It feels like State and Federal Legislators don’t have a Clue about what real-life Americans Face Every Day

By Sydney Sullivan

The Hawaii legislature in 2018 started off wanting to make it a “Felony” if you rented a room in your home short term without the required licensing. Most folks are all for the necessary permit and, of course, paying the taxes. But making a vacation rental violation a felony – well, that went a bit too far.

Sometimes it feels like state and federal legislators don’t have a clue about what real-life Americans face every day. Legislators have always had a paycheck, even during the 2008 meltdown. While many folks were losing their homes, banks offered sweet refinance and payoff deals to legislators all over the country. Average homeowners couldn’t get a refinance or modification from 2008 through 2012 because the banks told them to miss 3 payments to qualify for HAMP and then denied homeowners the opportunity to reinstate their loan – because they were unknowingly in DEFAULT. 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

Hawaii State Public Funds’ Shortfall Hits $25B

“Shortfall” –  a clever term for “we’ve lost your money”

According to the Hawaii Free Press quoting the Honolulu Star Advertiser: 

“The two public funds designed to meet the future pension and health care needs of government employees and retirees are a combined $25 billion in the hole with a growing shortfall….

The deficit in the ERS pension fund rose to $12.93 billion in the fiscal year ended June 30 from $12.44 billion in the previous fiscal year, according to one of the reports. The funded ratio — what is needed to meet future obligations — improved slightly to 54.9 percent from 54.7 percent a year earlier….

Similarly, the EUTF shortfall for all employers rose to $12.15 billion in fiscal 2017 from $11.78 billion in fiscal 2015, the last year it was reported. Its funded ratio improved to 12.8 percent from 6.7 percent because the cost of health care didn’t grow as fast as had been anticipated and because employers made more contributions to pay down the unfunded liability than required. The EUTF report has been coming out every two years but will be switching to an annual format… Continue reading

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

Exposing “The Great Deception” Hiding Who Is Really Foreclosing on American Homeowners

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

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

evidence-900x550Hawaii 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

Break up the Big Banks and Hold Wall Street Accountable for Their Risky Investments

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We must create a banking system that works for every American—not just Wall Street CEOs—and enact and strengthen reforms that will protect our economy from another massive collapse. Tulsi is a cosponsor of legislation such as the Return to Prudent Banking Act (H.R.381) and the 21st Century Glass-Steagall Act (H.R.3711) to help protect Americans from big banks’ roll of the financial dice. To help ensure the financial stability of our nation, Tulsi is continuing to fight against dangerous behavior on Wall Street where investors take big risks on the backs of American taxpayers. She has urged criminal investigations of Wall Street executives who take money from American taxpayers, such as what recently happened with Wells Fargo, the nation’s largest “too big to fail” bank.

“I will always fight against the schemes of Wall Street to make risky investments on the backs of American taxpayers.” -Rep. Tulsi Gabbard

Securities Fraud: In Search of the Holy Grail of Foreclosure Defense

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

7-28-2016 Homeownership CensusHomeownership in the United States has fallen 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

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/