TFH 11/18 | Introducing a New, More Powerful Foreclosure Defense Being Revealed Exclusively for the First Time to Our Foreclosure Hour Listeners

Categorized | STOP FORECLOSURE FRAUD

TFH 11/18 | Introducing a New, More Powerful Foreclosure Defense Being Revealed Exclusively for the First Time to Our Foreclosure Hour Listeners

TFH 11/18 | Introducing a New, More Powerful Foreclosure Defense Being Revealed Exclusively for the First Time to Our Foreclosure Hour Listeners

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 18, 2018

Introducing a New, More Powerful Foreclosure Defense Being Revealed Exclusively for the First Time to Our Foreclosure Hour Listeners

.

 ———————

 

Pretender lenders and their securitized trust colleagues have shown great imagination and skill in adjusting to increased judicial supervision, time and time again.

Armed with unlimited funds and professional battalions of well paid lawyers, they have been able to circumvent increased intended governmental safeguards and consumer protections against securitized trust predatory lending abuses, despite at least on the surface good faith attempted oversight by this Nation’s state and federal legislative, executive, and judicial regulatory and adjudicatory institutions.

They have done so successfully by taking advantage of the high costs of foreclosure litigation, while hiding behind the intellectual concept of the traditional mortgage/trust deed model and related centuries old statutes and case law precedents protected by stare decisis.

And when their abuses have been identified, they have purchased their way out of constantly reported regulatory criticisms by paying relatively minor monetary sanctions when compared to the hundreds of billions of dollars they have garnered through such abuses, while incomprehensibly they and their loan servicers merely repeating such abuses over again and over again.

The traditional lending model which conceptually has protected securitized trusts from real supervision is historically based on a bank making mortgage loans with depositors funds, holding on to the underlying promissory notes and collateral security until the loan is paid in full, at which point returning the promissory notes to its borrowers marked “paid in full”.

But as past listeners to The Foreclosure Hour know, that is not what happens in the hidden underground securitized trust banking system, where loans and real property collateral are sliced and diced and sold to both private and institutional investors as mortgage backed securities (MBS) and collateralized debt obligations (CDO).

Involved within that complex process are a large cast, including brokers, insurance companies, underwriters, appraisers, loan servicers, robo-signers, notaries, endorsers, personal and institutional investors, government and quasi-government agencies, and others avoiding traditional state recording system supervision, theoretically replaced by an unregulated series of similarly named entities known as the Mortgage Electronic Registration Systems, Inc. (MERS) masking securities transactions.

That deception has been judicially challenged in two major stages so far this century, and is now about to enter its ultimate third stage, of which every homeowner facing foreclosure needs to know in order to take full advantage of in court.

The first stage was when securitized trusts sought to utilize the traditional mortgage/trust deed model by merely submitting into evidence in court the mortgage facially assigned to it, the mortgage assignment usually certified as recorded just before foreclosing at the state or county recording office.

In response, many homeowners in foreclosure countered with “show me the note,” relying upon an ancient United States Supreme Court decision based on the traditional mortgage/trust deed model, interpreted to establish that “the mortgage follows the note”.

And their efforts began to win favor with a few judges, particularly in Florida and in New York, aided by increased revelations about robo-signers, which led foreclosure defense attorneys to argue about missed REMIC trust cutoff dates and false mortgage assignments.

However, courts invariably rejected challenges to so-called irregularities in securitized trust paper shuffling, to this day misinterpreting a borrower’s claim that the trust did not own the loan for a beneficiary’s claim of breach of the trust agreement usually known as a “pooling and servicing agreement”.

Beginning to lose the “I have the mortgage” claim, pretender lenders began to shift focus away from defending suspicious securitized mortgage assignments and suspicious securitized trust deed assignments to the negotiable instrument UCC claim instead, “I have the note”.

That shift in evidentiary focus led to the second stage, now challenging the possession and ownership of the note by pretender lenders and their entitlement to foreclose, first showing breaks in the chain of their title rendering their paperwork void as opposed to voidable without claiming to be a party to the pooling and servicing agreement, second showing that the foreclosing plaintiff did not prove having possession and ownership of the note when the foreclosure complaint was first filed (“ownership at inception”), and third showing that its supporting declarant did not have personal knowledge of all of the related securitized trust transactions, its otherwise threshold burden of proof.

As beneficial at first as arguments have been in a growing number of state jurisdictions based on there being breaks in the chain of title applying the traditional model logic, or based upon applying the ownership at inception rule, or based upon enforcing personal knowledge evidentiary requirements in challenging securitized trust abuses in many state jurisdictions under the leadership of state appellate courts attempting to bring visibility into the clandestine operations of securitized trusts, these safeguards too, it is submitted, will eventually fail because securitized trusts and their attorneys will and already are starting to create new, false paperwork purporting to overcome such second stage challenges to “I have the note”.

What is needed is a new, third stage challenge, one that can completely open up and expose the fraudulent operations within securitized trusts.

John and I believe that we have found such an ultimate tool in the form of an existing but little used affirmative defense already existing in the civil procedure rules in every federal and state jurisdiction in the United States.

Use of this ultimate affirmative defense in foreclosure litigation, to be revealed for the first time on today’s show, could not only fully open up for judicial scrutiny the low visibility operations of securitized trusts to the enormous benefit of homeowners, but could ultimately replace the traditional mortgage/trust deed model in foreclosure courts, giving homeowners also the protection of securities laws.

And this ultimate affirmative defense could do all of that within the traditional federal and state rules of civil procedure without the need for new rules, new legislation, or new case law.

Listen to this Sunday’s show to be among the first to know and to learn about the full potential of this ultimate foreclosure affirmative defense.

And please remember that most of the Nation (except Hawai’i which remains on standard time) has returned to standard time this month.

As a result, The Foreclosure Hour for the next six months is now 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.



Comments

comments

This post was written by:

- who has written 9120 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