TFH 3/31/19 | The 20 Most Overlooked Foreclosure Defenses

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TFH 3/31/19 | The 20 Most Overlooked Foreclosure Defenses

TFH 3/31/19 |  The 20 Most Overlooked Foreclosure Defenses

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII

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Sunday – March 31, 2019

The 20 Most Overlooked Foreclosure Defenses

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Our listeners are well aware of the basic foreclosure defenses discussed by John and me on many of our previous shows, such as non-receipt of an adequate default and cure notice or receipt of none at all, the lack of standing of a foreclosing plaintiff, the absence of personal jurisdiction due to improper service of process, the expiration of the statute of limitations, and so forth.

But few if any homeowners or judges for that matter are aware of yet many other mostly ignored foreclosure defenses that go overlooked through ignorance, camouflage, or deception.

Yet those otherwise stealth foreclosure defenses in one form or another are amply available to litigants in most non-foreclosure cases nationwide.

One can therefore expect that at least some of these otherwise well recognized defenses will find their way into foreclosure litigation, and will begin to save homeowners from foreclosure and eviction, but only if homeowners, including our listeners this Sunday, with such knowledge, make that effort in individual cases.

Here are at least twenty of these most overlooked foreclosure defenses to be discussed, time allowing, on today’s show; how many are you familiar with?

1. Loan modifications do not first require payment defaults.

2. Limitations on the recovery of foreclosure attorneys’ fees.

3. The estates of deceased joint homeowners are still necessary and indispensable parties.

4. Service by publication is unconstitutional absent clear evidence of exhausted due diligence attempts at personal service first.

5. Expungement actions are more effective than mortgage and deed of trust misnamed “quiet title” actions.

6. Lawyers are prohibited from appearing in Court as both foreclosure attorneys and material witnesses.

7. Pretender lenders in order to support standing are required to prove that they paid for the loan before being able to show injury as a result of loan default.

8. Judges owning stock in a party, if researched and proven, should recuse themselves or be disqualified.

9. Violations of the AG Settlement and other Sanction Orders can be enforced in individual cases by suing State Attorneys General for negligence in non-enforcement.

10. Individual whistle blowing REMIC actions can be effective regarding nonpayment of State taxes.

11. Foreclosure attorney representation needs to supported by disclosure of legal services agreements between lenders, loan servicers, government sponsored entities, and foreclosure law firms.

12. Homeowners are a protected class under federal and state securities laws since securitized loans are securities from their inception.

13. Various provisions of federally sponsored mortgage and deed of trust forms are unenforceable against borrowers as adhesion clauses.

14. The affirmative defense of anticipatory breach, sometimes called anticipatory repudiation, can be used to attack pretender lender standing in several effective ways.

15. Most promissory notes are not negotiable instruments and therefore cannot be enforced merely by endorsement or possession.

16. Foreclosure deficiency judgments are unconstitutional when not based on the true value of the foreclosed property at time of sale confirmation.

17. There are state public policy abstention objections to federal court removal of foreclosure related cases.

18. There are securitized trust REMIC violations that can be objected to that prove a lack of standing to foreclose which are unrelated to the enforcement of securitized trust contract agreements of which borrowers have no standing otherwise to object to.

19. Insurance proceeds as well as government and assignor discounts diminish pretender lender claims to loss, barred by the affirmative defense of unjust enrichment.

20. The remedy against robo-signers and robo-endorsers and robo-notaries is suing the head of the recording office for expungement at the recording office.

Please join John and me this Sunday to learn about these overlooked foreclosure defenses.

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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