The Rise and Fall of Securitized Trusts: Eleven Future Strategies To Dismantle Them in Their Retreat

Your Host: Attorney Gary Victor Dubin
with
Co-Host:  Former Hawaii Governor John D. Waihee 

At first, securitized trusts received obedient kowtowing from the American Judiciary, unwittingly deceived by, if nothing else, their long impressive titles including in their names the names of otherwise past respected financial institutions supposedly acting as their trustees.

And when securitized trusts, starting with the mortgage crisis of 2008, began their unending wave of foreclosures, they did so exclusively as mortgagees, since state foreclosure laws have always been written to exclusively authorize foreclosures on traditional mortgages only and not in favor of the holders of promissory notes. Continue reading

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Paragraph 22, The Notice of Default and Right To Cure: How To Use This Most Overlooked Foreclosure Defense To Defeat Summary Judgment and Win at Trial

Your Host: Attorney Gary Victor Dubin
with
Co-Host:  Former Hawaii Governor John D. Waihee 

(Foreclosure Workshop #16: Rebroadcast from July 17, 2016)

This important broadcast, first exclusively airing on The Foreclosure Hour on July 17, 2016, is being repeated because homeowners are still largely under-using this powerful weapon against foreclosure, given the sloppiness and dishonesty of loan servicers, although it is available in virtually every mortgage and deed of trust situation.

John Waihee and I are pleased to have heard from many of our listeners that since that first Continue reading

Foreclosure Workshop #57: LCP-Maui vs. Tucker — What Every Homeowner Facing Foreclosure Needs To Know About Deficiency Judgments

Your Host: Attorney Gary Victor Dubin
with
Co-Host:  Former Hawaii Governor John D. Waihee 

In most States, as one of the most vicious aspects of the foreclosure system, if the auction sale price is not enough to pay off the balance of a loan, the lender or its collection agency assignee is entitled to a deficiency money judgment.

Deficiency collection can then consist of aggressively garnishing wages, seizing bank accounts, and foreclosing on a borrower’s other real property if any, forcing many borrowers into bankruptcy, further increasing the emotional trauma and financial loss due to being foreclosed on. Continue reading

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

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