Bards, Rise! with host Michael Deem

A legal battle for constitutional property rights against Debt Slavery

This episode of Bard’s Rise features host Michael Dean and guests Mike and Leah as they discuss their high-stakes legal battle to reclaim their properties through Federal Land Patents. The discussion covers the constitutional superiority of legal title over bank-held equitable title and details a recent physical confrontation regarding warning signs placed for prospective buyers.

The Legal Framework: Federal Land Patents vs. Equitable Title

Mike and Leah's defense rests on the "Federal Land Patent" process, which traces property ownership back to the original grant from the U.S. government. According to the Michigan Supreme Court case Klais and U.S. Supreme Court precedent in Fenn v. Holme, a federal land patent represents the highest form of legal title. The host argues that while state courts often allow banks to foreclose using "equitable title" (mortgages and sheriff's deeds), federal law and the Seventh Amendment grant patent holders the right to a common law trial where such equitable claims cannot defeat a superior legal title.

Active Litigation and the "Fire Sale"

Mike and Leah are currently engaged in two major lawsuits. The first, Mike and Leah v. Choice One Bank (Case 26cv163), is pending in the Western District of Michigan, with an emergency appeal currently before the Sixth Circuit Court of Appeals regarding a preliminary injunction. Simultaneously, they are suing the State of Michigan, including Governor Whitmer and Attorney General Nessel, challenging the constitutionality of the state's foreclosure statutes. Amidst this litigation, Choice One Bank has initiated "fire sales" of the Mike and Leah's properties—a school and a custom-built home—listing them at roughly half their estimated market value to quickly transfer the "hot potato" to unsuspecting buyers.

The Signage Confrontation and "Caveat Emptor"

To protect potential buyers, Mike and Leah placed a 6x9 foot warning sign on an adjacent property owned by Leah’s mother, stating "Buyer Beware" and citing their federal case number. The sign was repeatedly removed, leading to a confrontation with a Choice One Bank representative and local police. Mike and Leah emphasize the doctrine of Caveat Emptor (buyer beware), warning that if they win their federal case, any third-party purchaser would likely be evicted by U.S. Marshals without recourse against Mike and Leah.

Mike and Leah's case represents a fundamental challenge to the modern banking and foreclosure system, positioning the 19th-century Federal Land Patent as a constitutional shield against 21st-century debt practices. While Choice One Bank continues to push for a rapid sale of the contested properties, the pending federal litigation and Mike and Leah's aggressive public notice campaign have created a complex legal environment that may set a significant precedent for property rights nationwide.