irvinefsbo_IHB
New member
<a href="http://loanworkout.org/2007/12/28/ohio-homeowner-fights-foreclosure-and-lives-payment-free-for-11-years/#"></a><a title="Permanent Link to Ohio Homeowner Fights Foreclosure and Lives Payment Free for 11 Years" rel="bookmark" href="http://loanworkout.org/2007/12/28/ohio-homeowner-fights-foreclosure-and-lives-payment-free-for-11-years/">Ohio Homeowner Fights Foreclosure and Lives Payment Free for 11 Years</a>
<p class="PostDate"><strong class="day">28</strong> <strong class="month">Dec</strong> </p>
<p class="PostInfo"><em>http://loanworkout.org/2007/12/28/ohio-homeowner-fights-foreclosure-and-lives-payment-free-for-11-years/</em></p>
<p class="PostInfo"><em>By Moe Bedard</em></p>
<p>Let the truth be known. Most homeowners do not respond or fight back when they are <a target="_blank" href="http://www.iamfacingforeclosure.com/">facing foreclosure</a>. The lender files the notice of default and the court hearing comes and goes without a peep, answer or simple appearance from the defendant (homeowner). 120-180 days later, the trustee sale happens on the court steps and they become another foreclosure statistic.</p>
<p>Then there’s Richard Davet.</p>
<p>In 1996, Mr. Davet was served with a <a target="_blank" href="http://online.wsj.com/public/resources/documents/complaint-WSJ20071228.pdf">foreclosure action </a> in his Cuyahoga County, Ohio 1940’s 6 bedroom home. Unlike many homeowners that just take their foreclosure medicine and move on to rent, Richard Davet decided he was going to fight back against NationsBanc Mortgage Corp. and challenge them till the end in a Ohio court of law.</p>
<p>Davet planted his heels firmly and turned his fight into a full time job as he hit the books at the library of <a target="_blank" href="http://law.cwru.edu/">Case Western Law</a>. He began his fight by challenging the lawsuit and then pro-longed the suit by flooding the court with motions, objections and affidavits, and he appealed the judge’s rulings at every chance, which bought him 11 years, mortgage payment free in his home.</p>
<p><a target="_blank" href="http://online.wsj.com/article/SB119881051300654741.html">Wall Street Journal</a>;</p>
<p class="times">“Mr. Davet has litigated these same issues over and over again…and in each instance the courts have dismissed his claims,” said <a class="times rolloverQuote" onmouseover="window.status=(' Quotes & Research for BAC');return true" onmouseout="window.status=('');return true" href="http://loanworkout.org/quotes/main.html?type=djn&symbol=bac">Bank of America </a>Corp., Charlotte, N.C., which merged with the owner of NationsBanc.</p>
<p class="times">Several years into the case, Bank of America took the unusual step of bringing in lawyers from a big corporate law firm, <a class="times rolloverQuote" onmouseover="window.status=(' Quotes & Research for DJ');return true" onmouseout="window.status=('');return true" href="http://loanworkout.org/quotes/main.html?type=djn&symbol=DJ">Jones Day</a>. Five years later, in 2005, a judge granted foreclosure in the amount Mr. Davet owed and set a sale date for the property so that the creditors could take the sale proceeds. But when the property finally went to sale, Mr. Davet set up a shell company to win the auction, for $436,000. He couldn’t pay more than the required $10,000 deposit, but the move delayed his eviction by months.</p>
<p class="times">Mr. Davet says it wasn’t a delay tactic and that he was trying to line up investors to buy the property. The house was later sold to another family for $410,000.</p>
<p class="times">The eviction finally happened on a snowy day in January of this year. Don Saunders, who lived three doors down from Mr. Davet and is a trustee of the neighborhood association, says it came as a shock in the upscale area.</p>
<p>Mr. Davet could be called a foreclosure fighter and pioneer or what a lot of critics have called him, “a scumbag”.</p>
<p><a target="_blank" href="http://blogs.wsj.com/law/2007/12/28/determined-homeowner-staves-off-foreclosure-for-11-years/">The Wall Street Journal</a>; </p>
<p>The mortgage company that filed the <a target="blank" s_oidt="0" s_oid="http://online.wsj.com/public/resources/documents/complaint-WSJ20071228.pdf" href="http://online.wsj.com/public/resources/documents/complaint-WSJ20071228.pdf">suit</a>, then NationsBanc Mortgage Corp., had so much trouble with the case that four years into it they brought in lawyers from <a target="_blank" href="http://www.jonesday.com/">Jones Day</a>.</p>
<p>I obtained this quote from the <a target="_blank" href="http://http//www.jonesday.com/firm/overview/">law firms website</a>;</p>
<p>Since 1893, Jones Day has grown, in response to our clients’ needs, from a small, local practice to a truly global firm with more than 2,300 lawyers in 30 offices around the world. Today, Jones Day is one of the most recognized and respected law firms in the world, and we count more than 250 of the <em>Fortune</em> 500 among our clients.</p>
<p>I think it’s quite amusing that a homeowner from Cuyahoga County, Ohio gave this powerful, 2,300 lawyer and 30 office law firm a 11 year fight.</p>
<p>More form WSJ;</p>
<p class="times">Mr. Davet continued to try, unsuccessfully, to get the federal court to agree that the state judgment was invalid. Then, a possible lifeline arrived this past October, when a federal judge in Cleveland, Christopher A. Boyko, dismissed 14 foreclosure suits because the plaintiffs that brought them couldn’t prove they owned the mortgages when the suits were filed.</p>
<p class="times">Such a problem can occur when mortgages are turned into securities and sold to investors. The companies involved in the transaction may not have checked that each mortgage was legally transferred, or “assigned,” to the new owners. In essence, the originating lender continued to legally own the mortgage — and would thus need to be the plaintiff in a foreclosure suit. In Mr. Davet’s case, however, the mortgage, which was not securitized, changed hands multiple times and wasn’t actually owned by NationsBanc until three years after the company filed suit.</p>
<p class="times">Other judges have since followed Judge Boyko’s lead. The Ohio attorney general has asked numerous judges to dismiss or delay foreclosures based on similar grounds.</p>
<p class="times">Earlier this month, Mr. Davet filed a second federal appeal, this time citing the Boyko ruling, which he believes he inspired. It’s unclear whether the latest salvo will work. If it doesn’t, Mr. Davet says, he will set his sights on the U.S. Supreme Court.</p>
<p class="times"> </p>
<p class="times">***comments by irvinefsbo</p>
<p class="times">Can you image if just 1% of foreclosure owners did this? I can see lawyers having a field day! </p>
<p class="PostDate"><strong class="day">28</strong> <strong class="month">Dec</strong> </p>
<p class="PostInfo"><em>http://loanworkout.org/2007/12/28/ohio-homeowner-fights-foreclosure-and-lives-payment-free-for-11-years/</em></p>
<p class="PostInfo"><em>By Moe Bedard</em></p>
<p>Let the truth be known. Most homeowners do not respond or fight back when they are <a target="_blank" href="http://www.iamfacingforeclosure.com/">facing foreclosure</a>. The lender files the notice of default and the court hearing comes and goes without a peep, answer or simple appearance from the defendant (homeowner). 120-180 days later, the trustee sale happens on the court steps and they become another foreclosure statistic.</p>
<p>Then there’s Richard Davet.</p>
<p>In 1996, Mr. Davet was served with a <a target="_blank" href="http://online.wsj.com/public/resources/documents/complaint-WSJ20071228.pdf">foreclosure action </a> in his Cuyahoga County, Ohio 1940’s 6 bedroom home. Unlike many homeowners that just take their foreclosure medicine and move on to rent, Richard Davet decided he was going to fight back against NationsBanc Mortgage Corp. and challenge them till the end in a Ohio court of law.</p>
<p>Davet planted his heels firmly and turned his fight into a full time job as he hit the books at the library of <a target="_blank" href="http://law.cwru.edu/">Case Western Law</a>. He began his fight by challenging the lawsuit and then pro-longed the suit by flooding the court with motions, objections and affidavits, and he appealed the judge’s rulings at every chance, which bought him 11 years, mortgage payment free in his home.</p>
<p><a target="_blank" href="http://online.wsj.com/article/SB119881051300654741.html">Wall Street Journal</a>;</p>
<p class="times">“Mr. Davet has litigated these same issues over and over again…and in each instance the courts have dismissed his claims,” said <a class="times rolloverQuote" onmouseover="window.status=(' Quotes & Research for BAC');return true" onmouseout="window.status=('');return true" href="http://loanworkout.org/quotes/main.html?type=djn&symbol=bac">Bank of America </a>Corp., Charlotte, N.C., which merged with the owner of NationsBanc.</p>
<p class="times">Several years into the case, Bank of America took the unusual step of bringing in lawyers from a big corporate law firm, <a class="times rolloverQuote" onmouseover="window.status=(' Quotes & Research for DJ');return true" onmouseout="window.status=('');return true" href="http://loanworkout.org/quotes/main.html?type=djn&symbol=DJ">Jones Day</a>. Five years later, in 2005, a judge granted foreclosure in the amount Mr. Davet owed and set a sale date for the property so that the creditors could take the sale proceeds. But when the property finally went to sale, Mr. Davet set up a shell company to win the auction, for $436,000. He couldn’t pay more than the required $10,000 deposit, but the move delayed his eviction by months.</p>
<p class="times">Mr. Davet says it wasn’t a delay tactic and that he was trying to line up investors to buy the property. The house was later sold to another family for $410,000.</p>
<p class="times">The eviction finally happened on a snowy day in January of this year. Don Saunders, who lived three doors down from Mr. Davet and is a trustee of the neighborhood association, says it came as a shock in the upscale area.</p>
<p>Mr. Davet could be called a foreclosure fighter and pioneer or what a lot of critics have called him, “a scumbag”.</p>
<p><a target="_blank" href="http://blogs.wsj.com/law/2007/12/28/determined-homeowner-staves-off-foreclosure-for-11-years/">The Wall Street Journal</a>; </p>
<p>The mortgage company that filed the <a target="blank" s_oidt="0" s_oid="http://online.wsj.com/public/resources/documents/complaint-WSJ20071228.pdf" href="http://online.wsj.com/public/resources/documents/complaint-WSJ20071228.pdf">suit</a>, then NationsBanc Mortgage Corp., had so much trouble with the case that four years into it they brought in lawyers from <a target="_blank" href="http://www.jonesday.com/">Jones Day</a>.</p>
<p>I obtained this quote from the <a target="_blank" href="http://http//www.jonesday.com/firm/overview/">law firms website</a>;</p>
<p>Since 1893, Jones Day has grown, in response to our clients’ needs, from a small, local practice to a truly global firm with more than 2,300 lawyers in 30 offices around the world. Today, Jones Day is one of the most recognized and respected law firms in the world, and we count more than 250 of the <em>Fortune</em> 500 among our clients.</p>
<p>I think it’s quite amusing that a homeowner from Cuyahoga County, Ohio gave this powerful, 2,300 lawyer and 30 office law firm a 11 year fight.</p>
<p>More form WSJ;</p>
<p class="times">Mr. Davet continued to try, unsuccessfully, to get the federal court to agree that the state judgment was invalid. Then, a possible lifeline arrived this past October, when a federal judge in Cleveland, Christopher A. Boyko, dismissed 14 foreclosure suits because the plaintiffs that brought them couldn’t prove they owned the mortgages when the suits were filed.</p>
<p class="times">Such a problem can occur when mortgages are turned into securities and sold to investors. The companies involved in the transaction may not have checked that each mortgage was legally transferred, or “assigned,” to the new owners. In essence, the originating lender continued to legally own the mortgage — and would thus need to be the plaintiff in a foreclosure suit. In Mr. Davet’s case, however, the mortgage, which was not securitized, changed hands multiple times and wasn’t actually owned by NationsBanc until three years after the company filed suit.</p>
<p class="times">Other judges have since followed Judge Boyko’s lead. The Ohio attorney general has asked numerous judges to dismiss or delay foreclosures based on similar grounds.</p>
<p class="times">Earlier this month, Mr. Davet filed a second federal appeal, this time citing the Boyko ruling, which he believes he inspired. It’s unclear whether the latest salvo will work. If it doesn’t, Mr. Davet says, he will set his sights on the U.S. Supreme Court.</p>
<p class="times"> </p>
<p class="times">***comments by irvinefsbo</p>
<p class="times">Can you image if just 1% of foreclosure owners did this? I can see lawyers having a field day! </p>
