WELCOME TO THE FORECLOSURE HOUR
Your weekly national foreclosure talk show.
Listen in. Call in. Make your voice heard.
Your Host: Attorney Gary Victor Dubin
Co-Host: Former Hawaii Governor John D. Waihee
For years, following the Mortgage Crisis of 2008, lenders have been fined by regulators nearly one-half-trillion dollars, if not more, for admittedly submitting fraudulent loan documentation under oath in foreclosure cases in state and federal courts.
And more recently a growing number of state and federal judges have understandably denied lenders summary judgment where their supporting foreclosure documents have either been in violation of the rules of evidence or suspiciously or outright fraudulent.
Yet, despite all such welcome, albeit belated, official leadership, the legal system, including its appellate courts, have woefully lacked
adequate means of lower level supervision and enforcement of their decisions.
At the same time, there have been no criminal prosecutions of those falsifying loan documentation, nor the sanctioning of foreclosure attorneys filing false documents and supporting declarations in court (only foreclosure defense attorneys apparently making pests of ourselves trying to enforce the rules of evidence and appellate decisions, combatting courtroom fraud).
As a result, numerous low visibility abuses of homeowners in foreclosure proceedings continue to escape notice today, despite, for instance, contrary enlightened appellate decisions, such as Reyes-Toledo, Mattos, and Behrendt in Hawaii discussed on previous shows.
The Foreclosure Hour in the past has highlighted the unjust ordeal of some individual homeowners being abused by the foreclosure system.
We intend to bring more such individual experiences nationwide to our listeners’ attention as one of the best ways to encourage needed reform as this is a national problem in the United States.
We are pleased therefore to have as our special guest with us on the telephone this Sunday, Jewel Moore, whose compelling story of abuse takes place in Kailua-Kona on the Big Island of Hawaii.
Jewell’s original lender in 2003 was “Millenium Funding Group,” its name misspelled in the note and mortgage, which was a dba of another company, neither of whom at the time was apparently licensed to make loans in Hawaii, but did.
As an undisclosed dba Millennium furthermore had no capacity to even record mortgage documents in its name, and the securitized trust assignee supposedly was U.S. Bank, N.A. as Trustee, eventually Jewel’s foreclosing plaintiff.
First, the declaration supporting the summary judgment motion, as usual, was totally in violation of the evidentiary rules recently highlighted in Reyes-Toledo, Mattos, and Behrendt, containing completely inadmissible hearsay, grounds alone for denying summary judgment.
Second, Jewell secured an Affidavit from Millenium’s President (the correct spelling is “Millennium”), whose signature was on an unaffixed Allonge dated November 24, 2003, described thereon to be the President of Millennium, endorsing the Millennium note to U.S. Bank, as Trustee, whose Affidavit states that his purported signature on the Allonge is a complete forgery and that he was not even the President of Millennium, only a District Sales Manager.
Thus, that completely breaks the chain of ownership of the mortgage loan rendering foreclosure by U.S. Bank impossible whether it had possession of the note or not, not being the listed payee, and an earlier version of the note submitted in Bankruptcy Court proceedings did not even have the Allonge attached.
At the very least, there were sufficient contradictions and confusion for denying summary judgment. Right?
Wrong! Jewell lost summary judgment and was very recently evicted from her home by strong arm use of excessive force, her belongings stored with several of her substantial assets stolen, and she was physically assaulted she claims by the serving deputy sheriff while being removed from her home and arrested for criminal trespass, contempt, and other charges, and now faces criminal prosecution.
Jewell explains that her foreclosure Judge accepted the argument of opposing counsel that since she was not a party to the Allonge she had no standing to object to the forgery and that the MERS mortgage assignment is the only thing that matters.
Her opposing attorney was the same attorney who argued the Mattos case against me in the Hawaii Supreme Court using roughly the same script and lost.
It was a MERS loan, and he argued that the MERS assignment of the Mortgage [notes are not transferable by way of an assignment according to the UCC] to U.S. Bank trumps not being the payee on the note to Millennium and that the borrower had no standing to challenge standing because MERS transferred the mortgage (“even if Defendant’s theory that the Allonge was forged is true, however, it does not matter”).
Please join John Waihee, Jewell Moore, and me on this Sunday’s show, and invite your neighbors and friends to listen in, so that collectively through public education we can put a stop to such abuses that continue to turn our foreclosure courts mindlessly into collection agencies for crooks where conclusive even evidence of forgery does not matter.
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