Saturday, January 31, 2009

Congresswoman says: Foreclosed on your home? DON'T MOVE!


Excerpt:
DOBBS: (There is) seething anger tonight at the federal government’s utter failure to help homeowners in danger of losing their homes, even as the government is spending literally trillions of dollars to help out banks, investment companies. There were more than three million foreclosure filings last year, a million people foreclosed upon. Now, one lawmaker, Congresswoman Marcy Kaptur says it’s time for homeowners to fight back, exercising squatter’s rights.

Drew Griffin, of our Special Investigations Unit, with the report.

GRIFFIN: Elected officials are saying Toledo is not in a recession, it is a depression. It is this bleak backdrop that inspired Toledo Congresswoman Marcy Kaptur to take the floor of the House earlier this month to tell her constituents to stay put.

REP. MARCY KAPTUR, (D) OHIO: So I say to the American people, you be squatters in your own homes; don’t you leave.
KAPTUR: It’s a national crisis. And it is the proximate cause of this economic downturn; the housing foreclosure crisis. I did everything I could when Congress reconvened this year to urge the President, our Speaker, our leadership to move the FDIC and the SEC into their proper position in this economy to do these workouts.

And that has not been done. And this week we had to pass a stimulus bill in the House to try to pick up some of the casualties and give them a little life support. But the real problem is, that the FDIC and the SEC have been superseded by the U.S. Treasury Department, –

DOBBS: Right.

KAPTUR: — which has no history in workouts. And that’s the problem. They’re using the wrong agency to resolve this crisis.

DOBBS: And Sheila Bair, the Chair of the FDIC, we’ve got to give great credit. She has been talking about this issue –

KAPTUR: Yes.

DOBBS: — throughout. She has been sensitive and forthright about the issue. You know, I guess the issue here also becomes, we are a nation of laws. At what point does telling a person, as you have, to just exercise squatter’s rights — at what point are you bumping up against the issue of breaking the law?

KAPTUR: Well, you know, Lou, the problem is that these families haven’t had proper legal representation. Most of these companies on Wall Street can’t even find the loan, and they have not properly noticed the homeowner under the Truth and Lending Act and the Real Estate Practices Act. DOBBS: Right.

KAPTUR: If you really look at the fine print, these Wall Street firms can’t find the loan. They’ve divided it up into so many pieces, so there’s a legitimate question in the law as to where that deed, where that loan actually is.
DOBBS: In point of fact, it’s not — to be clear, if there’s no note, there is no debt?

KAPTUR: That’s right. And if you don’t have proper legal representation — and I mean good legal representation — what happens to the homeowner in places like our region is, they’re law abiding people. They’re afraid and they leave the property. I say your biggest right is to hold on to your property. The law is on your side.

DOBBS: Marcy Kaptur, I’m sure that millions of Americans and the folks in Ohio appreciate you being on their side.

KAPTUR: Thank you. DOBBS: Marcy Kaptur, thank you very much, Congresswoman from Ohio.
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14 comments:

  1. I like Dobbs but he has lost his mind. The law is the law. It you don't like it get involved but to encourage widespread indifference to it would weaken our entire society. Dobbs your a great voice for independants, hold it together buddy. This one your wrong.

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  2. The Law is The Law

    THe Lender however, MUST produce THE Actual NOTE that is being enforced.

    Failure to do so, results in the case being thrown out. Exercise your rights

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  3. Anonymous is the one who has lost his mind , Dobbs is 100% correct.
    This is not new law but dates back way back to the property is sold & transfered. .
    Only the note holder or hold in due course can foreclose , not the pretender lender's. Time for all Americans to Wake up ! Stay in your homes , find a lawyer who gets it and fight or do some research and go to court as your own lawyer . if you need advice and help go to
    the best free weblog on this growing problem Neil Garfield's www.livinglies.wordpress.com. Without his help I would not have save my home .

    Alan Baron

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  4. Dobb's is encouraging bad behavior and it nuts.
    The borrower took out the note. If they haven't made the payments and can't provide proof that they have paid off the loan. Move out of the house. It most states it takes almost 1 yr to foreclosure with redemption periods. the borrower has lived in the house for free for one year. While the original note should be thier, a certified true and authenic copy should be good enough. The original mortgage was filed in the county, can the borrower provide proof that they paid off the loan. If not the debt stands. Get out of the house and quit looking for someone else to blame and a free ride.

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  5. Lost note issue is primarily for states that require judicial foreclosure, states like California, which have non-judicial foreclosure statutes, the note is not much of an issue unless consumer litigates. They are already in trouble, they do not have the money to litigate such things. Get more insight by downloading the book at: http://www.loandefects.com/25801.html

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  6. Sounds like Anonymous is a banker.

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  7. And if the lenders were fraudulent...? The truth is coming out that WAMU, Countrywide, Indymac, etc., etc., etc., may have (allegedly) violated a cornucopia of laws, State and Federal, between 2003 - 2006. THE LAW IS THE LAW! Consumers ARE protected BY THE LAW! HIRE AN ATTORNEY WITH ANY MONEY YOU MAY SAVE WHILE SQUATTING, AND SUE FOR DECEPTIVE BUSINESS PRACTICES, FRAUD, HOLDER OF DUE COURSE, ET. AL.! You will be surprised at what you will find! I can't wait for the national networks to tell us what your congress isn't telling you!
    THE LAW IS THE LAW! They already know the truth. (...Or our country OF LAWS is over as we knew it!)

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  8. no note, no foreclosure. THAT is the law.

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  9. Marcy Kaptur for President!

    ReplyDelete
  10. America has decided to let everyone live at the lowest common denominator. If your idealistic world of living in your Mcmansion is now crumbling around you then it is most assuredly your fault. We are at a point where the more successful or the more wise decisions you make, the more you are required to help those who are lazy and make poor decisions. Bailing out the reckless homeowners is just another example of encouraging those who make poor decisions and milk the system to do so at the expense of us who are responsible and do what is right, and fair. America is saying that if you have screwed up we're going to help you out and let you off the hook. Better yet, the worse the decision, the more you benefit!

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  11. Pure genius. You, like all other short-sighted/self-absorbed people, are making the assumption that only the "reckless" homeowners and "those who make poor decisions" are the ones being foreclosed on. Grow up. Turn on the news...open a newspaper...read a blog. This is affecting EVERYONE, not just the stupid people. Not eveyone is a "Mcmansion" owning, Hummer-driving screwball brother.

    There are millions of families that will, or have, lost their homes because of being laid off, their businesses have gone under, etc. in the worst economy since the Great Depression. All percipitating, I might add, from the criminal acts perpetrated on the US by Wall St., SEC, Treasury, Fed, and our very own government.

    Take off your blinders tunnel-vision boy!!

    ReplyDelete
  12. I didnt want to sign up so I had to post anon, but this is to the other anon poster above.

    I agree with you on one hand but disagree with you on the other hand. Yes, a borrower did sign a note promising to repay the loan on thier home. It is the law that in order to stay in your home you must repay the debt owed upon it. On that we agree.

    It is also the law that a person only has to repay the loan to the holder of the original note. When that note is sold to another entity, the original note MUST accompany the transaction. So to say that a borrower must comply with the law, but lenders dont have to is more than a bit hypocritical.

    It is true that local counties record the transactions, but they do not hold the note in any way shape or form so thier records do not mean that a particular note is still outstanding. Another reason that you cannot use copies of a note from the county clerks offices to prove the debt is because all of those are public record and can be picked up by anyne that would want a copy. That means that I could go into your counties offices, get a copy of your note and declare that you owe me money because I was in possession of a certified copy of your note. The orginal note, or you have nothing. Investors that are now trying to foreclose on a property may only own a small portion of the debt in the form of an MBS rather than the whole thing. They cannot prove that they are owed any money whatsoever from that debt since they are not in possession of the note.

    Why should a home owner pay to an entity that cannot prove they are owed any money by the home owner? Why should anyone pay any money to anyone else unless it can be proven that the debt is owed to them? And whats more, why should anyone repay a loan that was done fraudulently in the first place?

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    ReplyDelete
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