Wednesday, February 18, 2009

The New Legal

What is the definition of a criminal? When does someone become a part of a criminal conspiracy? These are important questions, and we need the answers today--because some of our lawmakers are flouting the edges.

For the record, a criminal is someone who commits a crime, or has been legally convicted of committing a crime.

The second part of the question, is even easier to understand. According to law, a criminal conspiracy exists when two or more people agree to engage in a course of conduct which is itself a criminal offense.

Now, let's play a role-playing game. Say, you own two houses, and being the good steward of your property, you put up one of those houses as a rental unit. After all, you can't live in two houses, and by making the second a rental unit, you gain income, provide housing for someone, and ensure that the house does not become run down and/or decrepit.

Now, imagine said renter decides that they don't want to pay. They just want to live in your house, free of charge, while you pay the mortgage. What does one do?

Well, you evict the renter of course. Toss them out, and get a new renter. It's a standard procedure, and one should not feel bad about it. I mean, you had a contract that clearly stated that you allowed them to stay within your property for a certain sum of cash on a monthly basis. And that contract clearly had provisions for what happens when one does not pay.

Now, what would you do, if a City Commissioner told every person who decides to not pay their rent, that they should, "stay in their homes. That if anyone is being evicted, then don't leave."

And what if a "community service" organization then made plans to ignore eviction notices, and to forcefully keep an individual within the property.

At what point, do you worry that maybe, just maybe, this dead-beat renter who refuses to pay his agreed upon rental amount, intends to just keep your second house.

Would you care at all? Or would you use the Sheriff's office to enforce the law, and remain in control of the property you own?

I know what I would do.

Now, I used houses there, but in truth, the concept can be applied to any property. You have a car that you rent out, or maybe a TV or a computer. The thing is that one person is in blatant violation of the agreement, and intends to take your property for their own.

It is theft. Pure and simple, and without any other possible interpretation.

If you agree, keep reading. If you don't, I feel sorry for you that you believe it is okay that someone can take what does not belong to them by force.

Now, what would you say, if I told you that that little role-playing, was 100% real?

What would you say, if I told you that a Congressman is encouraging the American population to break the law, and in effect attempt to steal homes?

Because, guess what, it's real.

Representative Marcy Kaptur, on the floor of the House, said this:
What I am telling people right now is, stay in your homes. If the American people, anybody out there is being foreclosed, don't leave, because I will tell you what. If you had a smart lawyer like those banks up there on Wall Street can get, they would take you into court and they couldn't find the mortgage. They couldn't find the mortgage.
So why should any American citizen be kicked out of their homes in this cold weather? In Ohio it is going to be 10 or 20 below zero. Don't leave your home.

Because you know what? When those companies say they have your mortgage, unless you have a lawyer that can put his or her finger on that mortgage, you don't have that mortgage, and you are going to find they can't find the paper up there on Wall Street.

So I say to the American people, you be squatters in your own homes. Don't you leave. In Ohio and Michigan and Indiana and Illinois and all these other places our people are being treated like chattel, and this Congress is stymied. We have the worst economic crisis since the Great Depression and our committees are muzzled. Power is given to one chairman or one person.

...

So I say to the American people, stay in your homes. You have earned them. And don't you get out until you get a really good lawyer who can find your mortgage up there on Wall Street. Because, you know what? They won't be able to find it, and therefore they can't prove you should be evicted.
Think about it. Sure, it's a sad thing that all these folks are facing foreclosure, but whose fault is it? Who signed the loan--which is a legally binding contract? And it's not like they couldn't declare bankruptcy.

But instead, we have this Congressman who is encouraging the populace to break the law, and ignore the legal rights of the mortgage holder. Because let's not forget the simple fact that a person does NOT own their house until all the liens are satisfied--the lien holders do.

No amount of claiming that American's have a "right" to home ownership, or a "right" to not face foreclosure, does not mean that those rights actually exist.

That said, Home Ownership is a right, and along side that right is a responsibility to actually pay for the home.

Otherwise, you're just stealing.

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