Your weekly national foreclosure talk show.
Listen in. Call in. Make your voice heard.
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 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 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 →
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 →
ROSEVILLE, Calif. (KCRA) —With an estimated 1.3 million California homeowners in foreclosure, a Roseville attorney says the state Supreme Court has made a decision that could ultimately keep many from losing their homes. [Not to mention how many million foreclosed homeowners since 2005 – DC Ed.] Continue reading →