TFH 3/18/18 | Foreclosure Workshop #55: HSBC Bank vs. Marcantonio — Extending Due Process and Equal Protection to Homeowners Challenging Standing in Foreclosure Proceedings

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TFH 3/18/18 | Foreclosure Workshop #55: HSBC Bank vs. Marcantonio — Extending Due Process and Equal Protection to Homeowners Challenging Standing in Foreclosure Proceedings

TFH 3/18/18 | Foreclosure Workshop #55: HSBC Bank vs. Marcantonio — Extending Due Process and Equal Protection to Homeowners Challenging Standing in Foreclosure Proceedings

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)

ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET

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The planned show today will air next week. The outside AM station had a glitch. See you NEXT Sunday – March 18, 2018

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Foreclosure Workshop #55: HSBC Bank vs. Marcantonio — Extending Due Process and Equal Protection to Homeowners Challenging Standing in Foreclosure Proceedings

 

 

 

 

SPECIAL NOTE: DAYLIGHT SAVINGS TIME BEGINS ON MOST OF THE U.S. MAINLAND THIS SUNDAY. AS A RESULT, SINCE HAWAII DOES NOT SWITCH TO DAYLIGHT SAVINGS TIME, ONCE AGAIN STARTING THIS SUNDAY THE FORECLOSURE HOUR WILL BE HEARD AT 6:00 PM PACIFIC TIME AND 9:00 PM EASTERN TIME ON THE IHEART INTERNET RADIO APP, ALSO REPEATED THE FOLLOWING HOUR ON IHEART RADIO.
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For too long our state and federal courts have inexplicably applied to homeowners in foreclosure proceedings different rules than have been applied to other civil litigants, most notably rules pertaining to the requirements of the law of evidence, especially to the extent that such evidentiary requirements are considered to be “jurisdictional.”

Such discriminatory evidentiary treatment has nowhere been more evident than in the area of “standing,” the right of a foreclosing plaintiff to bring and to prosecute a foreclosure action against named mortgagors by first proving that it has the right to enforce the mortgage loan.

Without standing, a foreclosure lawsuit will be dismissed. There exists no more powerful a defensive weapon for homeowners.

On last Sunday’s show we identified 21 major standing issues or contexts in foreclosure litigation today where standing can be challenged, that homeowners need to be aware of, which list we posted with the audio of last Sunday’s show on our website at www.foreclosurehour.com, and that are becoming the principal focus of foreclosure defense nationwide.

Although a growing number of thoughtful appellate courts have adopted the “standing-at-inception” requirement, for instance, for foreclosing plaintiffs discussed on prior shows, lower trial and lower appellate courts, even in those forward thinking jurisdictions, have nevertheless, as usual, sought to limit and to undermine those improved homeowner protections.

This Sunday’s Workshop will attempt, time permitting, to examine those 21 major standing issues in detail by reviewing and analyzing the case of HSBC Bank v. Marcantonio, which uniquely previews and illustrates virtually every one of those standing issues which are destined to eventually similarly come before the courts in every jurisdiction.

Be prepared. Learn how courts are mindlessly curtailing the equal jurisdictional rights of homeowners, ignoring lack of standing and elevating finality over validity, by misapplying the rules, an intellectual malady known to our listeners as “The Rule Ritual,” invoking, for instance, in opposition to common sense, the res judicata doctrine, artificial pleading requirements, lazy abstention doctrines, laches, waiver, forfeiture, Rooker-Feldman, and inapplicable third-party purchaser roadblocks.

A clearer understanding by you and by your attorney, if any, concerning how to argue standing issues in a variety of procedural and substantive contexts could save your home from foreclosure.

And, of course, join the Homeowners SuperPAC today (“HPAC”) and add your personal support for keeping The Foreclosure Hour on the air and for securing Due Process and Equal Protection rights for all homeowners.

Gary Dubin

Please go to our website, www.foreclosurehour.com, and join your fellow homeowners in the Homeowners SuperPac today.

A Membership Application is posted there waiting for your support.

 

 

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Host: Gary Dubin Co-Host: John Waihee

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CALL IN AT (808) 521-8383 OR TOLL FREE (888) 565-8383

Have your questions answered on the air.

Submit questions to info@foreclosurehour.com

The Foreclosure Hour is a public service of the Dubin Law Offices

Past Broadcasts

EVERY SUNDAY
3:00 PM HAWAII 
6:00 PM PACIFIC
9:00 PM EASTERN
ON KHVH-AM
(830 ON THE DIAL)
AND ON
iHEART RADIO

The Foreclosure Hour 12

image: thetechsafehome.com

© 2010-18 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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One Response to “TFH 3/18/18 | Foreclosure Workshop #55: HSBC Bank vs. Marcantonio — Extending Due Process and Equal Protection to Homeowners Challenging Standing in Foreclosure Proceedings”

  1. Informative post. Helpful indeed. Thanks for sharing.

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