Your weekly national foreclosure talk show.
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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 →
In a Second Amended VerifiedComplaint filed against the Bank of New York Mellon (“BONY”), fka The Bank of New York and U.S. BANK NATIONAL ASSOCIATION, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006~WMC2 to Quiet Title, Hawaii Pro Se Plaintiffs Melvin Keakaku Amina and Donna Mae Amina won a big round #1 admirably defeating Defendant BONY’s Motion for Summary Judgment. The case, CIVIL NO. 11-00714 JMS/BMK, was originally filed on November 28, 2011 in Hawaii U.S. District Court and heard by the Honorable Judge J. Michael Seabright. Continue reading →
In the past, federal regulators have been known to include provisions that waived the ability of a company to write off the costs of a settlement. But since our banks are always considered Too Big To Fail, they are of course offered every consideration, and We the Continue reading →
Do Lenders Need To Hold Both Promissory Note & Mortgage At Foreclosure?
In a rare “sua sponte” (on their own) direct appellate review, the Massachusetts Supreme Judicial Court has agreed to hear an appeal considering the controversial “produce the note” defense in foreclosure cases and whether a foreclosing lender must possess both the promissory note and the mortgage in order to foreclose. Based on arguments asserted by the lender, the court may also consider the circumstances by which a mortgage granted to Mortgage Electronic Registration System (MERS) can be effectively foreclosed in Massachusetts. Continue reading →