Bank of America v. Reyes-Toledo (October 9, 2018) (Reyes-Toledo 2) — Hawaii Supreme Court Frees Hawaii Homeowners from Decades of Wrongful Federal Judicial Interference with Their State Court Foreclosure Defense Rights

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

Foreclosure Workshop #70: Bank of America v. Reyes-Toledo (October 9, 2018) (Reyes-Toledo 2) — Hawaii Supreme Court Frees Hawaii Homeowners from Decades of Wrongful Federal Judicial Interference with Their State Court Foreclosure Defense Rights, Which New Published Opinion Should Become a Model for Every State Judiciary

I have mentioned on numerous shows that the federal courts are generally a virtual graveyard for homeowners being foreclosed on, and I meant that as no exaggeration.

For I have been an eye-witness advocate to decades of the mindless arrogant slaughter of homeowners’ rights in federal courts, generally ignoring Truth-in-Lending rescissions, ignoring loan modification abuses, ignoring the lack of good faith and fair dealing in nonjudicial auctions, ignoring the adequacy of notice pleading, and ignoring the many fraudulent and undisclosed low visibility practices within MERS and REMIC securitized trust paper hocus pocus mumbo jumbo. Continue reading

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U.S. Bank v. Jewel Moore — Learn from Jewel Moore Live How She Was Victimized by the Foreclosure System in Kailua-Kona, Hawaii and What Her Case Teaches Us About the Reforms in the Foreclosure System That Are Desperately Needed

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

For years, following the Mortgage Crisis of 2008, lenders have been fined by regulators nearly one-half-trillion dollars, if not more, for admittedly submitting fraudulent loan documentation under oath in foreclosure cases in state and federal courts.

And more recently a growing number of state and federal judges have understandably denied lenders summary judgment where their supporting foreclosure documents have either been in violation of the rules of evidence or suspiciously or outright fraudulent.

Yet, despite all such welcome, albeit belated, official leadership, the legal system, including its appellate courts, have woefully lacked Continue reading

A Review and Analysis of Some of the Most Noteworthy July 2018 Judicial Decisions

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

Judges everywhere are beginning to rethink past judicial decisions in the foreclosure area as it becomes more and more evident that fraud and deception have predominated behind the scenes in foreclosure cases nationwide.

This rethinking has led to a growing number of monthly attempts by more and more state and federal court judges, albeit as yet too few, to give more attention to their foreclosure cases.

This past month, for instance, a number of noteworthy judicial decisions both at the trial level and on appeal have been handed down potentially generating new foreclosure defenses in several state and federal jurisdictions that our listeners need to know about and Continue reading

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’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