Stop the Eviction of Jennifer Britt in Rosedale Park!

**ridgeabilly** · July-24-12, 08:12 AM

Get ready to stop the eviction of Jennifer Britt

We have reliable information that the dumpster truck is very likely to arrive on Tuesday at Jennifer Britt's house in Detroit's Rosedale Park. We need maximum turnout tomorrow at 15701 Warwick St. at Midland, just south of Grand River, to oppose the placement of the dumpster in front of Jennifer's home and to also prevent her eviction.

Please join this peaceful and determined opposition to another unjust eviction in whatever capacity you are comfortable with-- as witness, supporter, resister. We will oppose the placing of the dumpster in front of the home in a nonviolent manner, making a statement with our numbers.

Supporters are welcome at any time, but it helps if we know how many will be there thru the day. If possible, contact us at DetroitEvictionDefense@gmail.com and let us know the hour[[s) you can join us, from dawn onwards. The early morning is an important time, but who knows when the truck will arrive with the dumpster. At 4pm we will have a barbecue, so join us whenever you can -- or make a day of it!

And call the numbers below to add your voice to the many neighbors and homeowners protesting the U.S. government's role in evicting Jennifer Britt and her family. Fannie Mae, under federal receivership since the housing collapse of 2008, bailed out Flagstar Bank after it refused to modify Jennifer's mortgage and took her life savings in steadily rising monthly payments. As U.S. Congressman Hansen Clarke reminded 70 of us today at the noon rally at Jennifer's house [[photos attached), "Fannie Mae is using our tax dollars to bail out the bank and evict our neighbors from their homes."

Call the Federal Housing Finance Agency and Fannie Mae and tell them to sell Jennifer Britt’s home to Southwest Housing Solutions so Jennifer and her family can stay in their house at 15701 Warwick, Detroit. Fannie sells foreclosed homes to for-profit investors at below market, so why not sell the home to a non-profit like Southwest at a comparable below-market price? Southwest has pledged to sell the home back to Jennifer on terms she can afford. Detroit doesn’t need another empty house blighting the neighborhood!

Federal Housing Finance Agency, Edward DeMarco, Acting Director, 202-649-3801

Federal Housing Finance Agency, Michael Powers, Ombudsman, 202-649-3805

Fannie Mae Chicago Office: 312-368-6200

Fannie Mae Mortgage Help Center: 866-442-8572

Email: chicago_mhc@fanniemae.com

**Meddle** · July-24-12, 08:13 AM

Tell her to pay her bills.

Shollin · July-25-12, 12:39 PM

Originally Posted by Meddle

Tell her to pay her bills.

Weren't you aware that mortgages are based on the honor system?

**Scottathew** · July-25-12, 12:48 PM

If you don't pay for your house, you don't get to stay there.

While it's sad to have to leave a place you called home, she has an opportunity to live elsewhere, perhaps in a rental situation, where her monthly payments are lower than her mortgage.

Shollin · July-25-12, 01:23 PM

I'm confused why this Housing Solutions doesn't buy one of these below market value homes and resell it to her? Also, there is a short sale process. You can't just get your own appraisal and protest and demand they sell it to you at that price.

**SWMAP** · July-25-12, 01:43 PM

It was not her mortgage. The mortgage was only in her husband's name and on his credit record. She continued to pay for awhile after he died and then she wanted to re-negotiate that mortgage - but maybe I decided that I want to re-negotiate Leon's mortgage. How can they let anyone re-negotiate dead Leon's mortgage???
Jennifer has to get her own mortgage. Should be easy because she now is on the deed to the house as Leon's survivor and pay off Leon's mortgage.

Either she doesn't qualify for a mortgage [[as she apparently didn't when they bought the house) or she can't get a new mortgage big enough to pay off the ever-increasing mortgages Leon took out before he died. The last one was in 2001 and when did he die? I think 2008.

So her solution is to get a non-profit [[sounds good!) to buy the house for a nice low price [[ the current assessed value).

I think I'll ask SW Solutions to buy my house for a lot less than I owe and then I'll tell the bank about it. If I get enough people to stand around and carry signs - then the Bank will have to accept my plan.Then I'll buy it back from SW Solutions for nearly nothing - and only the Bank is out the money !! And they are crooks anyway, so its all good.

**Bham1982** · July-25-12, 01:57 PM

Originally Posted by SWMAP

It was not her mortgage. The mortgage was only in her husband's name and on his credit record. She continued to pay for awhile after he died and then she wanted to re-negotiate that mortgage

What is that the bank's fault? She should have been on the title.

**Danny** · July-25-12, 01:57 PM

According to my XYZ files from the Street Prophets. Jennifer Britt's husband bought the property in 1999 with a mortage. Later her husband died in 2006 and though its will Mrs. Britt inherited his estate with some leftover debt. Mrs. Britt want's refinance the home through Fannie Mae, but they refused due bad credit scores. Now the bank will soon take her dream home that she and her husband built upon for many years.

**GPCharles** · July-25-12, 02:25 PM

Wait a minute - something's not right here. Was Jennifer and her deceased husband married when he bought and mortgaged the house? If they were, she would have had to sign the mortgage, although not necessarily the note, to bar her dower interest in the property.

**SWMAP** · July-25-12, 02:29 PM

In the Wayne County land Records, his is the only name on the listed mortgage.

**GPCharles** · July-25-12, 02:38 PM

Were they married when the property was mortgaged?

**SWMAP** · July-25-12, 02:52 PM

There are a few mortgages recorded for Leon Britt for this property. In November, 2000 there is a mortgage from Flagstar Bank for $99,000. His is the only name listed but there is an "M" next to his name.
Then 6/21/2001, there is a new Flagstar mortgage [[a re-finance I assume) for $145,000 and again his is the only name and the record clearly says that he is a single man. That is the last re-financing.

Shollin · July-25-12, 02:54 PM

This makes more sense. You can't modify a loan that does not belong to you. First, you can be married and not on the loan or home. Second, a mortgage and loan are two different things. A mortgage is a mortgage deed and is basically a lien on the property. You can be on the mortgage and not on the note. The only way to get the note into your name is a refinance. You have to have the same qualifications as anyone else to refinance.

**Jimaz** · July-25-12, 09:08 PM

It's over for the banking cabal.

The last rats to leave the sinking ship are the rats who are least informed.

**GPCharles** · July-26-12, 06:15 AM

First, you can be married and not on the loan...

Not completely true - if married both spouses must sign the mortgage to bar the wife's dower interest in the property, even if the wife isn't on title.

Second, a mortgage and loan are two different things.

True - the note is the loan and the mortgage secures the loan.

A mortgage is a mortgage deed and is basically a lien on the property.

Somewhat true - In Michigan, the mortgage is the mortgage [[translated from the latin "dead pledge"), not a deed of trust as in many states.

You can be on the mortgage and not on the note.

True.

The only way to get the note into your name is a refinance. You have to have the same qualifications as anyone else to refinance.

Not completely true - you could also assume the note.

My point is that if this woman was married when her husband last refinanced the loan, she has a dower right in the property. If her husband signed the mortgage with the designation of "a single man" that is mortgage fraud on his part. However, if he was single and they were subsequently married, she still has a dower interest, but it would be subordinate to the mortgage interest.

BTW - I am a lawyer in real estate transactions for over 30 years, so I know a little bit about this stuff.

**SWMAP** · July-26-12, 06:39 AM

There are later actions in the file that seem [[to my uneducated eye) to record that she and a couple of others [[children?) are now deed-holders. However the Sheriff's Order [[last year) lists Leon Britt only. Something else that makes me think they were notarried 2001 when mortgage signed.

**Lowell** · July-26-12, 07:00 AM

Very good and enlightening clarifications GPCharles. Thanks.

Shollin · July-26-12, 09:01 AM

Originally Posted by GPCharles

First, you can be married and not on the loan...

Not completely true - if married both spouses must sign the mortgage to bar the wife's dower interest in the property, even if the wife isn't on title.

That doesn't mean she is on the loan note.

Second, a mortgage and loan are two different things.

True - the note is the loan and the mortgage secures the loan.

A mortgage is a mortgage deed and is basically a lien on the property.

Somewhat true - In Michigan, the mortgage is the mortgage [[translated from the latin "dead pledge"), not a deed of trust as in many states.

You can be on the mortgage and not on the note.

True.

The only way to get the note into your name is a refinance. You have to have the same qualifications as anyone else to refinance.

Not completely true - you could also assume the note.

That isn't completely true either. Some loans such as FHA, VA etc are not assumable at all. In order to qualify for an assumption the home cannot be underwater and the borrower would need to meet the same qualifications as a refinance. Seeing as how the loan was taken out a while ago, the interest rate is probably higher than what it is now so an assumption wouldn't make sense.

**GPCharles** · July-26-12, 10:38 AM

Ok, out of curiosity I pulled a copy of the Flagstar mortgage dated June 21, 2001 and recorded August 23, 2001 in Liber 34606, Page 1006 of the Wayne County Records. It is a conventional mortgage, i.e. not FHA or VA. It is in the amount of $145,000. It was executed by Leon Britt, a single man. It had a 30 year term.

So the question still remains - were Leon and Jennifer married at the time of the mortgage? If yes, Leon committed mortgage fraud in taking out the loan. If not, what is the basis of Jennifer's claim in the property?

Shollin · July-26-12, 10:43 AM

Originally Posted by GPCharles

Ok, out of curiosity I pulled a copy of the Flagstar mortgage dated June 21, 2001 and recorded August 23, 2001 in Liber 34606, Page 1006 of the Wayne County Records. It is a conventional mortgage, i.e. not FHA or VA. It is in the amount of $145,000. It was executed by Leon Britt, a single man. It had a 30 year term.

So the question still remains - were Leon and Jennifer married at the time of the mortgage? If yes, Leon committed mortgage fraud in taking out the loan. If not, what is the basis of Jennifer's claim in the property?

Jennifer can still pay on the loan. She likely inherited the property after his death. I'm wondering if this went through probate court?

**GPCharles** · July-26-12, 11:12 AM

Technically, if she inherited the property through a will, a transfer to her would be a violation of paragraph 18 of the mortgage, Transfer of the Property or a Beneficial Interest in Borrower. Such a transfer would be a default under the terms of the mortgage.

Shollin · July-26-12, 11:23 AM

Originally Posted by GPCharles

Technically, if she inherited the property through a will, a transfer to her would be a violation of paragraph 18 of the mortgage, Transfer of the Property or a Beneficial Interest in Borrower. Such a transfer would be a default under the terms of the mortgage.

Not according to Fannie Mae guidelines. You can still add a person to the deed without adding a person to the note and not cause a due on sale. I wonder if there ever was a quit claim deed filed.

**Meddle** · July-26-12, 12:30 PM

OK, if we have people supposedly in the know quibbling over the terms, conditions and loopholes, how is the resident supposed to be aware of things?

The main question for me still is, was she paying the full monthly note on time? If not, she has no expectation of staying in the house. If yes, the legalities need to be worked out so she can remain.

There may be another question as to whether her name is even legally on the papers though from what I'm reading.

**GPCharles** · July-26-12, 01:15 PM

AGAIN - So the question still remains - were Leon and Jennifer married at the time of the mortgage?

Does anyone know the answer? Know, not guess or speculate.