“Possession is nine-tenths of the law.”
Marcy Kaptur of Ohio is the longest-serving Democratic congresswoman in U.S. history. Her district, stretching along the shore of Lake Erie from west of Cleveland to Toledo, faces an epidemic of home foreclosures and 11.5 percent unemployment.That heartland region, the Rust Belt, had its heart torn out by the North American Free Trade Agreement, with shuttered factories and struggling family farms.
Kaptur led the fight in Congress against NAFTA. Now, she is recommending a radical foreclosure solution from the floor of the U.S. Congress: “So I say to the American people, you be squatters in your own homes. Don’t you leave.”
She criticizes the bailout’s failure to protect homeowners facing foreclosure. Her advice to “squat” cleverly exploits a legal technicality within the subprime-mortgage crisis. These mortgages were made, then bundled into securities and sold and resold repeatedly, by the very Wall Street banks that are now benefiting from TARP (the Troubled Asset Relief Program).
The banks foreclosing on families very often can’t locate the actual loan note that binds the homeowner to the bad loan. “Produce the note,” Kaptur recommends those facing foreclosure demands of the banks.
Read Moe’s produce the note blog posts from 2007-present:
Where’s the note, who’s the holder: Enforcement of the promissory note secured by real estate
February 19, 2009
I have been writing about the missing note theory for almost two years now and it appears that the great minds in the legal profession and of our courts have …
Missing Mortgage Notes and Deceptive Mortgage Servicing: Wall Street Shell Game 101
October 31, 2008
Millions of Americans are facing foreclosure and many have already suffered their foreclosure fates without ever even exploring options to save their homes. Most all homeowners just accept the fact …
Does Your Lender Have the Right to Foreclose on You?
October 15, 2008
By Moe Bedard (Filed Under Stop Foreclosures Effectively) This is the question of the day floating throughout the legal blog sphere and I wanted to elaborate on this subject that we …
Longest Foreclosure Battle in US History Continues for Ohio Man
October 8, 2008
Supreme Court Denies Petition for Writ Of Certiorari of Couple Seeking Return of their Home taken under the Color of Law as the Trial Court lacked jurisdiction to Render Judgment …
Bring Down the Banks with these Foreclosure Defense Tactics
July 7, 2008
Get your gloves on and start training for the fight of your life because foreclosure defense is going to be no easy battle. Make no bones about it, you are …
LONGEST FORECLOSURE CASE IN HISTORY GOES TO THE U.S. SUPREME COURT
June 18, 2008
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 …
The Mers Fifty Million Mortgage Meltdown
June 18, 2008
By LoanWorkout.org Reader Kevin Lamson PART I. The Promissory Note Evidence Ownership of Debt and Standing to Bring Suit. · The Fundamentals: In the period beginning in 1999 and ending in March of …
Richard Davet – Can someone please help me locate Mr. Davet in Ohio?
January 5, 2008
I had wrote a story a few days back about a homeowner in Ohio that fought his foreclosure for 11 years. His name is Mr. Richard Davet. The story was …
Ohio Homeowner Fights Foreclosure and Lives Payment Free for 11 Years
December 28, 2007
Let the truth be known. Most homeowners do not respond or fight back when they are facing foreclosure. The lender files the notice of default and the court hearing comes …
Ohio Lawyers to Help Homeowners
December 26, 2007
More than 200 lawyers have volunteered to help financially strapped homeowners facing foreclosure in response to a request by Chief Justice Thomas Moyer to provide free legal advice. The president of …
Foreclosure Warfare – “It is troubling that the plaintiff has filed this case before it had any interest in it”
December 13, 2007
By Moe Bedard & Aaron Krowne “It is troubling that the plaintiff has filed this case before it had any interest in it,” Hamilton County Common Pleas Judge Steven E. Martin …
32 More Foreclosures Dismissed for Lack of “Documentation”
November 19, 2007
By Moe Bedard & Aaron KrowneIn another Ohio ruling on November 14th, State District Judge Kathleen Mc Donald O’Malley dismissed 32 more foreclosures for lack of “documentation”. Read the ruling here. Judge …
The Judicial Integrity of the United States Court is “Priceless” – 27 More Foreclosures Dismissed
November 18, 2007
By Aaron Krowne & Moe Bedard In a decision piggy-backing on Judge Boyko’s recent Deutsche Bank ruling (announced on this site Tuesday), Judge Rose has thrown out another batch of foreclosures, …
True Sale, False Securitizations
November 18, 2007
A story we broke this past Tuesday in regards to the Ohio Federal Court Deutsche Bank ruling has been getting a tremendous amount of attention, and rightfully so. …
Deutsche Bank Foreclosures Tossed Out of Ohio Federal Court – “They Own Nothing!”
November 13, 2007
Judge Christopher A. Boyko of the Eastern Ohio United States District Court, on October 31, 2007 dismissed 14 Deutsche Bank-filed foreclosures in a ruling based …
{ 2 trackbacks }
{ 1 comment… read it below or add one }
I agree. Let’s all just stay right where we are!
Seriously, where do they expect all of these people (including me) and their pets etc. to go? I live in southern California and there’s a real shortage of homeless locations. (no joke)
We have a countrywide loan which they say cannot be modified even though we are eligible because the loan is held by Wells Fargo. This is the first we’ve heard of this. Anyway, the whole thing is a scam.