Why Foreclosing Securitized Trust Plaintiffs Cannot Prove Entitlement To Foreclose

(December 12, 2017, Hawaii) The Foreclosure Hour TODAY at 3 pm (HST) / (5 pm EST) will discuss one of Hawaii’s latest FORECLOSURE APPEAL cases, HSBC Bank USA v. Yamashita, where after a pro-bank decision in the lower circuit court was overturned on appeal.

The Hawaii ICA noted, “[T]he [Hawaii] supreme court then expressed that “[a] foreclosing plaintiff’s burden to prove entitlement to enforce the note overlaps with the requirements of standing in foreclosure actions as ‘standing is concerned with whether the parties have the right to bring suit.'” Continue reading

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Will the California Supreme Court signal the resurrection of the American Homeowner throughout this Nation’s Courts?

SUNDAY on The Foreclosure Hour:

Will The California Supreme Court Restore The Evidentiary Due Process Rights Of American Homeowners, Finally Opening Up For Judicial Inspection The Underground Securitized Trust Banking System in the United States, When It Decides The Glaski, Yvanova, Keshtgar and Mendoza Appeals Pending Before It?  Don’t MissThis One!

Gary Dubin FHTHE FORECLOSURE HOUR
Sundays:  3 pm (HST) / 5 pm (PST) & 8 pm (EST) KHVH Radio Honolulu, Hawaii and on the Internet

Call toll free: (888) 565-8383

The topic for the Sunday, March 7th show:  Gary will address the most important question now before the entire foreclosure defense and securitized trust banking communities in the past fifteen years: Continue reading

The Moral Decay and Degradation to the American Society Stemming From the Foreclosure Judiciary

Judicial ActivismIt’s just an observation, but it certainly appears that foreclosure judges have been given orders to squash homeowners like a bug at the lower court level and if they can afford to appeal – maybe, just maybe, they might get some fair and balanced justice. The process so far has been highly unbalanced. Whether foreclosure judges are just not competent enough to understand the securitization, rehypothecation and securities scheme, or whether they’ve been told by higher-ups that if they don’t rule against homeowners all their pensions will be lost or the economy will crash – it’s just a bizarre and pathetic state of mind. Continue reading

The Foreclosure Hour – The Pathetic State of the Majority of Judicial Foreclosure Judge Decisions

This is the week to call in and discuss, air your observations, vent your frustrations and concerns of the foreclosure court judges’ actions when they are faced with tons of fraud and still rule in favor of the bank.

Gary Dubin FHTHE FORECLOSURE HOUR
3 pm (HST) / 5 pm (PST) / 8 pm (EST)

Call toll free: (888) 565-8383

The topic for the Sunday, February 8th show will be:

The Pathetic State of the Majority of Judicial Foreclosure Judge Decisions

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/

Two Judges Who Get It About Banks – Too Many Other Judges Don’t

Holm MissouriBig banks hold great sway in Washington these days, far more than troubled homeowners do. But outside the Beltway, many people remain caught in the maw of the financial giants, which is why it is heartening when some judges step into the fray.

Consider two opinions involving Wells Fargo, a bank that enjoys a somewhat better reputation than many of its peers. On Monday, a judge in a state court in Missouri ordered Wells to pay over $3 million in punitive damages and other costs for abusing a borrower. Then, on Thursday, a judge in Federal Bankruptcy Court in suburban New York ruled on behalf of another borrower, concluding that there was substantial evidence Wells Fargo forged documents when it foreclosed on a property. Continue reading

Policy Changes aka eNotes are Here! New Paragraph 11 in Promissory Notes.

monopoly_electronic_banking_editionWe’ve discussed UETA and eSign and the significance of explicit consent…in most cases pre-2008…there isn’t any. Here is a Indiana case that is riveting: Good v. Wells Fargo. Read it HERE.

In this case, Bryan Good stated that in this 2008 transaction there were apparently 2 notes. Wells Fargo asserts that Good signed an eNote with a new (policy change) paragraph 11 – and that is still not enough.

Yes – go get your promissory notes and look for paragraph 11. You probably won’t see it if your note pre-dates 2008. Continue reading

Every State Should – AUDIT LAND RECORDS

By Sydney Sullivan

“[L]and records across the country have been polluted, diluted, laundered and rendered useless by MERS (the Mortgage Electronic Registration System), and Landtegrity.com has posted a petition demanding answers from the White House,” wrote in the Huffington Post April 2103.

audit copy3

Buy Now Button with Credit CardsNo answers have been received. Now is time to prepare for the 2014 elections and get the point across. We need to unite and visibly display our discontent for the damage done to our property records. Let’s put a bumper sticker on every car!  
Order your bumper sticker now so that every politician can clearly see the #1 agenda on the minds of every homeowner in America is to clean up the land records. Continue reading

Mortgage Crisis 101 by Prof. John Campbell

Campbell soupWhile the foreclosure crisis might sound to some like duck soup, Professor John E. Campbell from the University of Denver Sturm College of Law has taken the time to dissect the issues in his Mortgage Crisis in a Nutshell video explaining precisely what has happened to homeowners and searching for the reasons why.

Prof. Campbell explains what has happened in the traditional sense and how Mortgage Electronic Registration Systems, Inc. participated in part of the scheme. He also discusses how and why the homeowners were not intentionally at fault.

In this one-hour video, Attorney John E. Campbell explains the main aspects of the mortgage crisis that has devastated the U.S. housing market and the economy. Watch the video and then let’s discuss securitization in a little more detail below. Continue reading

Computerized Robo-Signing: Is Green Tree Servicing Taking Robo-Fraud to a Whole New Level?

Never let it be said that where there is big money invested, there won’t be crooks in the kitchen.  It doesn’t matter how big you are there’s always a short cut that can that can potentially create more wealth – if you don’t get caught.

An investigator in the northwest uncovered just such a scam – so big that authorities claim it needs multi-state attention. It appears Green Tree Servicing has been flying under the radar and was hardly noticed until a recordation research team began uncovering similarly signed documents – yup, the old robo-signed Assignment of Mortgage trickery again… but this time new and improved via computer, maybe for speed and precision, ya think?

It appears the signatures are in the computer – no dummies needed to sign – just fill in the Continue reading

Part II – The Elites will Eat Their Own: Full-Blown Civil War Erupts On Wall Street

Part II:  Full-Blown Civil War Erupts On Wall Street: As Reality Finally Hits The Financial Elite, They Start Turning On Each Other

By David DeGraw

Continuing from Part I on DEADLY CLEAR:

You can read the suits filed against each individual bank here. For some more information read Bloomberg: BofA, JPMorgan Among 17 Banks Sued by U.S. for $196 Billion. Noticeably absent from the list of companies being sued is Wells Fargo.

And the suits just keep coming…

BANK CRIMESBofA sued over $1.75 billion Countrywide mortgage pool

Bank of America Corp (BAC.N) was sued by the trustee of a $1.75 billion mortgage pool, which seeks to force the bank to buy back the underlying Continue reading