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Sunday – February 24, 2019

An Analysis of Recent Judicial Decisions That May Affect Your Foreclosure Case

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The foreclosure field in recent years has produced some of the most interesting and challenging legal disputes between and involving borrowers, lenders, loan servicers, insurance companies, securitized trusts, underwriting and rating agencies, loan officers, appraisers, investors, and government agencies.

Most of this often protracted foreclosure litigation has occurred in state and federal courts in Western and Eastern States, particularly in Florida, New Jersey, New York, Massachusetts, California, Washington State, and Hawaii.

And new judicial decisions in those jurisdictions continue to influence the development of American Foreclosure law.

On today’s show, John and I review a few of those potentially more important recent decisions that likely will affect many of our listeners in the future in their individual foreclosure cases no matter where their property is located involving, for instance:

1. the adequacy of default notices,

2. whether Fannie Mae and Freddie Mac are government actors subject to due process requirements in conducting nonjudicial foreclosure sales,

3. how important are breaks in the chain of title of loan ownership in terms of proof of standing,

4. whether borrowers can be awarded attorneys’ fees when lenders voluntarily dismiss foreclosure lawsuits,

5. how long does a borrower have to sue for a TILA rescission following a timely notice of cancellation ignored or rejected by a lender,

6. whether an association can conduct a nonjudicial foreclosure sale if a power of sale is not contained in its governing instruments or created by statute, and

7. whether lenders are entitled to recover in foreclosure more than they loaned by manipulating auction sales so as to produce artificial deficiencies resulting in the forfeiture of a borrower’s equity.

You are invited to join John and me this Sunday to discuss these issues.

Gary

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GARY VICTOR DUBIN
Dubin Law Offices
Suite 3100, Harbor Court
55 Merchant Street
Honolulu, Hawaii 96813
Office: (808) 537-2300
Cellular: (808) 392-9191
Facsimile: (808) 523-7733
Email: gdubin@dubinlaw.net.

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