Bank of America v. Reyes-Toledo (October 9, 2018) (Reyes-Toledo 2) — Hawaii Supreme Court Frees Hawaii Homeowners from Decades of Wrongful Federal Judicial Interference with Their State Court Foreclosure Defense Rights

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

Foreclosure Workshop #70: Bank of America v. Reyes-Toledo (October 9, 2018) (Reyes-Toledo 2) — Hawaii Supreme Court Frees Hawaii Homeowners from Decades of Wrongful Federal Judicial Interference with Their State Court Foreclosure Defense Rights, Which New Published Opinion Should Become a Model for Every State Judiciary

I have mentioned on numerous shows that the federal courts are generally a virtual graveyard for homeowners being foreclosed on, and I meant that as no exaggeration.

For I have been an eye-witness advocate to decades of the mindless arrogant slaughter of homeowners’ rights in federal courts, generally ignoring Truth-in-Lending rescissions, ignoring loan modification abuses, ignoring the lack of good faith and fair dealing in nonjudicial auctions, ignoring the adequacy of notice pleading, and ignoring the many fraudulent and undisclosed low visibility practices within MERS and REMIC securitized trust paper hocus pocus mumbo jumbo. Continue reading

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[UNREGULATED] DERIVATIVE COMPLAINT – Blackrock, Pimco Sue U.S. Bank Over Trustee Roles

By Sydney Sullivan

The main focus on The Foreclosure Hour this week, Blackrock & PIMCO, et al v. U.S. BANK NATIONAL ASSOCIATION, was so powerful it deserves to be highlighted. As usual legal protocol, the Plaintiffs’ claims are accepted by the court to be true. For example, the next move for the Defendant might be to file a motion to dismiss, a court must accept all well-pleaded facts as true, viewing the facts in the light most favorable to the plaintiff.

WARNING: The contents of this complaint is likely to make certain foreclosure judges with hefty Plaintiff hedge funds preferred shares in their investment portfolios extremely nauseous.

Plaintiffs Blackrock & PIMCO and a multitude of subsidiaries, affiliates, associates, closely related and closely held companies for each sued U.S. BANK NATIONAL  ASSOCIATION for BREACH OF CONTRACT; VIOLATION OF THE TRUST INDENTURE ACT OF 1939; BREACH OF FIDUCIARY DUTY; BREACH OF DUTY OF INDEPENDENCE; AND NEGLIGENCE.  Continue reading

Hacker v. Homeward Residential; M&T Bank v. Plaisted; and U.S. Bank Trust v. Barbier — Ten Strategies for Defeating Foreclosure by Objecting to the Admissibility of Business Records as an Exception to the Hearsay Rule

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

Foreclosure Workshop #65: Hacker v. Homeward Residential; M&T Bank v. Plaisted; and U.S. Bank Trust v. Barbier — Ten Strategies for Defeating Foreclosure by Objecting to the Admissibility of Business Records as an Exception to the Hearsay Rule

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Three especially noteworthy judicial decisions occurred this week: (1) Hacker, appeal decided 8/16/18 in the California Court of Appeal, Second Appellate Division, (2) Plaistead, appeal decided 8/16/18 in the Supreme Judicial Court of Maine; and (3) Barbier, motion for summary judgment orally decided 8/15/18 in the Second Circuit Court in Hawaii on the Island of Maui. Continue reading

U.S. Bank v. Jewel Moore — Learn from Jewel Moore Live How She Was Victimized by the Foreclosure System in Kailua-Kona, Hawaii and What Her Case Teaches Us About the Reforms in the Foreclosure System That Are Desperately Needed

Your Host: Attorney Gary Victor Dubin
with
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 Continue reading

A Review and Analysis of Some of the Most Noteworthy July 2018 Judicial Decisions

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

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 Continue reading

Capital One v. Peck and Gilliam v. Bank of America — Unraveling the Ancient Mysteries Behind Contemporary “Standing” Disputes in Foreclosure Courts

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

Foreclosure Workshop #61: Capital One v. Peck and Gilliam v. Bank of America — Unraveling the Ancient Mysteries Behind Contemporary “Standing” Disputes in Foreclosure Courts

For centuries, one of the most important yet confusing concepts in American Law has been that of the “standing” of a party to pursue claims and defenses in court.

Without “standing,” claims and defenses will be dismissed in court, which makes “standing” one of the most powerful weapons in foreclosure litigation especially.

Foreclosure defense concepts by themselves have traditionally remained confusing enough, as our listeners know, varying from jurisdiction to Continue reading

How Much “Bias” and “Stand Down” Was Ordered Concerning the TBTF Banks During 2008-2016?

By Sydney Sullivan, Co-Editor and Contributing Researcher

An interesting post by Richard Bowen on June 21, 2018, The DOJ report: Another Political Hot Potato? brings up very significant questions.

Mr. Bowen writes, “Department of Justice (DOJ) has yet to prosecute any of the major players responsible for the 2008 financial crisis. I think we need to ask if bias was responsible here as well.”

Hopefully, folks are following “[T]he Justice Department’s report on the FBI’s handling of the Clinton email scandal and other actions in advance of the 2016 election is already a political hot potato,” as Mr. Bowen begins his post.

“The report has President Trump supporters saying “Told ya so” and the general public questioning how the DOJ and the FBI runs its departments. And rightfully so. Continue reading

Paragraph 22, The Notice of Default and Right To Cure: How To Use This Most Overlooked Foreclosure Defense To Defeat Summary Judgment and Win at Trial

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

(Foreclosure Workshop #16: Rebroadcast from July 17, 2016)

This important broadcast, first exclusively airing on The Foreclosure Hour on July 17, 2016, is being repeated because homeowners are still largely under-using this powerful weapon against foreclosure, given the sloppiness and dishonesty of loan servicers, although it is available in virtually every mortgage and deed of trust situation.

John Waihee and I are pleased to have heard from many of our listeners that since that first Continue reading

Does a Different Statute of Limitations Apply to the Enforcement of Mortgages than to the Enforcement of Notes?

WELCOME TO THE FORECLOSURE HOUR

Your weekly national foreclosure talk show.
Listen in. Call in. Make your voice heard.

Rebroadcast of October 15, 2017 – Gary Dubin
Co-Host: John Waihee
Foreclosure Workshop #48:
Kipuhulu Sugar Co. v. Nakila — Does a Different Statute of Limitations
Apply to the Enforcement of Mortgages than to the Enforcement of Notes?

Continue reading

How to Create an Entirely New Financial System on the People’s Terms

“For a city to create its own public bank owned by the People and accountable directly to them, is to create an entirely new financial system on the People’s terms, which is the logical end-game of divestment. …

“By bringing banking under public control, so that the bankers that have the responsibility over our financial sector are accountable public servants rather than private casino gamblers, we can finally make progress towards a system that is legitimately, rather than superficially democratic.” Continue reading