TFH 11/25 | Introducing a New, Quicker and Inexpensive, Detailed Evidence Strategy for Effectively Defeating Securitized Trust Foreclosures, Being Revealed Exclusively for the First Time to Our Foreclosure Hour Listeners

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TFH 11/25 | Introducing a New, Quicker and Inexpensive, Detailed Evidence Strategy for Effectively Defeating Securitized Trust Foreclosures, Being Revealed Exclusively for the First Time to Our Foreclosure Hour Listeners

TFH 11/25  |  Introducing a New, Quicker and Inexpensive, Detailed Evidence Strategy for Effectively Defeating Securitized Trust Foreclosures, 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

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Sunday – November 25, 2018

Introducing a New, Quicker and Inexpensive, Detailed Evidence Strategy for Effectively Defeating Securitized Trust Foreclosures, Being Revealed Exclusively for the First Time to Our Foreclosure Hour Listeners

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By way of background, few observations in political philosophy have ever proven truer than those attributed to Victor Hugo when he penned “No army can withstand the strength of an idea whose time has come”.

John and I on past shows have summarized a variety of common sense ideas for foreclosure reform long overdue, whose time is clearly coming.

On today’s show we go one step further, suggesting how in individual cases our listeners can speed up that reform process, and at the same time defeat in court their foreclosing securitized trust, by using a new, cheap, yet more effective evidence strategy for gathering the facts in their individual cases, which we are revealing today for the first time.

For, the American legal system, or more properly nonsystem, needs help as it is hopelessly broken in the foreclosure field, as evidenced by the extremely unfair treatment of homeowners in the last few decades in both state and federal courts with the emergence of securitized trusts.

The splitting of the debt and the security, the creation of a hidden underground secondary securitized mortgage market, incomprehensible loan paperwork, the submission of fraudulent documents in court proceedings, forced below-market credit-bid-rigged auction sales, and bloated deficiency judgments — all need rethinking, but how?

In the Anglo-Saxon jurisprudential system we inherited, for better or for worse, institutional restraints, often misunderstood by laypersons, that place the burden of gathering and producing evidence upon the parties and not the court.

Homeowners need therefore to urgently sharpen their ability to get needed evidence in their individual cases before foreclosure courts.

The first step in doing so is to abandon what we have termed and exhaustedly studied on past shows, termed “The Rule Ritual”, which causes a misapplication and misprocessing of precedent when our courts look for authority in words rather than thoughts, one of the classic definitions of insanity.

In truth, the law and past precedent are fact-intensive, requiring an understanding of the purpose behind each rule statement and carefully matching that purpose with outcomes, results, and consequences.

On today’s show we identify and seek to correct yet a second equally fundamental corresponding weakness in our legal system in addition to deficiencies in processing fact-intensive authority.

We examine the failure to correctly process facts recurring in individual cases, what might be termed “The Fact Ritual,” and how each of us can correct that.

Unlike medicine, for instance, the legal system has no equivalent to the Centers for Disease Control.

Instead, we have thousands of judges scattered throughout the United States, each with their own microscope and stethoscope, as it were, if that, without any means of either gathering or sharing information with one another, even within the same jurisdiction.

There is no database of pathogens to benefit from, such as Linda Green, Lorrie Womack, National Title Clearing, and others, including the hundreds of securitized trusts such as Bank of New York Mellon, U.S. Bank, Deutsche Bank, etc., or for sharing cures, as it were.

Instead, each judge in each case is asked to reinvent the wheel, and that has consumed more time than judges typically have had, and more money than homeowners normally have, giving pretender lenders enormous practical advantages in American courts.

On today’s show we unveil a single, cost-effective method of countering and reversing that pretender lender advantage in securitized trust foreclosures, which experienced litigators as well as pro se litigants can greatly profit by.

We believe that these new, effective discovery techniques could additionally be exactly the lynchpin for long awaited broader reform within the foreclosure system that many have been waiting for, enabling our courts to better organize themselves to do justice in foreclosure cases finally having before them the true facts.

Listen to today’s show to learn what these new discovery techniques are, how to use them in individual cases, and how they could ultimately yield fundamental foreclosure reform no army of foreclosure attorneys will be able to withstand.

Gary Dubin

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Host: Gary Dubin Co-Host: John Waihee

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The Foreclosure Hour 12

 

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