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Sunday – July 22, 2018

How To Disprove Standing of Pretender Lenders in Foreclosure Proceedings by Offensively Weaponizing Your Discovery Even if Appearing Pro Se

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On recent shows we have highlighted new standing requirements in Hawaii for foreclosing plaintiffs and how to thereby argue lack of proof of standing challenging the offers of proof of pretender lenders having no jurisdictional right to foreclose.

These new Hawaii appellate decisions have drawn widespread national attention and growing support, particularly due to how detailed their analysis has been.

On today’s show we take the discussion regarding proof of standing to a new dimension, suggesting ways not of just defensively arguing a lack of proof of standing in the record as we have done on several past shows, but also how to use established discovery tools to offensively prove a foreclosing plaintiff has no standing, to support the granting of summary judgment in your favor for a change.

To do so, our listeners need to understand six discovery weapons to be explained on today’s show, which may be combined and which may be enforced by subpoenas when served on nonparties:

1. Notices of the taking of oral depositions of parties.

2. Notices of the taking of depositions upon written questions of any person.

3. Requests for answers to interrogatories to parties.

4. Requests for production of documents to any person.

5. Requests for the inspection of documents and things to any person.

6. Requests for answers to written admissions to parties.

John and I will also suggest on today’s show the necessary content of such discovery and what you should be asking for in terms the complete securitization history of the note and mortgage, the chain of ownership and possession of the note and mortgage, record of payments and how much was actually paid by whom to whom for all note and mortgage transfers, the “collateral file,” default notices, general ledger, insurance, loan servicer history, and all government participation in the loan including Fannie Mae and Freddie Mac.

Gary Dubin

Please go to our website, www.foreclosurehour.com, and join your fellow homeowners in the Homeowners SuperPac today.

A Membership Application is posted there waiting for your support.

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