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

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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’s the Rules of Evidence Stupid: 25 Ways in Which Foreclosure Attorneys Are Knowingly Committing Fraud on Our State and Federal Courts

Sunday, February 4, 2018 – 3 PM HST
(Rebroadcast from June 14, 2015 – Its Super Bowl Sunday – everybody deserves a day off now and then)
Upcoming Discussion for Sunday’s THE FORECLOSURE HOUR
Sundays: 3 pm (HST) / 5 pm (PST) / 8 pm (EST). Click HERE to listen.
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Not very long ago lenders filing foreclosure actions merely went into court filing affidavits that a borrower was behind in mortgage payments, offering into evidence virtually no specific documentation, not even a loan payment accounting known as the “loan general ledger.”

Notwithstanding whatever evidentiary challenges borrowers might have made previously, unlike in other areas of American Law, foreclosure judges would merely take a foreclosing plaintiff’s printed word for it. Continue reading

A Year-End Special: Firsthand Comments and Experiences of Our Listeners Battling Foreclosures Nationwide

A Year-End Special: Firsthand Comments and Experiences of Our Listeners Battling Foreclosures Nationwide

This Sunday’s Show will air in Hawaii at 2:00 p.m. (HST) instead 3:00 p.m., its otherwise regular time. Honolulu KHVH Radio & Internet. The Foreclosure Hour

 

John and I receive thousands of letters, emails, and voice mail messages annually from our listeners from just about every State and some foreign countries, detailing their personal experiences trying to fend off foreclosures and evictions.

Time limitations naturally permit us to personally respond to only a few.

We thought that we would, therefore, start a new tradition by reading some of those experiences on our year-end show(s) enabling us to respond in that way to more inquiries. Continue reading

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

Why Homeowners Should Be Allowed To Use a Writ of Mandamus Against a Foreclosure Judge Ruling Contrary to State Court Appellate Precedent

SUNDAY’S THE FORECLOSURE HOUR
SUNDAYS: 3 PM (HST) / 6 PM (PST) / 9 PM (EST). CLICK HERE TO LISTEN.

Why Homeowners Should Be Allowed To Use a Writ of Mandamus Against a Foreclosure Judge Ruling Contrary to State Court Appellate Precedent.

One of the most important and well-recognized responsibilities of an appellate court is to effectively supervise lower courts in order to foster not only correctness and uniformity in judicial decision making but also adherence to its appellate opinions.

Historically there were two distinct means of achieving such effective supervision, notices of appeal and mandamus writ petitions, the latter a much quicker appellate procedure, yet more recently appellate review has become favored over mandamus review for numerous institutional reasons. Continue reading

Ten Most Important Ways of Surviving Foreclosure Summary Judgment Proceedings

SUNDAY’S THE FORECLOSURE HOUR
SUNDAYS: 3 PM (HST) / 6 PM (PST) / 9 PM (EST). CLICK HERE TO LISTEN.

Foreclosure Workshop #30: An Updated Working Checklist of the Ten Most Important Ways of Surviving the Rule Ritual in Foreclosure Summary Judgment Proceedings

Those of our listeners who have heard our last few shows, now posted on our website, understand for the first time the way in which the Rule Ritual has disadvantaged American Homeowners by fostering an erroneous approach to legal reasoning historically causing the misapplication of foreclosure rules, particularly in summary judgment proceedings, the most important event in any foreclosure case.

On this Sunday’s radio show we will turn the tables on the Rule Ritual and explain how you can ironically take advantage of the Rule Ritual to actually defeat a foreclosure summary judgment by using ten important defenses in rebuttal to the vast majority of those foreclosure judges still merely concerned with whether or not you have paid your mortgage. Continue reading

Why Do Lower Court Foreclosure Judges Appear to be So Dense?

SUNDAY’S THE FORECLOSURE HOUR
SUNDAYS: 3 PM (HST) / 5 PM (PST) / 8 PM (EST). CLICK HERE TO LISTEN.

The Rule Ritual: Revealing for the First Time the Centuries Long Hidden Linguistic Origin of Rule Enterprise Reasoning Misleading Today’s Foreclosure Courts

The Foreclosure Hour this Sunday turns attention away from individual cases to share with listeners some original basic research.

We will for the first time anywhere reveal new insight into the foreclosure crisis by challenging the basic philosophy behind the traditional legal reasoning of American Courts and hence of the entire legal profession.

On this Sunday’s live show we will explore the deep-seated, heretofore unseen semantic causes of the foreclosure crisis and the even 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

The Coming Public Pension Meltdown: How Kingpins Fannie Mae and Freddie Mac Were Used To Steal Public Pension Funds

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

The Coming Public Pension Meltdown: How Fannie Mae and Freddie Mac Were Used To Steal Public Pension Funds, Where Did All the Money Go, Who Has Been Covering Up the Theft, and How Every Homeowner Has Been and
Will Be Further Harmed by One of the Biggest Yet Still
Largely Concealed Financial Ripoffs in American History

Gary Dubin FHWe all know the devastating effects that the 2008 mortgage crisis has had on the American economy generally and tens of millions of homeowners personally and their families in the United States, while Pontius Pilate-like, federal and state judges and legislators have mostly looked the other way.

We are now faced with a yet even bigger, approaching financial disaster that this Nation’s local and state governments are equally unprepared for: the coming public pension meltdown that the federal government this time lacks the otherwise needed huge financial resources to adequately deal with. Continue reading