Your weekly national foreclosure talk show.
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Your Host: Attorney Gary Victor Dubin with Co-Host: Former Hawaii Governor John D. Waihee
For decades State and Federal Courts throughout the United States have been robotically applying one set of evidence rules to foreclosure cases and another set of evidence rules to all other civil cases.
Those who have been listening to our radio show know why, because the Courts until recently have applied the traditional mortgage lending model of the neighborhood banker, oblivious to how the hidden secondary securitized trust banking system works. Continue reading →
What Every Homeowner Needs To Know About the Latest Foreclosure Trends and Developments in American Law in Order To Survive in an Inconsistent Legal System Largely Out of Service Which Treats Like Cases Differently.
It is a natural law of Justice in virtually every legal system in the history of the world that “like cases should be treated alike,” except it seems in the field of foreclosure defense in America where national inconsistency has become the norm.
Thus, for nearly a tumultuous decade following (the continuation of) the Mortgage Crisis of 2008, American Courts have created a record of contradiction, confusion, and uncertainty, ignoring established rules of evidence and even its own case precedents governing other areas of the law, while often pompously looking the other way in the tradition of Pontius Palate, routinely favoring lenders, often misusing the doctrine of stare decisis to protect previously egregiously mistaken case precedents. Continue reading →
Foreclosure Workshop #19: Bank of America v. Reyes-Toledo, A Case Study on How To Get Appellate Courts To Ask the Correct Questions
For too long homeowners and their counsel have allowed themselves in court to be drawn into and sidetracked by mainly esoteric and artificial, unsuccessful arguments about REMIC tax structures, multi-hat robosigners, and invisible securitized trusts — without getting to the heart of the most important foreclosure defense issues in court.
This Sunday we are airing on The Foreclosure Hour an oral argument that took place on certiorari before the Hawaii Supreme Court on August 18, 2016, heard by five Justices, each intelligent, each free from Big Bank influences, who are beginning to ask the correct questions. Continue reading →
The recent lawsuits filed in the SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK are the beginning of a long process unraveling the frauds created by a generation of “Younger Boomers” and “Now Generation” Wall Street bankster executives that expected immediate gratification.
These smart-asses didn’t take the time to ensure all the pieces to the puzzle fit before they began their filthy rich land grab operation, causing a lot of damage and red ink to America and the rest of the world. Their failures are your insurance to defeat foreclosure once you understand what is missing. Continue reading →
Yesterday was spent reading a brilliant new ebook ShellGame-MERS: Contrived Confusionby retired attorney/CPA Robert Janes. Not enough can be said about this powerful paper that accurately outlines the errors of the foreclosure machine. IT IS A “MUST READ”!
Robert Janes has previously written a book called “Fighting The Foreclosure Machine” and has a website with the same name, with great newsletters contained therein. It is all about the UCC and the material is in regard to making the banks prove who can enforce the Note.
This is fabulous information and used in a lot of Quiet Title actions and Oppositions to Motions for Summary Judgments. Judges are starting to listen to these arguments which is to put a stop to the fabrication of documents and fraud stemming from the “foreclosure machine.” Continue reading →