LONGEST FORECLOSURE CASE IN HISTORY GOES TO THE U.S. SUPREME COURT

The foreclosure story of Richard Davet is one of dedication, persistence, and a never ending will to stand by his convictions and his home.

I wrote about Mr. Davet in December here on LoanWorkout.org.

In 1996, Mr. Davet was served with a foreclosure action  in his Cuyahoga County, Ohio 1940’s six bedroom home. Unlike many homeowners that just take their foreclosure medicines and move on to rent, Richard Davet decided he was going to fight back against NationsBanc Mortgage Corp., and challenge them until the end in a Ohio court of law.

Davet planted his heels firmly, and turned his fight into a full time job as he hit the books at the library of Case Western Law. He began his fight by challenging the lawsuit and then pro-longed the suit by flooding the court with motions, objections, and affidavits. He appealed the judge’s rulings at every chance, and it bought him 11 years, mortgage payment free in his home.

Today I received this email press release:

The Petitioners remain optimistic that the Court will not allow Banks to expand the “Rooker-Feldman “Doctrine to dodge accountability for fraud in the mushrooming foreclosure crisis.

The Petition raises an important question of first impression before the court since D.C. COURT of Appeals v. Feldman decided in 1983. Whether “Rooker-Feldman” abrogates the filing in a federal court of a common law bill in equity under Barrow v. Hunton, seeking to void a state foreclosure decree when Petitioners did not ask the federal courts to review the merits of a foreclosure decree only those departures from the established  modes of procedure effecting the full and fair opportunity to be heard under the Due Process Clause of the Fourteenth Amendment such as the manipulation and re-assignment of elected partisan judges off the record; willfully evading the random re-assignment procedure established by the clerk of courts as well as fraud upon the rendering Ohio courts by Banks that did not have standing to bring a foreclosure action as they possessed no cognizable legal or equitable interest in Petitioner’s house or the mortgage instruments.

Cleveland, OH, June 18, 2008: , The Davets’ unrelenting and determined challenge as pro se litigants to stop the foreclosure of their home began in 1996 and has been widely reported in the national press for their willingness to pursue their claims. See e.g. Amir Efrati, The Courthouse: How One Family Fought Foreclosure, WALL STREET JOURNAL (12/28/07) at page A-1:

Mr. Davets’ case is believed to be the longest residential foreclosure of its kind in the history of Cuyahoga County, which is the epicenter of the foreclosure crisis currently enveloping Ohio and many other parts of the country. Mr. Davets’ case is believed to be the longest residential foreclosure of its kind in the history of  Cuyahoga County, which is the epicenter of the foreclosure crisis currently enveloping Ohio and many other parts of the country. 

The case calls into question the role of the state court judiciary in the foreclosure process when courts lowered the bar to financial institutions in violation of the Equal Protection Clause of the 14 Amendment, prejudicing defendants  by overlooking the requirement in Ohio law to have the real party of interest before the court as the owner and holders of the note ( Civil Rule 17). In Cuyahoga County, OH where the Petitioners property is located there are over 1,000 foreclosure cases being filed monthly at a court fee of $ 450.00 each ( $450,000 per month) creating an obvious conflict of interest for the judiciary. 

I am following the Story of Richard Davet very closely and hope he is victorious in his fight against injustice, and for what is right.

 

 


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