TFH 5/19 | Is a Homeowner's Appeal Moot Upon the Sale of Foreclosed Property? — Another Major Finality Versus Validity Controversy Today in State and Federal Courts

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TFH 5/19 | Is a Homeowner’s Appeal Moot Upon the Sale of Foreclosed Property? — Another Major Finality Versus Validity Controversy Today in State and Federal Courts

TFH 5/19 | Is a Homeowner’s Appeal Moot Upon  the Sale of Foreclosed Property? — Another Major Finality Versus Validity Controversy Today in State and Federal Courts

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 19, 2019

Is a Homeowner’s Appeal Moot Upon the Sale of Foreclosed Property? — Another Major Finality Versus Validity Controversy Today in State and Federal Courts

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As a result of a recent increase in the number of appellate decisions more favorable to mortgage borrowers in many but not all state and federal courts, foreclosed homeowners are timely appealing 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.”

On prior shows we have focused our attention on whether doctrines such as res judicata prevent reopening of final foreclosure judgments whether or not appealed.

On today’s show we discuss and attempt, time permitting, to answer the following questions:

What effect does an intervening sale of an appellant’s foreclosed property have on an otherwise timely-filed appeal?

Is a foreclosure appeal therefore rendered “moot,” causing it to be dismissed?

As in most areas of foreclosure defense, our appellate courts have historically favored foreclosing plaintiffs and robotically dismissed homeowners’ appeals, holding that the appeal is or has become moot, reasoning that courts are powerless to grant appellant homeowners the relief they seek, the return of their sold property.

Today, however, many appellate courts are rethinking that view and proceeding to decide foreclosure appeals on their merits instead.

John and I on today’s show discuss the reasons why such foreclosure appeals should not be dismissed and how homeowners and attorneys alike can and should defend against appellate mootness, in favor of Validity over Finality.

The following are the questions to be discussed on today’s show, which include “exceptions” to the mootness doctrine that both federal and state appellate courts are increasingly recognizing today:

1. What are the policy reasons supporting the appellate mootness doctrine?

2. How is the mootness doctrine applied differently in federal versus state appellate courts?

3. What is the “foreclosing plaintiff exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

4. What is the “assumption-of-risk purchaser exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

5. What is the “collusive purchaser exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

6. What is the “public policy exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

7. What is the “jurisdictional exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

8. What is the “supervening authority exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

9. What is the “estoppel exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

10. What is the “fraud exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

11. What is the “bankruptcy court exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

12. What is the “damages exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

13. What is the “additional consequences exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

14. What is the “remand exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

15. What is the “balancing of the equities exception” to appellate mootness, and how to argue that it should be applied in defense of your appeal?

Be sure to be with John and me this Sunday, especially if you are planning to or are now in the process of appealing an adverse foreclosure-related judgment.

You will not want to miss this uniquely important, groundbreaking broadcast in order to apply the above analysis and exceptions to the specific facts of your case, protecting your appeal, and to further improve your understanding of 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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Submit questions to info@foreclosurehour.com

The Foreclosure Hour is a public service of the Dubin Law Offices

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