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Sunday –  June 11

6/11 | Foreclosure Workshop #35: Szymanski v. Wailea Resort Company, Ltd. — Despite Due Process and Equal Protection Requiring “Like Cases Be Treated Alike,” Homeowners in Foreclosure Have Had Those Constitutional Rights Violated Daily by American Courts.

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One of the central purposes of the Foreclosure Hour has been to inform everyone what actually transpires in American courts.

Centuries ago, in the absence of the printing press there were virtually no law books and very little means of effective communication except the pony express, and only those who actually sat in courtrooms knew what the law really was in terms of what judges actually did.

Sociologists have long taught, for example, that there is in every jurisdiction still a very sharp difference between “the law on the books” and “the law in action.”

Today, despite law books overcrowding library shelves, the availability of speedy electronic research, and increases in TV attorney talking heads, still judges carry on like feudal barons in control of their own individual fiefdom, which is not to say that they are all dictators or want to be, but only that as a practical matter there is little coordination between them or supervision of them, guaranteeing unequal treatment of homeowners in every jurisdiction.

This is especially and painfully known firsthand to millions of homeowners trapped in foreclosure proceedings in recent years.

There is, for instance, no more universally acknowledged principal of justice in virtual every legal system, past and present and future, known to humankind, from tribal days on, than “like cases should be treated alike,” an often termed “natural law concept” embedded in federal and state constitutions under the rubrics of “due process” and “equal protection.”

Yet even such acknowledged cornerstone protections predating all federal and state constitutions have been more than frequently denied American homeowners facing foreclosure, whether it be with respect, for instance, to getting a stay pending appeal, challenging a pretender lender’s standing, calculating a deficiency judgment, applying standard contract doctrines such as adhesion, allowing redemption following confirmation of sale, and, perhaps of extra importance, disqualifying a presiding judge based on appearances of partiality, particularly as a result of stock ownership in an opposite party.

There is likely not a single one of our listeners personally unfamiliar with such abuses, made doubly disturbing when understood in the context of unequal treatment.

On this Sunday’s Foreclosure Hour we will lift that veil of ignorance that appears to have clouded a recognition and understanding of “the law in action” doubly abusing homeowners, providing some extremely troubling yet representative examples of such fundamental violations within and between United States jurisdictions, why they exist, and how they could easily be resolved with new leadership from state legislators and state appellate courts, requiring urgently needed institutional redesign.

Are any legislators and judges listening?

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