TFH 9/10 | Foreclosure Workshop #43: Green Tree Servicing LLC v. Ryan -- Ten Common Mistakes that Foreclosure Judges Make that All Homeowners Need To Be Aware of

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TFH 9/10 | Foreclosure Workshop #43: Green Tree Servicing LLC v. Ryan — Ten Common Mistakes that Foreclosure Judges Make that All Homeowners Need To Be Aware of

TFH 9/10 | Foreclosure Workshop #43: Green Tree Servicing LLC v. Ryan — Ten Common Mistakes that Foreclosure Judges Make that All Homeowners Need To Be Aware of

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 – September 10

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Foreclosure Workshop #43: Green Tree Servicing LLC v. Ryan — Ten Common Mistakes that Foreclosure Judges Make that All Homeowners Need To Be Aware of

 

The legal system has developed virtually little if any effective avenues of internal communication among courts and among jurisdictions.

Instead, courts continue to rely principally upon a centuries old decision making model that places principal responsibility upon the parties to bring the law to a court’s attention, unlike generally the European Civil Law System.

As a result, despite new case precedents, new judicial decisions from higher courts often continue to escape notice in lower courts.

This is particularly true due to the adversary system where dishonest and/or go-with-the-flow foreclosure attorneys argue to courts only the law which favors their clients or misstate the law to seek unfair advantage.

This is epidemic in foreclosure cases, illustrated in a current case in Hawaii, Green Tree Servicing v. Ryan, probably identical in many ways to cases in our listeners’ individual jurisdictions.

We therefore hope that an analysis of this case today will assist many others listening in.

Some of the issues that the Ryan case illustrates:

1. Does a court have an independent obligation to itself review the record before granting summary judgment?

2. Does a voluntary merger automatically transfer ownership of a mortgage loan to the successor company?

3. Is a default notice served years earlier prior to the filing of a foreclosure complaint still contractually and legally valid?

4. If a borrower does not answer a foreclosure complaint, does a default confer jurisdiction on a court where the complaint, verified or not, states that the foreclosing plaintiff is the holder of the note at the time the foreclosure complaint was filed?

5. Can a foreclosing plaintiff secure both a default judgment and a summary judgment at the same time or is a foreclosing plaintiff required to make an election between inconsistent remedies?

6. Does the representative of a current loan servicer possess any personal knowledge of the loan documentation processed by prior loan servicers?

7. Is Fannie Mae or Freddie Mac the real owner and holder of the note pursuant to its Servicing Guidelines, intentionally seeking to hide its ownership from courts, and if so why is it doing that?

8. Have the homeowner’s rights to discovery been violated by the timing of the filing of a motion for summary judgment?

9. Has the court mishandled the processing of case paperwork to the prejudice of a homeowner?

10. Did the original foreclosing plaintiff possess the note when it filed for foreclosure and when it supposedly transferred the note to the current foreclosing plaintiff?

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Host: Gary Dubin Co-Host: John Waihee

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The Foreclosure Hour 12

 

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