On the Foreclosure Hour broadcast last Sunday on Honolulu’s KHVH radio, Host and top-rated Foreclosure Defense Attorney, Gary Dubin, received a call from the North Pole. It was from Santa Claus!
It appears Santa may be the victim of a wrongful foreclosure.
Santa told Mr. Dubin that he received a notice from the Bank of the North Pole that there had been a foreclosure and the bank was evicting the Claus family from their 200-year-old home.
Santa sounded quite panicked because the notice said that the bank would be changing the locks at noon on December 25th… on Christmas Day! Santa didn’t know at this point whether he could leave the North Pole on Christmas Eve to deliver presents and stated he might have to cancel Christmas. Santa pleaded with Gary Dubin for help.
NakedCapitalism’s Yves Smith is the strong voice of reality on the front lines of the foreclosure war. Posted on December 6, 2012 is a serious message that needs to circulate around the world.
The economy is on the fiscal cliff because of the failed policy decisions not to prosecute the banks in addition to how the unscrupulous securitized mortgage business has been handled.
Blaming borrowers for the frauds committed by the banks has eaten away at the core of our society. “Normally, in history,” said Yves, “when lenders were that incompetent, they went bust and that was capitalism. And now instead, we have a system where lenders who are so grossly incompetent that they should have gone bankrupt – are propped up – that’s socialism for the rich.” Continue reading →
The over-burdened judiciary isn’t always up to speed as quickly as it ought to be and good case law doesn’t always make it to the top of the pile for the clerks to review and digest. Even good attorneys occasionally miss pertinent material.
So, let’s go back to about 2 years ago when Yves Smith, who is an absolutely brilliant author and blogger of “NakedCapitalism” and 4closureFraud, truly a leader in the foreclosure defense blogging pack, wrote about an Alabama securitization case named U.S. BANK v. ERICA CONGRESS.
Of course the case went to appeal and the outcome of the appellate decision was a unanimous decision, the Alabama Court of Civil Appeals reversed a lower court decision on a foreclosure case, U.S. Bank v. Congress and remanded the case to trial court. The reasons hinged upon 2 superb expert witnesses. Continue reading →