Another Dubin Victory: Hawaii Supreme Court Says Unauthorized Foreclosures Must Fail

It is insane that it even needs to be said. But here it is. If any legal person —whether a natural person, bank or trust — performs an unauthorized act, the act is a legal nullity regardless of how they document it or record it.

It is not a legally defensible position to say that having committed the unauthorized illegal act, you are now entitled to rights emanating from that act and the person you injured by your act has no rights to seek a remedy.

This decision should also serve as a reminder that many foreclosures are sought without legal authority to do so with windfall results to the claimant — primarily because the homeowner failed to challenge it.

Many homeowners are lured into a trap thinking that because they stopped making payments they lose all rights to keep their property. This decision, among others, shows that such premises are untrue and not applicable.

Even someone with a claim must pursue it in the manner required by law. And I would add that anyone without a claim has no law at their back to pursue a claim.

 

see 1586596137

Another excellent job that improves American jurisprudence. Instead of twisting things around to permit and even encourage sales of homestead property in the absence of any authority to do so, the Hawaii Supreme Court seeks only to apply the law as written.

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Just as they have previously done with other claims of wrongful foreclosure, they are simply stating that if you had no authority to do so, the foreclosure proceeding is completely voidable and the property can be recovered along with damages for trespass etc.

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This decision is probably a harbinger of other decisions that will be rendered shortly. It seems that the playbook of the Foreclosure Mills is to invoke statutes that have nothing to do with the actual facts.

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In one such case, they convinced a trial judge to apply the limitations contained within the adverse possession law in a manner that rendered the statute of limitations meaningless on claims for recovery on a debt or note. Of course there is no claim for adverse possession nor are there any facts that would support any such claim. But the Foreclosure mill somehow convinced the judge to apply the adverse possession statute to a claim for foreclosure.
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The entire playbook consists of invoking statute and common law out of context. Gary Dubin has once again prevailed by asserting reality over fake arguments that are untethered to any facts.

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Neil F Garfield, MBA, JD, 73, is a Florida licensed trial attorney since 1977. He has received multiple academic and achievement awards in business and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
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2 Responses

  1. This is great in Hawaii — but where is the Big bank?

  2. After two decades of fraudulent foreclosures and attacks on journalists who tried to expose corruption in HI Court system Hawaii Supreme Court finally recalls that the law somewhere somehow exists.

    So, that about 30 million illegally foreclosed homeowners whose homes were sold to new defrauded by Big Banks borrowers (which makes about 60+ million victims of judicial misconduct?)

    Judges must tell that either they did everything right during last 20 years (in other words, declare fraud upon the Court into the Law)

    Or they need to admit that none of these foreclosures were legit and reverse all of them? Returning properties to the rightful owners since new “owners” merely hold unsecured payment from Big Banks for participation in securitization scheme without any property rights because homes they “purchased” were stolen?

    It will be a lot of interesting developments – I think around August 2020.

    Honolulu, HI—A celebrity journalist was assaulted and arrested by two armed “public safety” officers for videotaping violations of homeowners’ Constitutional rights by banks, lawyers, and a famous judge administering America’s greatest taxpayer rip off–the principal cause of the U.S. Government “shut down”–the foreclosure fraud scandal.

    http://www.528revolution.com/journalist-assaulted-foreclosure-scandal/

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