assignee.
- Whether a debtor in bankruptcy upon receiving a discharge is obligated to pay post-petition Association maintenance fees as required by condominium documents or has otherwise no such liability.
- Whether and what HUD requirements must be satisfied before a lender is allowed to foreclose if HUD requirements are written into a loan or are imposed by statute.
Listen to today’s show to increase your understanding of these emerging issues in foreclosure defense which could help you save your home from foreclosure and your family from eviction.
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