November, 2018 | FORECLOSURE FRAUD | by DinSFLA

Archive | November, 2018

TFH 11/11 | Ten Common Misstates That Many Homeowners and Even Many of Their Attorneys Continue To Make in Defending Foreclosures

TFH 11/11 | Ten Common Misstates That Many Homeowners and Even Many of Their Attorneys Continue To Make in Defending Foreclosures

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 – November 11, 2018

Ten Common Misstates That Many Homeowners and Even Many of Their Attorneys Continue To Make in Defending Foreclosures

.

 ———————

 

On past shows John and I have identified many of the mistakes that homeowners and their counsel have been committing while defending against state and federal foreclosures, often resulting in eviction.

Today we highlight and summarize ten such major common mistakes that are still dominant today which, properly understood, could save your home, including the following:

1. Foreclosure litigation is not a static but a dynamic sport, success in which intellectual battle requires an ever changing awareness and constant understanding that nothing is preordained.

2. The outcome of your case will depend not necessarily upon what the law is, but who your judge is, including your adjusting to his or her past decisions and institutional pay grade.

3. Success in foreclosure litigation depends upon basing your arguments in court not upon generalizations but upon your specific facts, and primarily upon the controlling judicial decisions in your jurisdiction and not elsewhere except as used as persuasive authority.

4. Homeowners in foreclosure need to avoid most Internet foreclosure defense advice, any use of generalized foreclosure defense forms, reliance alone on forensic audits, paying for assistance in preparing loan modification applications, and all deceptive mortgage rescue scams.

5. Foreclosure defendants need to avoid being overcome by a dead beat psychosis, blaming yourself for the foreclosure, and causing divorce, depression, illness, drug addiction, and even suicide, when in fact most foreclosures are usually not entirely or even partially a homeowner’s fault.

6. You should marshal your financial resources to delay or to defeat eviction whatever your goal may be, filing a Chapter 7 bankruptcy petition only as a last resort and only if evicted unless needing earlier to discharge other debts.

7. Do not make a fool out of yourself in court by arguing unavailing defenses, such as the Justice Mahoney defense, the copyrighted name defense, the Hawaiian Kingdom or Spanish Land Grant defense, the Postal Court defense, the Admiralty Law defense, and/or the DC defense.

8. Do not consider a loan modification as a gift, but as your federal right and your lender having a duty to grant you one, and specifically document both the contents and the timing of your loan modification application with witnesses’ signatures properly notarized, and when turned down internally appeal and if necessary thereafter sue.

9. Do not file lengthy memoranda of law in court. Winning based on “the weight of the evidence” does not mean how much your papers weigh. Get right to the point. Many judges typically only will read the first few pages and eye scan the rest. Avoid defending with empty labels like “fraud” and “predatory lending” and “robo-signer,” which unless fully explained and documented mean nothing by themselves and will turn away your judge.

10. Do not agree to stipulate or accept any fact submitted by your lender. Deny every material fact. Make your lender prove with evidence based on personal knowledge every material burden of its required proof, including its having sent you an accurate notice of default and to the correct address, the contents your loan general ledger, and its standing to bring the foreclosure action against you.

Listening to today’s show hopefully will save many more homes from foreclosure. One might be yours.

Please remember that most of the Nation (except Hawai’i which remains on standard time) went back to standard time last week.

As a result, The Foreclosure Hour is now heard live one hour earlier on most of the Mainland on iHeart Radio on the Internet, which live show however repeats itself streaming the following hour on iHeart Radio for those who missed our live broadcast.

Gary Dubin

.
Host: Gary Dubin Co-Host: John Waihee

.

CALL IN AT (808) 521-8383

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

 

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



Posted in STOP FORECLOSURE FRAUD0 Comments

He never missed a payment, but the bank still foreclosed on his home anyway

He never missed a payment, but the bank still foreclosed on his home anyway

WLTX-

Marcus Green knows the stress and anger of a customer-service nightmare.

The repetitive phone calls to a string of service agents, each telling him something different.

Letters demanding a resolution that never comes.

He also knows what it’s like when what’s at stake is his most important possession: his home.

“They said, ‘Oh, yeah, we’re gonna get this house.’ I said, ‘You’re going to get this house?’ They said, ‘Yeah.’ I said, ‘Well, is there anything I can do? Is there anyone I can talk to?’ They say, ‘No,’” Green said.

Green sued his mortgage lender, Chase Home Finance, after the bank foreclosed on his New Orleans East home in 2011. Chase tried to take the house shortly after Green rebuilt it using flood insurance proceeds from Hurricane Katrina, and Green’s attorney, Marc Michaud, argues in court filings that Chase committed fraud to justify foreclosing on him.

[WLTX]

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



Posted in STOP FORECLOSURE FRAUD2 Comments

Wells Fargo Executives Knew How Screwed Up Their Car Insurance Program Was for Years: Lawsuit

Wells Fargo Executives Knew How Screwed Up Their Car Insurance Program Was for Years: Lawsuit

JALOPNIK-

Bank scandals, electric-vehicle production, carmakers spending cash like a kid with too big of an allowance, recall investigations and how the midterm elections affected legislators who deal with the auto industry. All of that and more in The Morning Shift for Wednesday, Nov. 6, 2018.

1st Gear: Here Comes the “You Knew About It” Lawsuit

The new Wells Fargo “re-established in 2018” commercials are all nice and “We’re sorry we screwed up” and all, but its scandals extend wide and far. Just get a load of this one: Reuters reports that a new lawsuit alleges Wells Fargo executives knew how bad the bank’s auto-insurance program was for years.

Our big breakdown on the Wells Fargo insurance scandal is here, but, to be quick: The bank forced around 800,000 people to purchase insurance they didn’t need along with their car loans, pocketing millions that it’s now having to pay back. Wells Fargo called it “collateral protection insurance,” or CPI.

[JALOPNIK]

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



Posted in STOP FORECLOSURE FRAUD0 Comments

Wells Fargo now estimates that about 545 homeowners lost their homes after they were “incorrectly denied” a loan modification or deemed ineligible to apply.

Wells Fargo now estimates that about 545 homeowners lost their homes after they were “incorrectly denied” a loan modification or deemed ineligible to apply.

CNN-

Wells Fargo has identified 145 more customers whose homes were foreclosed on because of an apparent computer glitch.

The embattled bank first revealed a disastrous “calculation error” in its mortgage modification underwriting tool in August.
Wells Fargo (WFC) said in a filing on Tuesday that an expanded review found additional “errors” that inflated estimates of attorneys’ fees for homeowners in the foreclosure process.
Legal fees are taken into account when banks determine if customers qualify for mortgage modifications or repayment plans. Wells Fargo said homeowners were not actually charged the inaccurate attorney costs.
[CNN]
© 2010-18 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUD0 Comments

1st Cir. Confirms Rooker-Feldman Barred Borrower’s State and Federal Law Claims

1st Cir. Confirms Rooker-Feldman Barred Borrower’s State and Federal Law Claims

Lexology-

The U.S. Court of Appeals for the First Circuit recently affirmed dismissal of a borrower’s state and federal law claims, concluding that the trial court lacked jurisdiction under the Rooker-Feldman doctrine, because the borrower’s federal suit sought to invalidate the state courts’ judgments.

A copy of the opinion in Klimowicz v. Deutsche Bank National Trust Company is available at: Link to Opinion.

After a borrower defaulted on her mortgage loan, the assignee to the borrower’s mortgage (“mortgagee”) filed a petition in the Massachusetts Land Court to foreclose the mortgaged property. Final judgment was entered in the mortgagee’s favor, and the property was sold to the mortgagee at a foreclosure sale.

The mortgagee then turned to the state’s county Housing Court and filed a summary process action to evict the borrower, who in turn filed a counterclaim. After lengthy motion practice, and challenges to the validity of the mortgage assignment, the mortgagee was eventually awarded possession of the property. The borrower’s appeal of the final judgment in the eviction action was dismissed for failure to post bond.

[LEXOLOGY]

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



Posted in STOP FORECLOSURE FRAUD0 Comments

TFH 11/4 | Ten Major Myths Versus Realities in Foreclosure Litigation

TFH 11/4 | Ten Major Myths Versus Realities in Foreclosure Litigation

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 – November 4, 2018

Ten Major Myths Versus Realities in Foreclosure Litigation

.

 ———————

 

John and I been discussing on past shows the increasing yet frustratingly slow changes in favor of homeowners taking place today in foreclosure litigation in many States, particularly in Hawaii which developments we highlighted on last week’s show.

Mainly responsible for all of these changes are shifting public and judicial attitudes regarding the archaic unfairness of an ancient common law foreclosure system, largely inherited from English law.

Those of us committed to reversing so many still entrenched attitudes unfairly harming homeowners can ultimately only succeed if we openly challenge such misguided received legal traditions, in effect, amounting to historical brainwashing, improperly hiding behind such doctrines as stare decisis and res judicata.

In doing so, we must expose and openly challenge at least ten major myths underlying those entrenched attitudes, which are the subject of today’s show, including the following departures from reality:

Myth # 1: Foreclosure defendants want a free house.

Myth #2: Foreclosure auctions produce fair sale prices.

Myth #3: Recorded loan documents are trustworthy.

Myth #4: Foreclosures promote market stability.

Myth #5: Foreclosure defendants have no standing to challenge securitized trust documents.

Myth #6: Stare Decisis and Res Judicata cannot be challenged in foreclosure litigation.

Myth #7: Attorney affirmations have evidential weight.

Myth #8: Mortgage and Trust Deed Notes are negotiable instruments.

Myth #9: The mortgage follows the note.

Myth #10: Foreclosure judges are dishonest.

Listen to this Sunday’s show to match reality against these ten major myths.

And please remember that most of the Nation (except Hawai’i which remains on standard time) goes back to standard time today.

As a result, The Foreclosure Hour will now be heard live one hour earlier on most of the Mainland on iHeart Radio on the Internet, which live show however repeats itself the following hour on iHeart Radio as well for those who missed our live broadcast.

Gary Dubin

.
Host: Gary Dubin Co-Host: John Waihee

.

CALL IN AT (808) 521-8383

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

 

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



Posted in STOP FORECLOSURE FRAUD1 Comment

RENALDO vs DEUTSCHE BANK NATIONAL TRUST | FL 4DCA – we find that the Bank failed to prove compliance with the condition precedent of mailing Borrowers a default notice as required by paragraph 22 of the mortgage. Thus, we reverse and remand for the trial court to enter an order of involuntary dismissal.

RENALDO vs DEUTSCHE BANK NATIONAL TRUST | FL 4DCA – we find that the Bank failed to prove compliance with the condition precedent of mailing Borrowers a default notice as required by paragraph 22 of the mortgage. Thus, we reverse and remand for the trial court to enter an order of involuntary dismissal.

Renaldo vs Deutsche Bank National Trust by DinSFLA on Scribd

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



Posted in STOP FORECLOSURE FRAUD0 Comments

Deutsche Bank National Trust Company, etc. v. Noll | Florida’s Second DCA Clarifies on Standing if New Case is Commenced While the Clerk Possesses the Note

Deutsche Bank National Trust Company, etc. v. Noll | Florida’s Second DCA Clarifies on Standing if New Case is Commenced While the Clerk Possesses the Note

JD SUPRA-

On October 31, 2018, Florida’s Second District Court of Appeal recently distinguished two of its prior opinions and held that a foreclosure plaintiff does not lose its standing as a holder of a negotiable instrument if it surrenders a promissory note to the clerk of court for purposes of obtaining a foreclosure judgment, and later re-files the action without retaking possession of the note from the clerk.

Two prior opinions from the Second District Court of Appeal, Partridge v. Nationstar Mortgage, LLC, 224 So. 3d 839 (Fla. 2d DCA 2017) and Geweye v. Ventures Trust 2013-I-H-R, 189 So. 3d 231 (Fla. 2d DCA 2016) were often misinterpreted by foreclosure defense counsel as holding that a foreclosure plaintiff that surrenders the note and mortgage somehow loses the necessary standing to commence a new foreclosure action.

However, in the opinion issued in Deutsche Bank National Trust Company, etc. v. William Noll, 2D16-5635, the Second District Court of Appeal clarified its prior opinions, stating that:

“At issue in Partridge was a purported assignment of the mortgage, but not the note, after the original note was filed with the court in the prior foreclosure action instituted by a different plaintiff. Geweye, on which this court relied in Partridge, did not address whether the plaintiff had standing at the inception of the action. Rather, the court held that the substituted plaintiff lacked standing to enforce the note at the time of trial despite the original note having been in the court file because the evidence established the mortgage, but not the note, had been assigned to the plaintiff. This case does not turn on the effectiveness of a post-commencement assignment after the original note was surrendered to the clerk.” (internal citations and quotations omitted)

[JD SUPRA]

165635_39_10312018_08570471_i by DinSFLA on Scribd

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



Posted in STOP FORECLOSURE FRAUD0 Comments


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

Archives