[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

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Oh No! Santa May Have To Cancel Christmas!

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.

Listen here to the phone call from Santa Claus on the Foreclosure Hour. Continue reading

Why Foreclosing Securitized Trust Plaintiffs Cannot Prove Entitlement To Foreclose

(December 12, 2017, Hawaii) The Foreclosure Hour TODAY at 3 pm (HST) / (5 pm EST) will discuss one of Hawaii’s latest FORECLOSURE APPEAL cases, HSBC Bank USA v. Yamashita, where after a pro-bank decision in the lower circuit court was overturned on appeal.

The Hawaii ICA noted, “[T]he [Hawaii] supreme court then expressed that “[a] foreclosing plaintiff’s burden to prove entitlement to enforce the note overlaps with the requirements of standing in foreclosure actions as ‘standing is concerned with whether the parties have the right to bring suit.'” Continue reading

UNMASKING FANNIE MAE: It Appears Fannie’s Role in Foreclosures May Be Linked to Obamacare Funding Scheme

By Sydney Sullivan

In May 2017, US Secretary of Treasury, Steve Mnuchin, confirmed GSE Sweeps May Have Funded ObamacareThe meaning of this significant confirmation went virtually unnoticed by homeowners, their attorneys, and lawmakers for several reasons. The top of the list is the mainstream media suppression.

No matter what side of the political aisle you stand on, if you are a homeowner in or facing foreclosure – or if you lost your home since 2008, or are an investor in the Government Sponsored Enterprises (GSE), Fannie and the Treasury Continue reading

Non-Traditional Mortgages Appeal to Hawaii’s Highest Court

hear-yeeThis Sunday The Foreclosure Hour shared the appellate process with listeners to help them better understand the complexity of the court system.

Last month (September 2016) the Hawaii Supreme Court heard attorney Gary Dubin argue on behalf of a Ewa Beach, Hawaii resident who was sued for foreclosure by “U.S. Bank National Association, as Trustee, in trust for the registered holders of MASTR Asset Backed Securities Trust 2005-NC1, Mortgage Pass-Through Certificates, Series 2005-NC1,” a securitized REMIC trust.

The Plaintiff, like so many others, claimed (and the lower Circuit Court penned in the Findings of Fact) it “is now the Holder of the Note.” Of course, there were the usual series of “after-the-fact” robo-signed assignments trying to establish the right to enforce, and an allonge dated “after-the-fact” signed in blank. Even a witness who was basically a computer jockey viewing screen shots with no personal knowledge of who or how the data was entered.  But in this case, there is a bit of a twist which, it appears, the Justices were picking up on as they asked astute questions about the procedure and the original (now bankrupt and liquidated) lender, New Century Mortgage Corporation. Continue reading

An Exclusive LIVE Interview with Florida Trial Attorney Jacqulyn Mack Revealing the Hidden Secrets of Securitized Trusts

SUNDAY on The Foreclosure Hour:

An Exclusive LIVE Interview with Florida Trial Attorney Jacqulyn Mack Revealing the Hidden Secrets of Securitized Trusts

Gary Dubin FH

THE FORECLOSURE HOUR
Sundays:  3 pm (HST) / 6 pm (PST) / 9 pm (EST). Click HERE to listen.

Call toll free: (888) 565-8383

Hawaii attorney Gary Dubin and
co-host [former Hawaii Governor] John Waihee present An Exclusive LIVE Interview with Florida Trial Attorney Jacqulyn Mack Revealing the Hidden Secrets of Securitized Trusts.

While average foreclosure defense attorneys spin their wheels deposing the bank-prepped servicer-related witnesses – Jacqulyn Mack uses her investigative skills to dig out more knowledgeable witnesses to depose. The information she has uncovered had redefined the securitization operation – what goes on behind the securitization curtain. Continue reading

Foreclosure Workshop #9: How To Successfully Overcome Irrational Judicial Prejudices Against Awarding You A “Free House”

SUNDAY on The Foreclosure Hour:

Foreclosure Workshop #9: How To Successfully Overcome Irrational Judicial Prejudices Against Awarding You A “Free House”

Gary Dubin FH

THE FORECLOSURE HOUR
Sundays:  3 pm (HST) / 6 pm (PST) / 9 pm (EST). Click HERE to listen.

Call toll free: (888) 565-8383

Hawaii attorney Gary Dubin and
co-host [former Hawaii Governor] John Waihee present Foreclosure Workshop #9: How To Successfully Overcome Irrational Judicial Prejudices Against Awarding You A “Free House”. Don’t miss this one – but if you do it will be posted after the show airs on www.foreclosurehour.com.

Tune-in for a revealing discussion. 

Gary Dubin • Dubin Law Offices • Harbor Court, Suite 3100 • 55 Merchant Street
Honolulu, Hawaii 96813 • gdubin@dubinlaw.net • (808) 537-2300 (office)
http://www.foreclosurehour.com/

It’s Here! It’s Wimpy, but Yvanova is finally here.

We’ve all waited with bated breath for the “Happening” of the California Supreme Court decision in Yvanova vs. New Century Mortgage Corporation a case, as the Supremes put it, “granted plaintiff‘s petition for review, limiting the issue to be briefed and argued to the following: “In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?“”

While Yvanova wins the appeal, the Supremes’ opinion is less exciting than hoped for – yet it had some redeeming qualities when you look deep into the opinion and the footnotes. It sorta keeps you Hangin’ On (pun intended). Continue reading

The Recent Appellate Foreclosure Defense Revolution In Hawaii: What Still Remains To Be Done And Will It Spread To Other States?

SUNDAY on The Foreclosure Hour – Hawaii’s Recent Appellate Foreclosure Defense Revolution

Gary Dubin FH

THE FORECLOSURE HOUR
Sundays:  3 pm (HST) / 5 pm (PST) / 8 pm (EST). Click HERE to listen.

Call toll free: (888) 565-8383

Hawaii attorney Gary Dubin and
co-host [former Hawaii Governor] John Waihee will discuss the recent Hawaii appellate court decisions in foreclosure defense, what remains to be done and what influence these decisions will have, if any, in other states. Don’t miss this one – but if you do it will be posted after the show airs on www.foreclosurehour.com.

 Gary Dubin • Dubin Law Offices • Harbor Court, Suite 3100 • 55 Merchant Street
Honolulu, Hawaii 96813 • gdubin@dubinlaw.net • (808) 537-2300 (office)
http://www.foreclosurehour.com/

Happy New Year!

What is Wrong With the American Legal System and What Needs To Be Done About It – The Foreclosure Hour

SUNDAY on The Foreclosure Hour – What is Wrong With the American Legal System and What Needs To Be Done About It.

Gary Dubin FH

THE FORECLOSURE HOUR
Sundays:  3 pm (HST) / 5 pm (PST) / 8 pm (EST). Click HERE to listen.

Call toll free: (888) 565-8383

Hawaii attorney Gary Dubin and
co-host [former Hawaii Governor] John Waihee will discuss the American legal system and what needs to be done to change it for the good of society – the 99% and beyond. Don’t miss this one – but if you do it will be posted after the show airs on www.foreclosurehour.com.

 Gary Dubin • Dubin Law Offices • Harbor Court, Suite 3100 • 55 Merchant Street
Honolulu, Hawaii 96813 • gdubin@dubinlaw.net • (808) 537-2300 (office)
http://www.foreclosurehour.com/