TFH 5/5 | Foreclosure Workshop #73: Wells Fargo Bank v. Prentice - Highlighting Another Emerging Challenge to Res Judicata in the Battle Between Finality Versus Validity

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TFH 5/5 | Foreclosure Workshop #73: Wells Fargo Bank v. Prentice – Highlighting Another Emerging Challenge to Res Judicata in the Battle Between Finality Versus Validity

TFH 5/5 | Foreclosure Workshop #73: Wells Fargo Bank v. Prentice – Highlighting Another Emerging Challenge to Res Judicata in the Battle Between Finality Versus Validity

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 – MAY 5, 2019

Foreclosure Workshop #73: Wells Fargo Bank v. Prentice – Highlighting Another Emerging Challenge to Res Judicata in the Battle Between Finality Versus Validity

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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.

During several of our prior shows we have referred to this newest and perhaps most significant issue emerging in foreclosure defense today as “Finality Versus Validity”.

As foreclosed borrowers seek post-judgment relief today, they are being derailed in the process by three especially formidable foes, (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 last week’s show we examined this last frontier in foreclosure defense by contrasting two foreclosure cases, one in the Marcantonio Appeal presently before the Supreme Court of the State of Hawaii awaiting a decision on an Application for Writ of Certiorari so far denied post-judgment relief, and the other in the Takhar Appeal just decided by the Supreme Court of Great Britain, granting post-judgment relief.

The contrast between those two Appeals we pointed out is especially significant, since not only is this battle between Finality Versus 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.

Unfortunately, due to an errant wire in our office studio last week, and not caused by the Banksters as some thought, there was considerable static on last week’s broadcast which has delayed its placement in the past broadcast section of our website, www.foreclosurehour.com.

We have, however, cleaned up the audio sufficiently to make it easier to listen to, which audio is now on our website today, together with relevant copies of both of the above-referenced contrasting appeals.

Today’s show discusses Validity deficiencies in yet another nightmarish foreclosure case, Prentice, and highlights even more serious problems than ever before for Finality worshippers.

The facts in Prentice will surely open everyone’s eyes to why Finality must give way to Validity in the foreclosure field.

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 again, 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

Past Broadcasts

EVERY SUNDAY
3:00 PM HAWAII 
6:00 PM PACIFIC
9:00 PM EASTERN
ON KHVH-AM
(830 ON THE DIAL)
AND ON
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The Foreclosure Hour 12

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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