We’ve all waited with bated breath for the “Happening” of the California Supreme Court decision in Yvanova vs. New Century Mortgage Corporationa 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 →
Hawaii attorney Gary Dubin and
co-host [former Hawaii Governor] John Waihee and special guest, consumer advocate, Virginia Parsons, will examine the hundreds of TRILLIONS of dollars (yes, hundreds of trillions) used to bail out the big banks and why the bailout nevertheless failed, and what the realistic options of American homeowners are now. Don’t miss this one – but if you do it will be posted after the show airs onwww.foreclosurehour.com. Continue reading →
Hawaii attorney Gary Dubin and
co-host [former Hawaii Governor] John Waihee will discuss the American Judicial System: The Recent Lessons of the Foreclosure Crisis Reveal Why It Is an Historically Failed Institution. Don’t miss this one – but if you do it will be posted after the show airs onwww.foreclosurehour.com.
Just when you think you’ve heard it all – and it just couldn’t get any worse than the last case… Well, in all honesty the following shockingly sad story is true – but if you have high blood pressure or a weak stomach for incompetent attorneys, or judicial conspiracy – you may not want to read or listen to it right before you go to bed because it contains facts and rulings that some readers and lawmakers may find disturbing.
Let’s start first with the disclaimer that not all attorneys or judges are created equal. And as Honolulu foreclosure defense attorney Gary Dubin puts it – “this story is just crazy” – it is morally bankrupt from top to bottom. This is a saga about a homeowner that was not in default, was sued in a falsified foreclosure action, the bank admitted it made mistakes, the homeowner retained attorneys that filed the homeowner in a Chapter 7 bankruptcy (liquidation) when she had no debt (apparently not the best move?) – (BTW the link to Bar Grievances in on the DC front page right hand sidebar) – and the judges in both the bankruptcy and circuit courts ignored the fraud filed in their courts and ruled against the homeowner.
After JPMorgan Chase’s $13 billion mortgage settlement emerged this week, Jamie Dimon held a conference call with analysts. “It could’ve been somebody else,” the bank’s chief executive said. Who is next on the list?
In a news analysis in The New York Times, Peter Eavis wrote that “there were plenty of other big subprime players — Countrywide Financial, Merrill Lynch and even foreign institutions like Deutsche Bank and Royal Bank of Scotland among them.” Continue reading →