Hawaii Toxic Titles | RE SB 651 – Fannie Mae Update on Legislative Changes Affecting Non-Judicial Foreclosures

TOXIC TOXIC TOXIC

TITLES TITLES TITLES TITLES

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You all remember when the HAWAII LEGISLATURE PASSED SB 651 RELATING TO MORTGAGE FORECLOSURES right?

An owner-occupant of a residential property that is being
foreclosed nonjudicially under this part may convert the action
to a judicial foreclosure under the following conditions:

A complaint conforming to section 667-S shall be filed
with the circuit court in the circuit where the
residential property is located, stating that the
owner-occupant of the property elects to convert the
nonjudicial foreclosure to a judicial foreclosure
proceeding;

(2) The complaint described in paragraph (1) shall be
filed with the circuit court no later than thirty days
after the notice of default and intention to foreclose
is served on the owner-occupant as required by section
667—22;

(3) within forty-five days of the filing of the complaint,
all owner-occupants of an interest in the residential
property whose interests are pledged or otherwise
encumbered by the mortgage that is being foreclosed
and all persons who have signed the promissory note or
other instrument evidencing the debt secured by the
mortgage that is being foreclosed, including without
limitation co-obligors and guarantors, shall file a
statement in the circuit court action that they agree
to submit themselves to the judicial process and the
jurisdiction of the circuit court. If this condition
is not satisfied, the circuit court action may be
dismissed with prejudice as to the right of any owner-
occupant to convert the action to a judicial
proceeding, and the mortgagee may proceed
nonjudicially;

(4) The filing of the complaint shall automatically stay
the nonjudicial foreclosure action unless and until
the judicial proceeding has been dismissed;

(5) The person filing the complaint shall have an
affirmative duty to promptly notify the Hawaii
attorney who is handling the nonjudicial foreclosure
. about the filing of the conversion;

(6) All parties joined in the converted judicial
proceeding may assert therein any claims and defenses
that they could have asserted had the action
originally been commenced as a judicial foreclosure
action; and

(7) Notwithstanding chapter 607, the fee for filing the
complaint shall be not more than $525; of which $250
shall be deposited into the mortgage foreclosure
dispute resolution fund.

Well, Fannie Mae just responded to this death blow with a servicing announcement, which is below.

From the announcement..

Effective immediately and until further notice, all new Fannie Mae foreclosures in Hawaii must be commenced as judicial foreclosures.

Effective immediately, all pending Fannie Mae non-judicial foreclosures in Hawaii that have not proceeded to sale should be dismissed and converted to judicial foreclosures.

That’s interesting. Why would they elect to do ALL foreclosures through the courts?

Due to potential title insurance issues, Fannie Mae may be required to eliminate certain recent REO acquisitions that resulted from non-judicial foreclosures. Upon being notified of any eliminations, servicers must immediately restart the matters as judicial foreclosures.

Ah, I see…

Trying to fix the toxic titles once again…

Good luck on that Fannie. You all destroyed this county’s land records to the point of no return.

There is no fixing this. The titles are toxic and can not be repaired and all of these charades will not change anything.

Full announcement below…

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4closureFraud.org

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Hawaii Legislative Changes Affecting Non-Judicial Foreclosures

Comments
10 Responses to “Hawaii Toxic Titles | RE SB 651 – Fannie Mae Update on Legislative Changes Affecting Non-Judicial Foreclosures”
  1. Horokane says:

    Do you want to see a real fraudulent NJF foreclosure committed documented. Check these links out! It is unbelievable!

    See our petition here: https://www.change.org/petitions/justice-against-cia-linked-drug-trafficking-attorney-paul-j-sulla-jr?utm_campaign=mailto_link&utm_medium=email&utm_source=share_petition

    And our press release: http://www.prlog.org/11993305

  2. Dee Preston says:

    WE KNEW THIS WAS COMING…MAY WE ALL BE THANKFUL THEY WERE SO CARELESS AND CHEAP AND THOUGHTLESS AND GREEDY! ANYWAY, IF THIS WORKED IN HAWAII, WHY NOT ALL OF THE OTHER NON JUDGICAL STATES? COME NOW TEXAS AND WASHINGTON STATE AND OREGON AND CALIFORNIA…ETC…THE PATH HAS ALREADY BEEN LAID OUT FOR YOU, I AM SURE FREDDIE AND FANNIE ARE FINALLY FEELING A BIT TWITCHY…THEY HAVE NO IDEA……WHEN EVERY ONE GETS A LOAD OF THE CDS ‘S AND LEVERAGE RATES….TRY 70:1 AND I DID NOT MAKE THAT UP…AND THE CDS’S ARE UPWARDS OF 65T….CHEW ON THAT FOR A WHILE…LOOK UP WIKIPEDIA FOR FREDDIE MAC AND FANNIE MAE TAKEOVER. ITS JUST STARTING TO GET GOOD NOW! FINALLY ITS BEEN A LONG 3 PLUS YEARS. GOD BLESS ALL THOSE WHOM ARE WORTHY AND FOR THE REST OF THEM, MAY THE DEVIL GET ALL HIS DUES. DEBI 561-389-9339
    I AM WRITING IN BOLD BECA– USE MY PUPPY ATE MY GLASSES…SORRY!

  3. Marcy says:

    But how will going through the courts help the banks fix the title problem?

    Well, as I just found out, Hawaii Judicial foreclosures do not require banks to show proper chain of title, while the new law for non judicial foreclosures DOES require showing chain of title prior to mediation.

    Hawaii Judges just need to tell the banks they are going to ask for proper chain of title ,
    and they better have it before they waste their time in court!

    Than what will the banks do?

    Start making many good and fast loan modifications before they even think about foreclosure !!!!!

  4. l vent says:

    The FANNIE/FREDDIE pirate ship is sinking and they know it. Give those stolen homes back to the people! Fannie and Freddie and their IMF OWNERS are GREEDY PIGS. I have equal disdain for some judges who know the truth and are lying to homeowners faces everyday and are telling WE THE PEOPLE they have to mediate with the banks or the judges are FORCING WE THE PEOPLE INTO SHORT SALES AND THE LIKE, WITHOUT FORCING THE PRETENDER LENDERS TO PROVE THEY ARE THE PARTY IN DUE COURSE…THAT IS ILLEGAL, THESE ARE UNSECURE DEBTS. THEY HAVE NO RIGHT TO FORCE WE THE PEOPLE TO PAY AN UNSECURED DEBT OF FORCE WE THE PEOPLE INTO SHORT SELLING OUR HOMES. THESE JUDGES SHOULD BE INVESTIGATED BY THE DOJ FOR THEIR UNCONSTITUTIONAL CONFLICT OF INTEREST THEY ARE DISPLAYING IN COURT ROOMS ACROSS AMERICA EVERYDAY. THE PEOPLE SHOULD BE TOLD _UP FRONT_BY THESE JUDGES IN COURT, THIS IS AN UNSECURED DEBT. PERIOD. THIS IS ILLEGAL AND UNCONSTITUTIONAL BULLSHIT.

  5. lies all of it says:

    @ bobbie not everyone is educated about law including me. i am in florida and have a wells fargo serviced loan they have done one to many dasterdly things me and would love to sue first but do not know how and the lawyers in florida are unwilling to after the banks for pain suffering ect. so i do not think it is a question why the people in hawaii should go after a quiet title is how do you do it. we are all in the same bind. for true people in default we are under employed , unemployed and our bank accouts are depleated for most of that is. it is very fustrated to have to defend yourself and not no how or this should have not happened in the first place.

    • Bobbi Swann says:

      @ lies all of it: I am not a lawyer nor am I associated with any type of legal career. But I did spend hours and hours in the law library at the court house and researching the state’s websites and digging through the internet with as much information as I could find. The law library was all very courteous in assisting me in finding the right places to do my research. I am defending my own foreclosure pro se and it is not easy, believe me. With a 9.1% unemployment rate here in Florida a lot of us are either unemployed or underemployed (and my situation is the latter). My benefit, if that is what you would call it, is that my experience as a mortgage broker gives me an edge on how the system should work but the deeper part of the legal aspect was beyond my knowledge. My income was sliced by more than half as I work only on commission and that is driven by the market, which is pretty crappy at the present (and past) time. I was NOT one of those fly by brokers who made a fortune from unsuspecting borrowers. In fact, most of my business loss was due to the fact that I refused to do those crazy loans offered back in 2005; sort of like black balled for not following the crowd. I could not take the craziness anymore so I left the industry for a short period working in a totally different arena but that company went bankrupt. I now work 3 PT jobs to keep it all going but like you say, have no pot of gold to hire an attorney. It is time consuming and you don’t get much sleep but all I can say is FIGHT, FIGHT, FIGHT. Filing for suit for Quiet Title is not all that expensive and I’ve been saving for that. In the long run it is still well worth it for a possible defeat! the fraud runs sooo deep that it is unbelieveable; much deeper than I originally suspected when I first started the research.

  6. lies all of it says:

    i missed something here i thought judicial and non judicial foreclosures was legistlative i feel like our country is now being run by the banks. now all of th sudden fannie mae is now runing our government . no dont get me wrong this great news for hawaii but i am just asking about governmental prodedures here and legistlative law. so why continue foreclosures at all they are all fake. why not just admit there has been a mistake why go through all this rigamorall.

    • l vent says:

      The foreign owned and operated Federal Government owns Fannie and Freddie and all of the FDIC insured banks as well. I went to my local recorders office yesterday and the clerk told me the U.S. GOVERNMENT is letting the FEDERAL GOVERNMENT GET AWAY WITH MURDER…..It is a giant foreign multinational tyranny that has hijacked America. WE THE PEOPLE need to file as many complaints with the State AG’s and the Governors of the States. the States Attorneys, the FBI, The U.S. ATTORNEY GENERAL, THE U.S STATES ATTORNEY, THE DOJ, THE SEC , THE TREASURY and HUD, against as many of these crooks as we can find..We need to educate as many people as we can about the mortgage fraud and the Ponzi Scheme about who did this to America and how they did it..

  7. Javagold says:

    now we are getting somewhere……but still so much more to do !

  8. Bobbi Swann says:

    Okay, from reading this I have a question. If all the foreclosures are now going to be Judicial, and the titles are toxic, then why can’t every homeowner in question file for Quiet Title? That way, the lender goes bye bye and the title to the property then reverts back to the homeowner who had the foreclosure instituted in the first place. In all likelihood the lender will not be able to prove ownership of the note and mortgage anyways. Do they honestly think that the courts are going to be siding with them on all these cases?

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