Nationstar Mortgage v. Akepa Properties — When Is a Foreclosing Plaintiff’s “Lack of Standing” a Jurisdictional Defect and When Is It Not?
For too long most of our courts have cavalierly discriminated against homeowners by consciously or otherwise going out of their way to protect foreclosing plaintiffs, applying legal doctrines against mortgagors differently than in other areas of the law. 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 →
For most of us education is an ongoing process. Whether you are a professional, labor force, homemaker, just a kid or retired we are constantly learning – all of us… except some (but not all) judges, because when they get behind the bench in the black robe, all of a sudden their comprehension and quest for knowledge is severely dulled, yet they still roar like an angry old goat.
You would think judges in Hawaii would be more compassionate to those folks losing their lands since it was only a little over 100 years ago, in 1893, when Hawaii was invaded by American businessmen, who overthrew Queen Liliuokalani and forced an illegal territorial annexation to the United States. Continue reading →
We see all sorts of cases in foreclosure defense and just as many judicial personalities… goofy decisions, irresponsible and / or clueless judges but this one takes the cake! You would think that if you’re going to have your case heard by a trial judge – that he would be required to have some knowledge on the subject, right? Apparently, not in Hawaii’s Second Circuit Court.
A few years ago it appeared that many judges were just not up to speed on the foreclosure scheme, but lately it seems like there has to be a higher ilk that commands lower court to squash the homeowner and if they can afford to appeal, maybe then they’ll be worthy of some justice. Otherwise, presented with the evidence, acknowledging the bad paperwork and still ruling against the homeowner would be crazy or corrupt… or maybe both. This appears to be a case that would certainly seem to fit that synopsis. Continue reading →
Shortly after posting the Foreclosure Hour press release yesterday for today’s program,StopForeclosureFraud.com became inaccessible and the site remains down today, reports the system’s administrator. Coincidence? Not likely.
The Foreclosure Hour promises to bring us compelling new and overwhelming evidence that even after a $25 BILLION dollar settlement and Consent Judgment – the banks’ continue to commit and produce forgeries. Click HERE to listen to the show today at 3 pm Hawaii time / 6 pm PST / 9 pm EST. Spread the word, post to Facebook, Twitter, Reddit, LinkedIn and reblog this information everywhere possible as one of our leading news sites has been attacked. Thank you.
The topic for the Sunday, March 7th show will be:A genuine robo whistle blower who is going to reveal that he personally worked recently (four months ago) as part of an army of robo-signers in one of four Bank of America mortgage assignment manufacturing factories throughout the country (he will name their locations and give vivid details including names), falsifying loan documents, signing under oath not before notaries who have been similarly false swearing, for MERS and for the Big Banks such as Chase and for Securitized Trusts such as Bank of New York Mellon, as their supposed Assistant Vice Presidents and supposed Assistant Secretaries, negotiated the national settlement and even AFTER the Bank of America signed the AG National Settlement agreeing to stop the practice.Continue reading →
The topic for the Sunday, March 1st show will be:An Exclusive Interview with David Krieger, author of Clouded Titles, on How You Can Reverse Mortgage Fraud at Your Local Recording Office: Defending in Court Is Not Enough.
Learn and discuss why it is important for your land records to be audited and how to actively approach your local registrar and legislators to institute a full audit.
This is the week to call in and discuss, air your observations, vent your frustrations and concerns of the foreclosure court judges’ actions when they are faced with tons of fraud and still rule in favor of the bank.