TFH 4/28 | Foreclosure Workshop #72: Finality Versus Validity, The Last Frontier in Foreclosure Defense, Comparing and Contrasting HSBC Bank v. Marcantonio, in the Supreme Court of the State of Hawaii (March 25, 2019), and Takhar v. Gracefield Developments, in the Supreme Court of Great Britain (March 20, 2019)

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TFH 4/28 | Foreclosure Workshop #72: Finality Versus Validity, The Last Frontier in Foreclosure Defense, Comparing and Contrasting HSBC Bank v. Marcantonio, in the Supreme Court of the State of Hawaii (March 25, 2019), and Takhar v. Gracefield Developments, in the Supreme Court of Great Britain (March 20, 2019)

TFH 4/28 | Foreclosure Workshop #72: Finality Versus Validity, The Last Frontier in Foreclosure Defense, Comparing and Contrasting HSBC Bank v. Marcantonio, in the Supreme Court of the State of Hawaii (March 25, 2019), and Takhar v. Gracefield Developments, in the Supreme Court of Great Britain (March 20, 2019)

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 – APRIL 28, 2019

Foreclosure Workshop #72: Finality Versus Validity, The Last Frontier in Foreclosure Defense, Comparing and Contrasting HSBC Bank v. Marcantonio, in the Supreme Court of the State of Hawaii (March 25, 2019), and Takhar v. Gracefield Developments, in the Supreme Court of Great Britain (March 20, 2019)

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As a result of an increase in the number of judicial decisions more favorable to mortgage borrowers in many but not all state and federal courts, foreclosed homeowners are returning in greater numbers, challenging their otherwise completed foreclosures.

In doing so, resembling at times Lord Tennyson’s “The Charge of the Light Brigade,” riding into “The Valley of Death,” mortgage borrowers seeking post-judgment relief are being derailed in the process by three especially formidable hurdles, (1) res judicata, (2) stare decisis, and (3) laches, each of which has its own underlying rationale for blocking the setting aside of judgments, irrationally even those that can be shown to have been procured by fraud.

On today’s show we examine this last frontier in foreclosure defense by contrasting two foreclosure cases, one in the Marcantonio Appeal presently in the Supreme Court of the State of Hawaii awaiting a decision on an Application for Writ of Certiorari, and the other in the Takhar Appeal just decided by the Supreme Court of Great Britain.

The contrast between the two Appeals is especially significant, since not only is this battle between finality and validity inevitably going to take place eventually in every American jurisdiction, but Great Britain is after all where the doctrine of res judicata originated in Anglo-Saxon jurisprudence.

This controversy, if not already there, will be coming to every listener’s jurisdiction shortly.

Be sure therefore to be with John and me this Sunday, especially if you are planning or now in the process of trying to reopen your foreclosure case by taking advantage of new case precedents in your individual jurisdiction.

You will not want to miss this broadcast in order to understand the future of foreclosure defense in this, the last and final frontier.

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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The Foreclosure Hour 12

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