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

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Congratulations, You Defeated Plaintiff’s Motion for Summary Judgment, But Do You Know The Ten Things You Need To Do Next?

Sunday, April 8, 2018 – 3 PM HST
Upcoming Discussion for Sunday’s THE FORECLOSURE HOUR
Sundays: 3 pm (HST) Click HERE to listen.

Homeowners in growing numbers lately, even pro se, have suddenly been defeating summary judgment in foreclosure proceedings or securing appellate reversals of prior summary judgments remanded for trial.

As our listeners know, there are many foolproof ways of challenging the validity of default notices, general loan ledgers, and ownership of promissory notes at filing inception, which we have addressed on prior shows, one or more usually sufficient to defeat summary judgments once you know how easily it can be done, depending of course always on how knowledgeable your foreclosure Judge is. Continue reading