(December 12, 2017, Hawaii) The Foreclosure Hour TODAY at 3 pm (HST) / (5 pm EST) will discuss one of Hawaii’s latest FORECLOSURE APPEAL cases, HSBC Bank USA v. Yamashita, where after a pro-bank decision in the lower circuit court was overturned on appeal.
The Hawaii ICA noted, “[T]he [Hawaii] supreme court then expressed that “[a] foreclosing plaintiff’s burden to prove entitlement to enforce the note overlaps with the requirements of standing in foreclosure actions as ‘standing is concerned with whether the parties have the right to bring suit.’”
For more than half a century this Nation’s courts have robotically with few exceptions favored lenders over homeowners in foreclosure litigation. This has been especially true since the Mortgage Crisis of 2008.
Yet gradually judicial confidence in the veracity of pretender lenders’ foreclosing paperwork has been steadily diminishing, first as a result of robo-signing scandals initially exposed in Florida, and second, more recently due to observed, previously overlooked, overall deficiencies in loan servicers’ summary judgment declarations.
As more and more state judiciaries, now in the majority, are adopting the standing-at-inception rule discussed on prior shows, requiring proof of debt ownership when a foreclosure complaint is initially filed, foreclosure summary judgments are being reversed by state appellate courts in increasing numbers.
Every homeowner facing foreclosure needs to urgently know of these new developments and where necessary to bring these new precedents to the attention of their local judiciaries.
In Hawaii, for instance, my law firm has secured nine appellate reversals so far this year (over sixty in the past twenty years).
One such reversal occurred in the Yamashita Case just the other day, which Hawai’i Intermediate Court of Appeals decision, the lead in for this Sunday’s show, provides one of the best summaries yet of how to identify inherent deficiencies in loan servicer moving declarations.
Yamashita also provides us with a convenient fact pattern for further elaboration on our Sunday show regarding the entire range of such deficiencies found in virtually every securitized trust foreclosure case in addition to those discussed in Yamashita.
And beyond mere appellate reversals based on robo-signing and now broader deficiencies found in loan servicer declarations, a third trend is inevitably starting to emerge, holding those submitting such false paperwork in court criminally liable. What took so long?
Listen to this Sunday’s show and learn for example also about this newest trend, sure to accelerate, how two Miami-Dade Circuit Court Judges — Judges Beatrice Butchko and Pedro Echarte Jr. — are seeking to hold foreclosure attorneys in criminal contempt for withholding critical information pertaining to their loan servicer’s actual loan “boarding” process explaining how the records of previous loan servicers are actually added to successor loan servicer’s records contrary to how the boarding process is falsely portrayed in court.
Exposing the evidentiary inadequacy of the so-called loan boarding process could defeat every securitized trust foreclosure in the United States, it is that central to a foreclosing securitized trust plaintiff’s burden of proof.
Gary Victor Dubin
Dubin Law Offices
Suite 3100, Harbor Court
55 Merchant Street
Honolulu, Hawaii 96813
Office: (808) 537-2300
Licensed in California and Hawaii
If you are in foreclosure or you have lost your home to foreclosure and you want to sue for mortgage fraud or foreclosure fraud, FRAUD STOPPERS PMA can help you save time and money, and increase your odds of success, with a court ready Quiet Title or Wrongful Foreclosure lawsuit package. If you have received a Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) and you want to know how to respond to the Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) call FRAUD STOPPERS PMA today because our prove system can help you fight to save your home from foreclosure fraud and/or mortgage fraud. Our court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Packages includes a turnkey complaint (petition for damages), Bloomberg Securitization Audit, Expert Witness Affidavit, Application for Temporary Restraining Order (to stop a foreclosure sale or stop an eviction), Lis Pendens (to cloud the marketability of the title to the real property), and Pro Se education material that can show you how to win a Quiet Title Lawsuit or win a Wrongful Foreclosure Lawsuit. This entire court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package can help you save thousands of dollars in legal fees and help you increase your odds of success. For payment options or more information on this court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package please contact FRAUD STOPPERS PMA today at 844.372.8378 or open a case file for a Free Mortgage Fraud Analysis and Bloomberg Securitization Search to see if your current mortgage loan situation qualifies for a Quiet Title or Wrongful Foreclosure lawsuit today
Get the FACTS and HELP that you need to sue your for mortgage fraud and foreclosure fraud by registering for a free mortgage fraud analysis and consultation using this intake form:
For information on foreclosure defense call us at 844-372-8378. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.
Feel free to connect with us . . .
Address: Route 1, box 146, Birch Tree MO 65438 Phone: 844-372-8378 Email: Info@FraudStoppers.org
DISCLOSURE: NOTICE OF Copyright © 2017 FRAUD STOPPERS, FRAUD STOPPERS PMA. THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. Legal Information is NOT Legal Advice: This site provides “information” that is only designed to help users safely cope with their own general legal needs. Legal information is NOT the same as legal advice — the application of law to an individual’s specific circumstances. FRAUD STOPPERS is a National Private Members Association (PMA). PLEASE TAKE NOTICE OF THE FOLLOWING MARS Disclosure[s] 12 C.F.R. 1015.: (1) FRAUD STOPPERS PMA is NOT Affiliated with any Government Agency or Any Bank Lender; (2) Even if YOU Accept any of FRAUD STOPPERS PMA Products or Services Your Lender May Choose to NOT Change Your Loan. FRAUD STOPPERS products and services are only available to Active Members of the FRAUD STOPPERS PRIVATE MEMBERS ASSOCIATION. To join FRAUD STOPPERS PMA click here: https://www.fraudstoppers.org/members-only/