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

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NEW CENTURY ORDER AUTHORIZING THE ABANDONMENT AND DESTRUCTION OF ALL RECORDS

NEW CENTURY ORDER AUTHORIZING THE ABANDONMENT AND DESTRUCTION OF ALL RECORDS

Destroy-logoTHIS COURT having considered the Motion for an Order Authorizing the Abandonment and Destruction of All Records (the “Motion”) of the New Century Liquidating Trust (the “Trust”), by and through Alan M. Jacobs, as the Bankruptcy Court-appointed Trustee
(the “Trustee”), seeking authorization to abandon and destroy the Records pursuant to Secure-and-Confidential-Document-Shredding-Glasgow-Edinburghsections 105(a), 363, and 554(a) of the Bankruptcy Code and Bankruptcy Rule 6007 in his sole discretion; and it appearing that notice of the Motion has been given to the United States Trustee and all parties who have indicated an interest in the Records, including those parties who have requested copies of any Loan Files or other documents from the Trust, and that no further notice need be given; and it appearing that objections have been filed to the Motion by Michael Harkey (“Harkey”) [D.I. 11462], Jane Haas (“Haas”) [D.I. 11463], the Attorney General of the State of New York (the “NYAG”) [D.I. 11465], the Federal Home Loan Bank of Boston and Federal Home Loan Bank of Chicago (the FHLBs”) [DJ. 11466], Mimielle Goulatte (“Goulatte”) [D.I. 11467], Deatra DeHomey (Scott) (“DeHomey”) [D.I. 11468], Frances Rogers (“Rogers”) [D.I. 11469], Royal Park Investments SA/NV (“Royal Park”) [D.I. 11470], Wallace Vaughn [D.I. 11471], and the “Institutional Investor Plaintiffs” (as defined in the Objection) [D.I. 11473] (collectively, the “Objectors”). Haas, Goulatte, DeHomey, Rogers, and Vaughn are referred to herein as the “Borrower Objectors,” and their objections, the “Borrower Objections,” and the NY AG, the FHLBs, Royal Park, the Institutional Investor Plaintiffs, and Harkey are referred to herein as the “Subpoena Objectors,” and their objections, the “Subpoena Objections”); and the Court having held a hearing on May 20, 2016 to consider the relief requested in the Motion and the objections thereto; and after due deliberation and sufficient cause appearing therefore, it is hereby ORDERED, ADJUDGED AND DECREED THAT: 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 Big Lie.

Can't cheat an honest manIf you are asking yourself ‘why are judges ruling against homeowners when they know the banks scammed them?’ Then you need to understand a judge’s most basic insight into the human condition is that it is impossible to con an honest man.* It is larceny lurking in the soul of its victim that is preyed upon. What does that mean?

The mortgage deals were too good to be true – but the homeowners believed it to be the truth… because they wanted it to be and it all boils down to making “easy”  M-O-N-E-Y. Continue reading

Incredible! New Century Bankruptcy Judge’s Order Against Homeowner Vacated… “[d]ue process affords a re-do”

Vacated NCTenacity pays off! Maybe the jig is up… This is the bankruptcy court that wanted to DESTROY the homeowner files.

“I. INTRODUCTION
Appellants Molly S. White and Ralph N. White (“White”) (“appellants”) filed this bankruptcy appeal on October 18, 2013. (D.1. 1) They appear pro se. The appeal arises from an order entered by the bankruptcy court on August 30, 2013, that determined debtors complied with the bankruptcy court’s order establishing bar dates for ‘filing proofs of claim and approving the form, manner, and sufficiency of the notice as applied to unknown creditors.” Continue reading

Fed up with politics? Be HIP – Hawaii’s Independent Party is Official

By Sydney Sullivan

INDEPENDENT-VOTERS-OBAMACARTOONBravo! The Hawaii Independent Party registered last week and the Office of Elections confirmed they had gathered enough signatures to be a certified political party.  The party is led by former Maui Mayor Charmaine Tavares and Maui real estate agent Michelle del Rosario. This is a trend setting move for the rest of the country to follow.

How many times these last few years have we all bemoaned that the Republicans and Democrats are all the same? That they are a bunch of bank and big business bought and paid for politicians… that get nothing done … that the economy is still failing… that the debt is beyond repair and the buck just keeps passing along??? Well, Hawaii is doing something about it. It’s HIP!!!

Continue reading

Hon. Philip S. Straniere – The judge in the “Sixth Sense” part of the Civil Court, seeing cases with “dead corporations” represented by “dead law firms”

“This is another case which is slowly convincing me that I am the judge in the “Sixth Sense” part of the Civil Court where, like characters in that film who only see dead people, I am relegated to seeing cases with “dead corporations” represented by “dead law firms,” citing Hon. Philip S. Straniere from CENTURION CAPITAL CORP., v. ANNA GUARINO. 

Sounds a lot like mortgage foreclosure fraud, doesn’t it?  Bankrupt mortgage lending companies resurrecting themselves as the ghost of the bank or pretender lender that exited years earlier – all of a sudden, without legal authority they appear in court trying to fool the homeowners, investors, state recordation offices and courts with fabricated (too late) assignments of mortgage to trusts that closed years earlier and are now rapidly depleting their assets – paid off likely with TARP funds – thank you very much. Continue reading