Why Homeowners Should Be Allowed To Use a Writ of Mandamus Against a Foreclosure Judge Ruling Contrary to State Court Appellate Precedent.
One of the most important and well-recognized responsibilities of an appellate court is to effectively supervise lower courts in order to foster not only correctness and uniformity in judicial decision making but also adherence to its appellate opinions.
Historically there were two distinct means of achieving such effective supervision, notices of appeal and mandamus writ petitions, the latter a much quicker appellate procedure, yet more recently appellate review has become favored over mandamus review for numerous institutional reasons. Continue reading →
Foreclosure Workshop #30: An Updated Working Checklist of the Ten Most Important Ways of Surviving the Rule Ritual in Foreclosure Summary Judgment Proceedings
Those of our listeners who have heard our last few shows, now posted on our website, understand for the first time the way in which the Rule Ritual has disadvantaged American Homeowners by fostering an erroneous approach to legal reasoning historically causing the misapplication of foreclosure rules, particularly in summary judgment proceedings, the most important event in any foreclosure case.
On this Sunday’s radio show we will turn the tables on the Rule Ritual and explain how you can ironically take advantage of the Rule Ritual to actually defeat a foreclosure summary judgment by using ten important defenses in rebuttal to the vast majority of those foreclosure judges still merely concerned with whether or not you have paid your mortgage. Continue reading →
The Rule Ritual: Revealing for the First Time the Centuries Long Hidden Linguistic Origin of Rule Enterprise Reasoning Misleading Today’s Foreclosure Courts
The Foreclosure Hourthis Sunday turns attention away from individual cases to share with listeners some original basic research.
We will for the first time anywhere reveal new insight into the foreclosure crisis by challenging the basic philosophy behind the traditional legal reasoning of American Courts and hence of the entire legal profession.
On this Sunday’s live show we will explore the deep-seated, heretofore unseen semantic causes of the foreclosure crisis and the even Continue reading →
Foreclosure Hour Workshop #28: Bank of America v. Reyes-Toledo —
An Important Starting Point for Exposing “The Great Deception” Hiding Who Is Really Foreclosing on American Homeowners
Hawaii has now joined Connecticut, Florida, New Mexico, New York, Ohio, Oklahoma, and Vermont as the result of another recent landmark foreclosure-related decision of the Hawaii Supreme Court, the most comprehensive of its kind yet, adopting the principle that a foreclosing plaintiff has the evidentiary burden to establish its right to enforce a promissory note at the time it commenced its action.
While it might seem to be just common sense proving you own a debt before bringing a collection lawsuit, the right to challenge the ownership of promissory notes in foreclosure Continue reading →
The Coming Public Pension Meltdown: How Fannie Mae and Freddie Mac Were Used To Steal Public Pension Funds, Where Did All the Money Go, Who Has Been Covering Up the Theft, and How Every Homeowner Has Been and
Will Be Further Harmed by One of the Biggest Yet Still
Largely Concealed Financial Ripoffs in American History
We all know the devastating effects that the 2008 mortgage crisis has had on the American economy generally and tens of millions of homeowners personally and their families in the United States, while Pontius Pilate-like, federal and state judges and legislators have mostly looked the other way.
We are now faced with a yet even bigger, approaching financial disaster that this Nation’s local and state governments are equally unprepared for: the coming public pension meltdown that the federal government this time lacks the otherwise needed huge financial resources to adequately deal with. Continue reading →
A year ago The Foreclosure Hour explained why homeowners nationwide were having such great difficulty finding a knowledgeable foreclosure defense attorney and suggested ways of remedying the problem.
Yet, if anything, as those presently facing foreclosure well know, rather than becoming easier, it is actually even more difficult anywhere to find knowledgeable foreclosure defense counsel. 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 →
Homeownership in the United States hasfallen to 62.9%, the lowest rate since such statistics were kept beginning in 1965. And that rate is expected to fall below 50% in the coming decades — and the statistics are even far worse for America’s minorities. Homeowners’ rights have meanwhile been virtually ignored by the American political and legal systems, as evident by little discussion by either national political candidates today.
And yet a flood of even more irrational judicial decisions has been seen this year, which we will discuss on this Sunday’s Foreclosure Hour radio show, by federal and big-state courts protecting pretender lenders, with virtually no real relief for defrauded homeowners yet in sight who are left to beg for loan modifications, another largely dishonest and emotionally humiliating process. Continue reading →
Hawaii attorney Gary Dubin and
co-host [former Hawaii Governor] John Waihee discuss in a INDEPENDENCE DAY SPECIAL PROGRAM the Redefining Foreclosure as Slavery:A Plan To Immediately End Its Abuses as Inconsistent with Human Existence, Individual Freedom, and Public Welfare. Please call in and share your feelings and experiences. Gary calls this his “emancipation proclamation” show. Continue reading →