"How to Bite the Hand the Feeds You" or "Don't Take that Poor Man's House"

While foreclosures are at the forefront of everybody's minds, I found a pretty interesting story about a man named Richard Davet.  Davet was served with a foreclosure lawsuit in 1994 after 20 years living in his 6-bedroom Cleveland home.  He bought his house, and then borrowed against it, and made his payments.  That is, all of them except for 90.

law blogAt least, that's what NationsBanc Mortgage Corp. says.  Davet has been arguing for 10 years that a financial institution has can only file a foreclosure action if it can prove that it actually owns and holds the mortgage and  promissory note.

Davet was able to stave off the foreclosure by flooding the courts with papers until last January when they were finally evicted.  He also tried a bunch of other maneuvers that bought him time over and over again.

The saga isn't necessarily over.  Earlier this month, Mr. Davet filed a second federal appeal. If that doesn't work, Mr. Davet says he will set his sights on the U.S. Supreme Court.

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