Congratulations, You Defeated Plaintiff’s Motion for Summary Judgment, But Do You Know The Ten Things You Need To Do Next?

Sunday, April 8, 2018 – 3 PM HST
Upcoming Discussion for Sunday’s THE FORECLOSURE HOUR
Sundays: 3 pm (HST) Click HERE to listen.

Homeowners in growing numbers lately, even pro se, have suddenly been defeating summary judgment in foreclosure proceedings or securing appellate reversals of prior summary judgments remanded for trial.

As our listeners know, there are many foolproof ways of challenging the validity of default notices, general loan ledgers, and ownership of promissory notes at filing inception, which we have addressed on prior shows, one or more usually sufficient to defeat summary judgments once you know how easily it can be done, depending of course always on how knowledgeable your foreclosure Judge is. Continue reading

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US Bank v. Arizumi — 15 Defects To Look For When Analyzing and Defeating a Foreclosing Plaintiff’s Motion for Summary Judgment

Sunday, February 11, 2018 – 3 PM HST
Upcoming Discussion for Sunday’s THE FORECLOSURE HOUR
Sundays: 3 pm (HST) / 5 pm (PST) / 8 pm (EST). Click HERE to listen.

Foreclosure Workshop #54: US Bank v. Arizumi — 15 Defects To Look For When Analyzing and Defeating a Foreclosing Plaintiff’s Motion for Summary Judgment
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The main event in any judicial foreclosure is the summary judgment hearing in which a foreclosing plaintiff attempts to convince the court that it should immediately prevail and your property should be sold at auction, since it argues there is no need for a trial as it owns your mortgage debt, you are in default, and it is entitled to foreclose.

By defeating summary judgment, the odds of saving one’s home improve greatly as a borrower can thereafter generally look forward to securing either finally an attractive loan modification, a significant discounted payoff, or in rare cases wiping out one’s mortgage debt entirely. Continue reading

Special Seventh Year Anniversary of The Foreclosure Hour, Sunday October 22, 2017 – 3 PM HST

Wells Fargo Bank v. Erum — When Is a “Notice of Default” a Notice of Default and When Is It Not?

Nationstar Mortgage v. Akepa Properties — When Is a Foreclosing Plaintiff’s “Lack of Standing” a Jurisdictional Defect and When Is It Not?
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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

America’s Homeowners’ SuperPAC Launched!

By Sydney Sullivan

wewilluniteDuring the weekly Sunday afternoon Foreclosure Hour broadcast, Honolulu attorney Gary Dubin and former Governor John Waihee announced the formation of the Homeowners’ SuperPAC.

“The time has come,” said Mr. Dubin, “where the voice of the American homeowner needs to be heard and the rights to live in their homes protected.”

In the United States, a political action committee (PAC) is a type of organization that pools campaign contributions from members and donates those funds to campaign for or against candidates, ballot initiatives, or legislation. Gov. Waihee and Mr. Dubin have designed a Homeowners’ Bill of Rights and plan to organize the Homeowners SuperPAC initiative in every state. If you missed the broadcast – click to listen here: Click link to the left for entire Inverview Continue reading