How Foreclosure Defense Lawyers Come Under Fire. The Case of Gary Dubin, Esq.

While I have come under heavy fire, it has generally been by uninformed paid trolls on the internet. Nothing bad actually happened to me. That might be because of my relatively high profile.

But if you look at the landscape of foreclosure defense attorneys that were highly successful, you will find that most of them have been subject to some type of discipline, sanctions or threats from the bench. You will see in many cases orders or comments from judges about “vexatious” litigation — which is code for “Don’t bother me. The result is already preordained.”

This is no accident and the Supreme Court of each state should take into account that the banks are successfully asserting enormous pressure to undermine successful foreclosure defense lawyers. This is producing a chilling effect in an already bleak environment where weapons of financial mass destruction are now custom and practice in the marketplace.

Ask any homeowner and you will find that most lawyers decline to take their case at any price. The Dubin case is one example among many that explains why lawyers shy away from confronting the banks about making false claims for fake losses on a nonexistent debt account.

Gary Dubin is an old-time lawyer currently practicing in the state of Hawaii and is a licensed member in good standing of the California bar as well. He has been a leading advocate for consumer rights. Like myself, he has experience on the other side of the fence. Like me, he has had considerable success advocating for homeowners who are facing foreclosure.

Gary Dubin has successfully prosecuted numerous appeals that not only resulted in success for homeowners but actually changed law. He is a lawyer amongst lawyers.

And contrary to what one might assume from reading the Order from the Supreme Court of Hawaii, he has never hurt anyone in his practice of law (except those who opposed him and lost).

At the risk of incurring the wrath of various people close to the levers of power, I wish to say that the current disciplinary action against Dubin is excessive by a wide margin. I say this after litigating and representing lawyers in around 200 of these cases mostly in Florida but also elsewhere.

I do not believe that either the prosecution or the resulting discipline would have ever been as severe as what is pending against Dubin — had it not been for Dubin’s honest success in courts of competent jurisdiction in which he undermined false claims arising from the apparent but nonetheless false claims of securitization (sale) of homeowner debt.

I have also read hundreds of such orders that impose discipline on lawyers. This one appears to have been drafted by clerk with little or no understanding of the facts in Dubin’s case. The order recites conclusions of fact that have never been supported by anything in the record of the prosecution of Attorney Dubin.

Nobody (including me) is perfect. But if there was ever any basis for disciplining Dubin, the case for that was taken to extreme lengths when the court ordered disbarment of an 81 year old lawyer who had repeatedly demonstrated fidelity to the profession. I think the Hawaii Supreme Court owes it to the profession generally to take closer look at his case and reduce discipline to allow Dubin to continue practicing law until his time runs out.

13 Responses

  1. He doesn’t NEED a BAR card to represent in court, Chris, the creator helps people all the time , through Common Law, ck out OUR GREAT group, and HELP us to explode, and STOP this TYRANNY NOW!!

  2. While I find Neil Garfield to have hurt many people and financially raped them. I applaud him for bringing this to light. Mr. Dubin is an excellent attorney, hard working and a fighter for justice for homeowners. Perhaps we should all right to the Hawaii court and protest this travesty of justice. If someone who knows how can start a petition perhaps and try to get as many signatures as possible with an address to write to we can stop this travesty of justice.

  3. First they came for the Communists
    And I did not speak out
    Because I was not a Communist

    Then they came for the Socialists
    And I did not speak out
    Because I was not a Socialist

    Then they came for the trade unionists
    And I did not speak out
    Because I was not a trade unionist

    Then they came for the Jews
    And I did not speak out
    Because I was not a Jew

    Then they came for me
    And there was no one left
    To speak out for me.
    Martin Niemöller

    Gary Dubin is my foreclosure attorney and what is being done to this honorable man is outrageous. A very sad day, not only for Hawaii homeowners but for America. Godspeed, Gary.

  4. STOPA , Dubin … good lawyers… imagine that ,, following the law gets a lawyer in trouble.

  5. This is also a huge problem in the family courts. Big money in those courts as well. Lawyers who want the courts to follow the law are punished and disbarred. Foreclosure courts and family courts are in the same court division–equity. They both act without juries and are only judge-trials. You are battling a petty tyrant despot whose pensions include the same banks and securitized investments that you are fighting to protect your rights against.

  6. What makes you think you can win in court??? Legalize?? all LIES , Presumption, Assumption, and MOOT!!!!!!!! WAKE the you know what UP!!!!!!!!!!!!!! JOIN NOW,, and learn HOW to WIN, NOW!!!!!!!!!!! I want every lawyer that has a consciousness to join NOW! We don’t have a lot of time!!! Everyone searching for an answer , we HAVE it!! HELP ME make it happen NOW!!!

  7. So, now Gary…..I am not surprised at all.

    If WE, the People will keep quiet about it and let them do anything they want (Judges and Banks), we will be all (we actually are now) homeless.

    Mark Stopa who published about Judicial oppression and fixing foreclosure cases was disbarred and exposed as a crook to the public. I do not believe it.

    In HI Judges attacked journalist Sherry Kane who exposed judicial corruption in foreclosures.

    Lawyer Lanre Amu IL was disbarred for exposing judicial corruption. Other lawyers are threatened by Judges and keep their mouth closed.

    I was terrorized by Judges who (1) sent me criminal detective because I promised to protect my rights under the law. Judge found it threatening; (2) invited corrupt clown to impersonate as “criminal prosecutor”. The clown lost his judicial election 10 days earlier and hoped to get an assignment as a Judge ; (3) arrested me and hold a hostage in the Courtroom without ANY cause or any explanations; (4) sent me three sheriffs at 7AM to bang in my door and scare all neighbors to deliver a bogus “Motion to Show Cause in contempt” – while my case was pending in Appeal.

    Foreclosures MUST be removed from the regular Court and decided only by Jury, without any Judges.

    Judges have too much financial and personal interest in the outcome. They serve themselves and their families.

  8. WHY is the Bar in each state NOT upholding law? Why have they capitulated to a massive financial fraud? Do they not realize how many lives are devastated by this? It is not just what the homeowner has lost, it is his credit rating, his reputation, even the ability to RENT a place to live when he/she has the money/income to PAY for a place, just because now there is a foreclosure and a seemingly automatic EVICTION placed upon their record too. Many places will not rent to you if you have EVER had an eviction. So a former homeowner cannot get back on his or her feet, financially, maybe not ever. Homelessness is what the crooks want to cause everyone, apparently. Why is the so-called “securitization” not declared the fraud that it is? Why is NO ONE pursuing the banks? Why is it that our very government seems to be in bed with the crooks?

  9. Thank you Neil for helping to clear the fog. I will never forget the feeling of fear a lawyer who won a major case in Los Angeles had, saying the bar association didn’t want lawyers taking any homeowner cases.

  10. Thanks Neil! Explains why he is no longer on the air!

    If not for you, Gary and BP —we wouldn’t have lasted this long.. eleven year! and still fighting!

    Thank you and grateful for the three of you… if only we could clone you three in every jurisdiction, the Investment Banks would be the ones in trouble!

  11. He NEEDS to join our group, along with every Police Officer and HUMAN in the World, time for change is NOW join

  12. I am going to suggest to all , WE THE PEOPLE are coming together and Change is about to happen, ck out, and why this is going to work, Get involved, time for Change! GET RID OF TYRANNY!!!!!!

  13. Attorney Dubin is one of the best foreclosure defense attorneys in the nation. He is being unjustly punished for helping homeowners.

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