Gee, they’re like Herpes; the gift that keeps on giving and the sores keep multiplying!
Dwayne Ransom Davis and Melisa Davis filed the complaint yesterday in federal court in Indianapolis. Their lawyer, Irwin Levin, confirmed the filing in a phone interview. The filing couldn’t be independently verified.
“The defendants and their cohorts engaged in a pattern of racketeering activity in which they routinely and repeatedly prepared perjured affidavits in order to rapidly churn foreclosures,” the couple said in the complaint.
Here’s the cute part with organized actions that violate the law: Even if you weren’t paying, you might still be able to sue under statutes such as RICO, as your due process rights were violated.
Everyone wants to focus on the “evil” homeowners who didn’t (most of the time couldn’t) pay. That’s the banks’ game – pay no attention to the mass of people over here who broke into the lady’s home and changed her locks without a judgment of foreclosure first – oh no, felony breaking and entering is no big deal. Just pay us you bastard!
In a word: NO.
I argue that since we can’t get the government to do its job the choices are to put a stick in your teeth or fight back. “Fight back” means sue when your due process rights are violated. It means if you’re judgment proof then consider bankruptcy – you’ll not only shed some or all of the debt you’ll help bankrupt THEM. It means finding the levers you have available to you to put a stop to the corruption to the extent you’re willing and able.
I haven’t seen this suit beyond the announcement and thus can’t comment on what I think about it in detail, but I like the general gist and approach.
It shouldn’t be necessary, as this is what Eric Holder and the 50 State Attorneys General should be doing, but they’re not and there’s no evidence on the table they will, as they’re far more interested in not “disrupting” these institutions than they are in justice.
This leaves the decision-making up to you.