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Looking Past the Headlines, the Impact of the FTC’s Ban on Non-Competes in
M&A, Private Equity and Venture Capital
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Last week on April 23, 2024, the FTC adopted a final rule that would
effectively ban non-compete agreements in the context of employment
relationships wh...
1 hour ago
I would like to clarify some of the misconceptions created by the way this WSJ article was written as I have also been litigating the illegal seizure of my home since 1997, when NationsBanc did the “exact” same thing to me. When they pulled this Ponzi scheme on me, I was debt-free (other than my home); my credit score was 798 and my mortgage payment was 6% of my monthly income. I was no deadbeat.
ReplyDeleteWhat makes the Davet case so significant is that it comes on the heels of recent decisions by other Ohio courts, who, after applying commonsense and the rule of law, swiftly dismissed cases where the court found the alleged owner of the mortgage was not the true owner at all.
While I was reading Davet’s motion, it became shockingly obvious that the reason this case has dragged on so long is because the Davet courts have repeatedly failed their duty by ruling in opposition to the law and contrary to these recent Ohio decisions. The Davet courts granted legal standing to a non-party and allowed them to foreclose on property they admittedly did not own. All Mr. Davet is trying to do is get the court to apply the law correctly and has made it clear that he is not going away until they get it right.
What the court is faced with IS NOT DISCRETIONARY, BUT MANDATORY. THEY MUST RULE IN DAVET’S FAVOR. If not, it creates a major conflict to the recent decisions of courts who correctly applied the law. NationsBanc, with full knowledge and intent, fraudulently invoked the jurisdiction of the court in order to obtain favorable judgments. That is illegal. Every judgment obtained through fraud is void ab initio as a matter of law and equity. I see this case as clear and convincing evidence of a corrupt corporation controlling the courts. The court is not only showing prejudice against Davet -- but also the written law. The judges involved in this case (and others like it), have sorely tainted the integrity of our judiciary. I hope these recent Ohio decisions will change that and help clean up the corruption in our courts.
For 11 years, these courts have been wasting judicial resources by ruling on void judgments that have no legal force or effect. I wish the reporter had called them on it and asked why.
Mr. Davet was the target of mortgage servicing fraud; the act of manipulating performing loans into default so they can steal the home and equity. One way they do this is to add a late fee to your on-time payment. You are not aware of this because they do not send you monthly statements. Now your next payment isn't enough to cover your mortgage payment plus the bogus late fee and your account is now marked as in default. After a period of time, you receive a notice that you are in default; facing foreclosure, and owe thousands of dollars. A review of your bank statement shows your payments were cashed.
The plan is for the homeowner to be so intimidated by these big corporations and law firms that they quickly move out and leave the keys. When Mr. Davet didn't follow “the plan”, they stopped accepting his payments, but still tacked on what amounted to thousands of dollars of unlawful fees. Refusing to accept Mr. Davet’s payments guaranteed his loan would go into default and by posing as the true owner, they easily duped the court into granting the foreclosure. Mr. Davet believes he was wronged – because he was!
Someone needs to ask Bank of America why they would waste all this time and money on a case litigated by a non-lawyer. I am sure their investors would like to know.
You can learn more about mortgage servicing fraud at www.msfraud.org