COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII
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Sunday – July 16
Foreclosure Workshop #36: United States v. Sierra Pacific Industries, Inc. — Unraveling the Mysteries of Rule 60 for Homeowners
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More and more, homeowners are being confronted with the need and desire to return to court to seek relief from foreclosure judgments as new judicial decisions are being announced and new evidence of mortgage fraud is being uncovered nationally.
The major allowable method for doing so in addition to an appeal is Rule 60, the language of which most States have borrowed from the federal system, often the only means of setting aside a foreclosure judgment since appeals depend on evidence already in the lower court record.
On today’s show we will explore some of the main intricacies and misunderstandings regarding how Rule 60 is being applied to homeowners saddled with fraudulent foreclosure judgments, and how that Rule can be effectively used in foreclosure defense.
When can clerical mistakes in a foreclosure judgment be corrected using Rule 60(a)?
When can excusable neglect be used pursuant to Rule 60(b)(1) to set aside a foreclosure judgment?
When can newly discovered evidence be used pursuant to Rule 60(b)(2) to set aside a foreclosure judgment?
When can fraud pursuant to Rule 60(b)(3) be used to set aside a foreclosure judgment?
When is a foreclosure judgment considered void so as to be set aside pursuant to Rule 60(b)(4)?
When can a foreclosure judgment pursuant to Rule 60(b)(5) be set aside based on the retroactive application of new judicial decisions?
When can a foreclosure judgment pursuant to Rule 60(b)(6) be set aside based on mistakes made by foreclosure defense counsel or based on various other exceptional circumstances?
Listen live or on the past broadcast section of our website at www.foreclosurehour.com when this Sunday’s show is posted for the answers, only available on The Foreclosure Hour.
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