TFH 3/10/19 | Ten Common Mistakes Being Made By Pro Se Foreclosure Defendants Costing Them The Loss Of Their Homes

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TFH 3/10/19 | Ten Common Mistakes Being Made By Pro Se Foreclosure Defendants Costing Them The Loss Of Their Homes

TFH 3/10/19 | Ten Common Mistakes Being Made By Pro Se Foreclosure Defendants Costing Them The Loss Of Their Homes

[SCHEDULING NOTE: DUE TO DAYLIGHT SAVINGS TIME, IN WHICH HAWAII DOES NOT PARTICIPATE, THE FORECLOSURE HOUR BEGINNING THIS SUNDAY WILL BE HEARD ONE HOUR LATER IN MOST MAINLAND TIME ZONES

3:00 PM HAWAII 
6:00 PM PACIFIC
9:00 PM EASTERN
ON KHVH-AM
(830 ON THE DIAL)
AND ON
iHEART RADIO]

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 – March 10, 2019

Ten Common Mistakes Being Made By Pro Se Foreclosure Defendants Costing Them The Loss Of Their Homes

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Surely, one of the most alarming statistics in the entire foreclosure field since the Mortgage Crisis of 2008 has been that the vast majority of homeowners facing foreclosure do so without the benefit of legal representation.

There are many reasons for that and the decisional mess that has created.

First of all, without counsel on both sides the adversary system is a sham, for English common law adopted in almost all States is based on the belief that with all parties having competent counsel a case will be well argued, enabling a neutral judge to just sit back, listen, and make the correct decision based on the arguments of counsel.

There is little wonder therefore that foreclosure related case law precedents have been weighted against homeowners, poorly argued on the homeowner’s side for decades, and then to have error compounded in the name of res judicata and stare decisis.

Second, law schools still fail to teach foreclosure defense. As a result, the legal profession is largely incompetent when it comes to defending residential foreclosures.

On the other hand, over $6 Billion of TARP funds are said to have been set aside to enable the major banks to retain counsel on three levels: (1) big law to supervise legions of (2) regional law firms (3) supervising armies of local law firms doing the grunt work who unfairly are often termed “foreclosure mills” when their comparative level of competence is only diminished as a practical matter by the vast number of cases they are required to process and the low budgets provided them by their contrastingly cash-rich overseers.

Third, the legal profession in each State is supervised by overreaching regulators who have zero understanding of what is involved in representing emotionally charged and abused homeowners in foreclosure, who see those in foreclosure as mere deadbeats, and thus view attorneys who seek to represent them as preying on vulnerable homeowners.

As a result, the few attorneys that have been interested and willing to represent homeowners in defense of foreclosures nationwide have been mainly scared off by regulators from representing homeowners, and those that do are being suspended and even disbarred at an alarming rate, with some judges similarly levying large fines against foreclosure defense attorneys, further discouraging foreclosure defense by the legal profession generally.

No wonder then that few homeowners are able to retain counsel, and when they do in most instances they discover it was a waste of money as the number of competent foreclosure defense attorneys nationwide has dwindled down to very, very few.

Fourth, court processes are often overly repetitive and frankly often nonsensical time wise, resulting in the ballooning of foreclosure defense costs, the judicial system frequently seemingly both unaware of and insensitive to the unequal financial condition of the parties in foreclosure litigation.

As a result, few homeowners can pay the fees and costs incurred by foreclosure defense attorneys, and few foreclosure defense attorneys can afford to provide such under-financed representation.

As a result of all of the above, more and more homeowners are having to defend foreclosures pro se.

While The Foreclosure Hour still encourages homeowners to retain competent counsel if competent foreclosure counsel can be found in their jurisdiction, the reality is that for the foreseeable future most homeowners attempting to defend against foreclosure are having to represent themselves and will probably be forced to do so for many years to come.

Consequently, today’s show is focused on that vast majority who are and who in the future will out of necessity be representing themselves, warning of the ten common mistakes that pro se homeowners make, to be avoided if our pro se listeners want to save their homes.

Each will be discussed on today’s show, time permitting:

1. Avoid relying principally on judicial decisions outside your jurisdiction.

2. Avoid ignoring the decisions of your specific judge in his or her past cases.

3. Avoid relying principally on non-authoritative sources.

4. Avoid being disrespectful in court.

5. Avoid running haphazardly to federal bankruptcy court.

6. Avoid running haphazardly to federal district court.

7. Avoid ignoring foreclosure related notices and deadlines.

8. Avoid mortgage rescue scams.

9. Avoid loan modification scams.

10. Avoid ignoring your right to conduct discovery.

The Foreclosure Hour in the past seven years has presented our listeners with over 300 hours of instruction on what to do to defeat foreclosures, which if listened to ought to be enough to merit awarding a college degree in foreclosure defense.

On this Sunday’s show, John and I will now discuss what not to do if you are representing yourself.

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.

Host: Gary Dubin Co-Host: John Waihee

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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

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6:00 PM PACIFIC
9:00 PM EASTERN
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The Foreclosure Hour 12

 

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