TFH 5/20/2018 | Foreclosure Workshop #59: Spadaro vs. Moore (Part Two) — A Two-Hour Special Concluding Our Examination of Foreclosure Deficiency Judgment Procedures and How and Why Most Courts Are Abandoning Traditional Judge-Made Equity Forfeitures

Categorized | STOP FORECLOSURE FRAUD

TFH 5/20/2018 | Foreclosure Workshop #59: Spadaro vs. Moore (Part Two) — A Two-Hour Special Concluding Our Examination of Foreclosure Deficiency Judgment Procedures and How and Why Most Courts Are Abandoning Traditional Judge-Made Equity Forfeitures

TFH 5/20/2018 | Foreclosure Workshop #59: Spadaro vs. Moore (Part Two) — A Two-Hour Special  Concluding Our Examination of Foreclosure Deficiency Judgment Procedures and How and Why Most Courts Are Abandoning Traditional Judge-Made Equity Forfeitures

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

.

Sunday – May 20, 2018

.

 ———————
Foreclosure Workshop #59: Spadaro vs. Moore (Part Two) — A Two-Hour Special Concluding Our Examination of Foreclosure Deficiency Judgment Procedures and How and Why Most Courts Are Abandoning Traditional Judge-Made Equity Forfeitures

 

 

 

—————————-

Three Sundays ago The Foreclosure Hour informed our listeners of the tragic story of Dr. Amanda Tucker, whose entire life savings, consisting of millions of dollars in real estate equity, was stolen from her because of antiquated judge-made common law deficiency judgment procedures still being inflicted today upon homeowners in many jurisdictions.

And that forfeiture occurred despite the earlier sworn testimony in Court of Dr. Tucker’s Banker that she was not even in default on her jumbo loans when she was sued for foreclosure.

For those listeners who missed that eye-opening broadcast, you will not only find the recording of the recent April 29, 2018 show featuring Dr. Tucker’s ordeal in the Past Broadcast Section of our Website at www.foreclosurehour.com, but we have also posted a convenient link there to our original February 2, 2014 broadcast featuring as our special guests not only Dr. Tucker, calling in live, but also her Banker, Clyde Engle on the telephone, at the time of her foreclosure summary judgment.

Then last Sunday, we aired the equally tragic story of Teresa Moore, whose hard money lender, John Spadaro, bid $100 at an AOAO judicial foreclosure, purchasing the property that was his collateral for her loan, arguably worth potentially even more than the amount of her mortgage debt, but who, not crediting her with the fair value of that loan collateral, proceeded to foreclosure judicially on her and on himself (!) by first transferring his title to a shell LLC of his without the knowledge of his foreclosure Judge, then securing an unjust enrichment deficiency judgment against her in addition to owning, renting out the property for years, and selling it after a second foreclosure, this time by him.

As pointed out in last week’s show, John Spadaro is one of many hard money lenders circling over vulnerable borrowers in every State, for better or worse, but hardly the worst of them all, being nevertheless encouraged to take advantage of vulnerable homeowners facing foreclosure due to traditional deficiency judgment procedures still prevalent in some States, what amounts to State-sponsored theft.

Mr. Spadaro called with numerous objections immediately after last Sunday’s show, and was invited to appear on this Sunday’s show or to provide a written statement to be read on today’s show, but has refused, instead providing The Foreclosure Hour with a series of emails vigorously disputing how he was portrayed.

On today’s show, to be fair, his objections in his absence will be summarized for our listeners.

Last Sunday’s show experienced technical difficulties at the studio during the first few minutes of the broadcast. As a result, we are repeating last Sunday’s show on the hour immediately following our regular broadcast today.

On the first hour today we will complete our examination of foreclosure deficiency procedures and the many issues involved in both the traditional and majority views by reporting on our research in all 50 States.

Most States today, at least 29 in number, have rejected traditional, mathematically-derived judicial foreclosure deficiency judgments based on subtracting net sale proceeds from amounts owed as inequitable, some even changing the procedures by judicial decision making pursuant to their equity jurisdiction where their legislatures have historically failed to act, in favor of fair (sometimes called true) value approaches crediting homeowners foreclosed on with the market value of foreclosed property at time of a confirmed auction sale.

Listeners will be interested to learn of the judicial foreclosure deficiency approach used in their individual jurisdiction.

Do you reside, for instance, in one of the four states whose judiciary still clings to the traditional common law view?

John Waihee and I hope you will listen in and join the Homeowners SuperPAC and help us put an end to unconscionable deficiency judgment abuses, the only basis for which, quoting Judge Oliver Wendell Holmes, is that “it was laid down in the time of Henry IV.”

Gary

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.

 

 

.
Host: Gary Dubin Co-Host: John Waihee

.

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

 

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Comments

comments

This post was written by:

- who has written 8947 posts on FORECLOSURE FRAUD | by DinSFLA.

CONTROL FRAUD | ‘If you don’t look; you don’t find, Wherever you look; you will find’ -William Black

Contact the author

Leave a Reply

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Advertise your business on StopForeclosureFraud.com

Archives