Review all HI foreclosures starting in 2008; require plaintiffs restart or set aside actions where plaintiff lacked standing at the time of the start of the action; introduce retroactive legislation requiring all HI foreclosure lawyers to establish client standing to conduct foreclosure via both ownership of original note as well as perfected ownership of security interest.
Why is this important?
Law firms are filing foreclosure actions without first checking whether their clients own the debt underlying the mortgage being foreclosed; they proceed based on frequently faulty assignments of mortgage rather than proving debt ownership. Judges are allowing this. Introduce retroactive legislation to stop both lawyers and judges from allowing this inequity, and require foreclosures be examined and as applicable be reversed.
