FOR IMMEDIATE RELEASE
Cleveland, Oh 44110
Supreme Court Denies Petition for Writ Of Certiorari of Couple Seeking Return of their Home taken under the Color of Law as the Trial Court lacked jurisdiction to Render Judgment as a Matter of Law.
Cleveland, OH, October 6, 2008- The US Supreme Court announced on October 6, 2008, that it denied the Davet’s Petition for Certiorari.
The Davets’ unrelenting and determined challenge as pro se litigants to stop the unlawful foreclosure of their home began in 1996 and has been widely reported in the national press for their willingness to pursue their claims. See, e.g., Amir Efrati, The Courthouse: How One Family Fought Foreclosure, WALL STREET JOURNAL (12/28/07) at page A-1:
Mr. Davets’ case is believed to be the longest residential
foreclosure of its kind in the history of Cuyahoga
County, which is at the epicenter of the foreclosure
crisis currently enveloping Ohio and many other parts
of the country.
The Davets, in the past month alone, have seen two branches of the government exercise their jurisdiction and take action with respect to the mortgage meltdown facing the nation. First, the executive, through President Bush, made a plea to the Congress and the American people to pass “The Bailout” of Wall Street. The second branch of government, the Congress, voted to pass “The Bailout”. Needless to say the Davets were disappointed that the third branch of government, the judiciary, denied certiorari in their case born of the same fraud inherent in the mortgage meltdown gripping the world today.
The Davets realize that the legal effect of the Supreme Court's denial of their petition for a writ of certiorari might be commonly misunderstood as meaning that the Supreme Court approves the decision of a lower court. However, such a denial imports no expression of opinion upon the merits of the case as the bar has been told many times. And that the denial of certiorari means that no binding precedent is created.
Nonetheless, the Davets are dismayed that the questions of first impression were not taken up by the Court and that the Court did not look inwardly at the judiciary’s larger role as enablers of the largest fraud on the American taxpayer in history---which has facilitated the Wall Street Meltdown.
The Davets mortgage and note was owned by Fannie Mae a Government Sponsored Enterprise. Nationsbanc Mortgage Corp. (nka Bank of America) was Fannie Mae’s “servicer”. Nationsbanc Mortgage Corp. engaged in predatory lending practices alleging unwarranted and disputed late fees which led to their refusing the Davet’s monthly payments which, in turn, “manufactured” an alleged default. The Davets tendered payments each and every month until Nationsbanc filed suit for foreclosure alleging that they were the “owner and holder” of the Davet’s note and mortgage. Litigation discovery revealed the fact that Fannie Mae was the owner and holder of the Davet’s note. Nationsbanc ignored the mandated Fannie Mae’s Guidelines which are designed to protect borrowers and investors of mortgages. The failure to follow the Fannie Mae Guidelines has caused the Mortgage Meltdown gripping financial market worldwide.
Three years after the foreclosure lawsuit was filed, Nationsbanc became complicit with Bank One Cleveland, N.A. (nka JP Morgan Chase Bank) who asked the court for leave to amend their original answer and cross claim stating their second mortgage position, (the Davets were current with Bank One at the time of the foreclosure) this time to ask for foreclosure. Despite the fact that there was no cause of action before the court for foreclosure for plaintiff, Nationsbanc -----this shell game provided a decree for foreclosure for Bank One.
In as much as Nationsbanc fraudulently invoked the jurisdiction of the court as they were not the “real party of interest”, the trial court lacked subject matter jurisdiction to render any judgment for anyone and as such the judgment for foreclosure rendered against the Davets for foreclosure is void ab initio a nullity. The Davets vow to fight on with the myriad of options open to them.