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Foreclosed Homeowners Try New Strategy

Rep. Marcy Kaptur of Ohio says force banks to ‘produce the note’

  rss202

By Steve Hempfling

If you’re poor and the bank is coming for your home, Rep. Marcy Kaptur (D-Ohio) has a plan for you: just squat, she says. Yes, she is encouraging her financially distressed constituents whose homes have been foreclosed upon to simply stay put.

CNN’s Drew Griffin explored the case of Ohioan Andrea Geiss, whose home was foreclosed upon in April. “Behind in payments, out of work, a husband sick, she had nowhere to go,” said Griffin. “So, she decided to follow the advice of her congresswoman and go nowhere.”

In Lucas County, Ohio, over 4,000 properties were foreclosed upon in 2008, reports CNN. “So I say to the American people, you be squatters in your own homes,” said Miss Kaptur before the House of Representatives. “Don’t you leave.”

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She’s called on all of her foreclosed-upon constituents to stay in their homes and refuse to leave without “an attorney and a fight,” said CNN.

“If they’ve had no legal representation of a high quality, I tell them stay in their homes,” Miss Kaptur told Griffin.

Miss Kaptur is a high-profile advocate of an increasingly popular mode of fighting foreclosures best known for its key phrase: “Produce the note.”

By telling a bank to “produce the note,” a homeowner can

delay foreclosure by forcing the lender to prove the suing institution is actually the same which owns the debt.

“During the lending boom, most mortgages were flipped and sold to another lender or servicer or sliced up and sold to investors as securitized packages on Wall Street,” explains the Consumer Warning Network. “In the rush to turn these over as fast as possible to make the most money, many of the new lenders did not get the proper paperwork to show they own the note and mortgage. This is the key to the ‘produce the note’ strategy.”

Earlier, CNN explored one person’s strategy in demanding her bank “produce the note,” only to find that the lender had “lost or destroyed” the evidence of debt ownership. Such a revelation can significantly strengthen a homeowner’s position when asking to renegotiate a mortgage.

That these banks, many of which received billions of dollars in government bailout funds, continue to boot defaulted owners from their homes, makes them “vultures” says Kaptur.

“They prey on our property assets,” she said. “I guess the reason I’m so adamant on this is because I know property law and its power to protect the individual homeowner. And I believe that 99.9 percent of our people have not had good legal representation in this.”

Steve Hempfling is the president of the Free Enterprise Society, a group
dedicated to removing government intrusion into the personal and business
lives of Americans. He may be reached at steve@freeenterprisesociety.com

(Issue # 14, April 6, 2009)

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