TFH 8/20 | Foreclosure Workshop #40: The Bank of New York Mellon v. R. Onaga, Inc. -- What Every Homeowner Needs To Know About How Courts Are Balancing the Appellate Rights of Foreclosed Homeowners Versus the Contract Rights of Subsequent Third-Party Purchasers

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TFH 8/20 | Foreclosure Workshop #40: The Bank of New York Mellon v. R. Onaga, Inc. — What Every Homeowner Needs To Know About How Courts Are Balancing the Appellate Rights of Foreclosed Homeowners Versus the Contract Rights of Subsequent Third-Party Purchasers

TFH 8/20 | Foreclosure Workshop #40: The Bank of New York Mellon v. R. Onaga, Inc. — What Every Homeowner Needs To Know About How Courts Are Balancing the Appellate Rights of Foreclosed Homeowners Versus the Contract Rights of Subsequent Third-Party Purchasers

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII

LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL)

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Sunday – August 20

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Foreclosure Workshop #40: The Bank of New York Mellon v. R. Onaga, Inc. — What Every Homeowner Needs To Know About How Courts Are Balancing the Appellate Rights of Foreclosed Homeowners Versus the Contract Rights of Subsequent Third-Party Purchasers

Homeowners facing foreclosure have a right to appeal, and in more and more situations foreclosure judgments are being reversed.

Meanwhile, before a foreclosure appeal may be reversed, an auction sale of property in foreclosure will be confirmed and foreclosed property will eventually be sold to third parties.

What happens to your property if you are foreclosed on and your property is sold to third parties and thereafter your foreclosure judgment is reversed on appeal?

This is this Sunday’s discussion topic.

If your foreclosure judgment is reversed based, for instance, on the foreclosing court having lacked jurisdiction, or summary judgment having been improperly granted, or due to fraud, can you get your property back?

The Bank of New York Mellon v. R. Onaga, Inc., a recently published opinion of the Hawaii Supreme Court, represents one of the few studied attempts to begin to definitively answer that perplexing question.

Listen to this Sunday’s radio show. Learn how the Hawaii Supreme Court, reversing the Hawaii Intermediate Court of Appeals, has begun to examine this increasingly important issue, and why its broad-sweeping conclusions are arguably faulty, favoring third-party purchasers.

Once again, here is another instance where The Rule Ritual is leading our Courts into error by failing to look to the reasoning behind rule statements, trampling on the rights of Homeowners in yet what is emerging as one of the next most important new areas in foreclosure defense.

And learn once again the inherent problems within the doctrine of stare decisis where the language of appellate decisions is crafted based entirely upon the arguments and narrow competence of the attorneys representing private litigants, as in Onaga, whose counsel along with the presiding judges overlooked equally relevant and equally controlling yet unaddressed issues.

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Host: Gary Dubin Co-Host: John Waihee

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The Foreclosure Hour 12

 

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