Living Lies – by Neil Garfield
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.
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.
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.
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.