Ten Major Myths vs Realities in Foreclosure Litigation

Your Host: Attorney Gary Victor Dubin
Co-Host:  Former Hawaii Governor John D. Waihee 

John and I were discussing on past shows the increasing yet frustratingly slow changes in favor of homeowners taking place today in foreclosure litigation in many States, particularly in Hawaii which developments we highlighted on last week’s show.

Mainly responsible for all of these changes are shifting public and judicial attitudes regarding the archaic unfairness of an ancient common law foreclosure system, largely inherited from English law. Listen HERE if you missed the show. 

Those of us committed to reversing so many still entrenched attitudes unfairly harming homeowners can ultimately only succeed if we openly challenge such misguided received legal traditions, in effect, amounting to historical brainwashing, improperly hiding behind such doctrines as stare decisis and res judicata.

In doing so, we must expose and openly challenge at least ten major myths underlying those entrenched attitudes, which are the subject of today’s show, including the following departures from reality:

Myth # 1: Foreclosure defendants want a free house.

Myth #2: Foreclosure auctions produce fair sale prices.

Myth #3: Recorded loan documents are trustworthy.

Myth #4: Foreclosures promote market stability.

Myth #5: Foreclosure defendants have no standing to challenge securitized trust documents.

Myth #6: Stare Decisis and Res Judicata cannot be challenged in foreclosure litigation.

Myth #7: Attorney affirmations have evidential weight.

Myth #8: Mortgage and Trust Deed Notes are negotiable instruments.

Myth #9: The mortgage follows the note.

Myth #10: Foreclosure judges are dishonest.

Listen to this Sunday’s show to match reality against these ten major myths.

And please remember that most of the Nation (except Hawai’i which remains on standard time) goes back to standard time today.

As a result, The Foreclosure Hour will now be heard live one hour earlier on most of the Mainland on iHeart Radio on the Internet, which live show, however, repeats itself the following hour on iHeart Radio as well for those who missed our live broadcast.

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
Email: gdubin@dubinlaw.net

Licensed in California and Hawaii


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