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Sunday –  May 7

Foreclosure Workshop #32: U.S. Bank v. Kim — Lessons Learned from 35 Years of Foreclosure Defense in Hawaii, Identifying Five Common Major System Deficiencies Urgently Needing Reform in Every State.
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It should be obvious that no one designed the present American foreclosure system.

Far from any intelligent planning, the States merely adopted European foreclosure, eviction, and deficiency judgment models created at a time when both the King and Lenders “could do no wrong.”

English history, particularly in its beginnings, afforded mortgagors little protections, and most American States, voting to join the Union, matter-of-factly adopted English common law with little thought given to borrowers’ rights.

Gradually, however, the increasing abuses generated by the English foreclosure common law became evident and efforts were made in virtually every State to remedy those abuses.

The efforts at reform nevertheless have proven especially complex and elusive due largely to the interaction of federal and state laws, resulting in what can fairly be called the present federal-state jurisdictional decision making quagmire.

To better understand the history of foreclosure defense in the United States and how we got here, it is instructive to review the last 35 years of foreclosure defense in Hawaii legal history, a microcosm of the disastrous situation found today in all States.

The Foreclosure Hour for the first time anywhere on today’s show will examine the five lessons learned from the struggle to secure fair treatment for mortgage borrowers in Hawaii, highlighting, it is submitted, what needs to be urgently done not only in Hawaii but similarly in all States unless the present slaughter of American Homeowners is allowed to indefinitely continue, meanwhile subverting all attempts at fair reform.

It makes little sense to assume that even the best sounding reforms on paper at least will ever succeed and American Homeowners ever avoid the brutality in which they are still being evicted from their homes until the five system deficiencies identified on today’s show are confronted and remedied.

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