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Sunday – June 30, 2019

What Every Homeowner Needs To Know About Surviving In Foreclosure Court (originally broadcast on November 8, 2015)

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Foreclosure system personnel, including judges and their law clerks, continue to fail to understand that the average or above average, even well educated homeowner, is bewildered by often archaic and unexplained foreclosure processes and procedures.

The result is frequently a complete breakdown in civil justice, not only interfering with securing just results in foreclosure court, but also triggering an aftermath of disrespect for the entire American legal system.

On today’s show we focus, time permitting, on what really controls in foreclosure litigation, and how homeowners with that improved knowledge might be better prepared, having as a result an increased chance of surviving in foreclosure court.

We therefore briefly identify in checklist form set forth below at least 25 dominant areas of acquired knowledge guaranteed to increase survival rates in foreclosure court for our listeners, every one of which topics could easily justify its own one hour radio show, many of which in fact have already been examined in depth on our past broadcasts posted in the archives section of our website.

1. Understanding and adjusting to the fact that you are not welcome in foreclosure court and the reasons why.

2. Understanding that foreclosure litigation is insanely expensive and why you need to marshal your financial resources from family and friends and retirement funds to survive foreclosure unless you no longer want to keep your home.

3. Understanding why you need a lawyer to survive in foreclosure court and how much a competent foreclosure defense attorney costs.

4. Understanding how to and how not to find a competent foreclosure defense attorney.

5. Understanding how and why you must research the reported (published and unpublished) foreclosure opinions that your foreclosure judge has written in past cases.

6. Understanding how and when you may need to research and seek to disqualify your foreclosure judge based on appearances of ethical impropriety.

7. Understanding what summary judgment hearings are all about and how you can defeat a lender’s summary judgment motion.

8. Understanding legendary frivolous foreclosure defenses such as those based on admiralty law and sovereignty, and why you should avoid them.

9. Understanding how loan modification applications impact foreclosure cases.

10. Understanding how to and how not to prepare legal motions and memoranda.

11. Understanding why judges do not and are ethically not allowed to read letters sent to them by pro se parties.

12. Understanding why the selection of various foreclosure defense strategies depends upon whether or not you have equity at risk in foreclosure court, and if so, how much equity there is in relationship to the market value of your property.

13. Understanding if you qualify for and how to secure a short sale to avoid a deficiency judgment.

14. Understanding how “cash for keys” works during and at the end of a foreclosure case.

15. Understanding how and when to appeal and if so how to make necessary record objections to support your appeal.

16. Understanding how and when a stay bond pending appeal can and should be requested and awarded.

17. Understanding specific foreclosure fraud defenses, such as those based on false appraisals, false loan applications, false notes, false mortgages, false mortgage assignments, false deeds of trust, false endorsements, false allonges, false notarization, and false deficiency judgments.

18. Understanding how to determine if an alleged original promissory note is genuine.

19. Understanding how to determine if a rubber stamp bearer note endorsement or allonge is genuine.

20. Understanding the impact of non-recourse default insurance on your foreclosure case.

21. Understanding the affirmative foreclosure defense of unjust enrichment.

22. Understanding the importance of discovering the contractual and the financial relationship between a foreclosing plaintiff and its loan servicers.

23. Understanding the importance of challenging and how to challenge loan general ledgers in foreclosure court.

24. Understanding why you need to audit a notary‘s licensure status.

25. Understanding why and in what circumstances the note follows the mortgage instead of the mortgage following the note.

Listen to this Sunday’s Foreclosure Hour, originally broadcast on November 8, 2015, yet prophetically fully applicable today, to increase your odds of surviving in foreclosure court.

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.

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

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