The local promoter at the center of the University of Hawaii’s botched Stevie Wonder concert is facing the possible loss of his Kailua home after allegedly defaulting on a $654,500 mortgage loan. The financial woes of promoter Robert V. Peyton appear to date back to another failed concert at the UH Stan Sheriff Center in 2005.
A foreclosure lawsuit against Peyton and his wife, Marie T. Peyton, was filed on November 21, 2011 by Deutsche Bank National Trust Company, the current holder of the mortgage. The loan was originally made in 2005 by Option One Mortgage Corporation, now known as Sand Canyon Corporation.
The Peyton’s modest 1,242 square foot home on Mokapu Blvd. was originally purchased in July 1994, real estate records show. It is currently assessed for tax purposes at $642,100.
An earlier nonjudicial foreclosure threat was blocked by a lawsuit filed by Honolulu attorney Gary Dubin in October 2009 against Option One seeking cancellation of the original mortgage for alleged technical violations of the federal Truth in Lending Act.
Peyton’s lawsuit, originally filed in state court but later transferred to U.S. District Court in Honolulu, was eventually dismissed, but not before it succeeded in stalling the bank’s attempt to foreclose. Option One no longer holds the mortgage, which had already been transferred to Deutsche Bank, court records show.
Peyton is the sole officer of BPE Productions Inc., the company that was promoting the Wonder concert for the UH Athletic Department, according to published accounts. His wife, Marie, is listed as a director of the company, according to state business records. BPE and two other Peyton businesses list the Mokapu Blvd. home on business registration records.
It was reportedly at Peyton’s direction that the university wired $200,000 to a Florida bank account supposedly controlled by Epic Talent LLC. Although described as an escrow account, which should have been under the control of an independent third party, it now appears the money may have been paid into a regular account and quickly transferred elsewhere.
Peyton’s money woes appear to date back to 2005, when BPE Productions was promoting a pair of Mariah Carey concerts that were also to be held at Stan Sheriff Center in December of the same year. The Honolulu Star-Bulletin reported on November 14, 2005 that both concerts had been cancelled, citing a press release by Peyton.
In October 2005, Peyton obtained the $654,500 mortgage loan largely to consolidate existing debts, according to loan documents filed in the federal court proceedings.
Proceeds of the loan were used to pay off a series of Peyton’s debts, including $10,290.54 owed to American Express, $12.566.94 due on a Chase Bank charge card, and two Bank of Hawaii loans with balances of $243,531.47 and $250,980.27, as well as settlement costs and mortgage broker fees.
Peyton received the balance of $117,960.49 when the loan closed in October 2005..
A month later, the planned Mariah Carey concerts fell apart.
Peyton cancelled another show featuring a group from Las Vegas planned for November 2008, this time a fundraising event for HUGS, a local nonprofit. Within months, Peyton and his wife were facing threats of foreclosure after falling behind on mortgage payments, court records show.
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Excellent reporting, Ian.
Due diligence, a rather simple concept that people fail to comprehend. Instead of writing this blog, why don’t you set up a business model to conduct due diligence work for those either to lazy or stupid to do it themselves.
It probably will be only a part-time business, because the demand is sketchy as who is willing to pay for such work now days. In the past, Marty Plotnick ran this type of business, until the internet and retirement caught up to him.
Ian, your investigative report mentioned attorney Gary Victor Dubin in connection with his representation of concert promoter Robert Peyton. Readers should run Dubin’s name through Google (which I just did).
Dubin is a highly controversial lawyer with a long list of allegations against him claiming that he has abused his clients. He served 19 months in federal prison on conviction of charges concerning moral turpitude and professional misconduct, although he has maintained his innocence and claimed the judge who handled his trial and sentencing was also guilty of misconduct. Citizens for Legal Responsibility (a watchdog group who publicize misconduct by lawyers) apparently received a threatening email from Dubin, and CLR maintains a webpage asking Dubin’s former clients to contact them.
Anyone who watches TV has no doubt seen the currently-running commercial for the Law Offices of Gary Dubin seeking clients who need a legal defense against mortgage foreclosure. The commercial shows “real process servers” saying the hardest part of their job is serving eviction notices on homeowners who don’t know their legal rights. The process servers are nailing a notice on a house, knocking on the door, and a husband and wife come to the door with a child waving a tiny U.S. flag as they are told they must move out.
The reason I recognized Dubin’s name is that Dubin was attorney for Keanu Sai at the time of Sai’s propaganda circus at the court of arbitration at the Hague. Dubin appeared onstage at UH sitting next to Sai in a panel discussion approximately 1999-2001. The panel included the attorney for Sai’s so-called opponent Lance Larsen (that attorney was a newly-minted law school graduate with the voice and appearance of a 16 year old haole girl). Having previously done lots of research on Sai’s “World Court” case, my very strong impression listening to the panel (especially listening to Mr. Dubin) was that any attorney representing either Sai or Larsen must be knowingly involved in a scam.
I don’t know whether Dubin’s current efforts to defend clients against mortgage foreclosure is based on Keanu Sai’s theories, or whether Dubin has abandoned Sai’s theories. But either way, his history clearly shows lots of people regard him as a shady character.
For more background about Mr. Dubin’s past problems with government bureaucracy and the judicial system you should read:
http://www.abajournal.com/magazine/article/real_trouble/
I would submit that there are other motivating reasons why Gary Dubin takes on unpopular and off beat causes. At this stage of his life I doubt that financial gain is the primary motivating interest in life rather he seems to be more interested in disrupting the “establishment” perhaps in order to exact some type of revenge against the system that took 19 months of his life only to later declare him not guilty of the crime he had been convicted of. In his defense of delinquent borrowers he has succeeded in winning concessions from mortgage companies and has gotten many foreclosures either delayed or dismissed. By the way, I see no connection between the claims made by Keanu Sai and the arguments used by Dubin in foreclose cases. It is difficult to characterize what Gary Dubin is doing as being “shady” after considering the questionable manner that mortgages were first marketed and then the way they were foreclosed on by large banks and financial institutions. It is more probable that he just exacting a small amount of revenge against a system that is clearly imperfect.
SMH…..Conklin still trying to discredit Sai. When will you ever learn.? Why don’t you write law journal articles disproving Sai’s work and have them peer reviewed and published. Then maybe people won’t see you as an angry, insane, and vengeful individual. Otherwise all that’s coming out of your mouth is your own personal biased mumble jumble opinion! I’ll take qualified facts over personal bias any day!