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Tuesdays with Mary

Tuesdays With Mary: When Owning Land Meant Having a Voice

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Tuesdays with Mary
Tuesday, July 14, 2026

One of the easiest mistakes we can make when studying history is assuming people in another era were trying to answer the same questions we are today.

Take voting, for example.

Today, we generally think of voting as a fundamental right. At the time of the Founding, many Americans understood the franchise quite differently. Voting was widely viewed as a responsibility that should be exercised by people thought to possess both independence and a tangible stake in the community. In many states, that meant owning land or meeting some form of property qualification, although the exact requirements varied because they were established by the states, not by the U.S. Constitution.

Article I provided that those qualified to vote for the most numerous branch of a state's legislature would also be qualified to vote for members of the U.S. House of Representatives, effectively leaving voter qualifications to the states. In practice, a property qualification might mean ownership of land, taxable property, or property meeting a specified value. Although those qualifications differed from state to state, many reflected a common belief that voters should possess sufficient independence to exercise their own judgment and have a tangible stake in the communities whose future they were helping to shape.

That idea sounds foreign today.  But then, supporters of property qualifications commonly pointed to two related ideas. First, ownership gave a person a tangible stake in the community's prosperity. Property owners were directly affected by local taxes, laws, and public decisions in ways that were visible and enduring. Second, many political thinkers believed ownership fostered economic independence, making a voter less vulnerable to pressure from an employer, landlord, wealthy patron, creditor, or even government itself. Whether those assumptions proved correct is, of course, a different question. What matters is that they influenced how many Americans understood political participation for generations.

It is also important to remember that "property qualification" did not always mean exactly the same thing. Some states required ownership of a freehold estate. Others looked to ownership of taxable property or property of a specified value. Still others incorporated taxpaying requirements. The details varied, but the broader philosophy remained remarkably consistent: political participation and economic independence were closely connected.

As the nineteenth century progressed, however, America itself began to change. Manufacturing expanded. Cities grew. Westward migration accelerated. Increasingly, productive citizens earned wages rather than owned farms. The assumption that only property owners possessed the independence or long-term stake necessary for political participation became increasingly difficult to sustain in a rapidly changing society.

No state illustrates that transition more clearly than Rhode Island.

Unlike nearly every other state, Rhode Island continued operating under its 1663 colonial charter well into the nineteenth century. Its voting rules still tied suffrage to property ownership long after neighboring states had broadened the franchise. By the late 1830s, a majority of the state's adult white men could not vote because they failed to satisfy the property qualification, while rapidly growing industrial communities remained underrepresented in the legislature.

Thomas Wilson Dorr believed Rhode Island's government no longer reflected the people it governed. In 1841, reformers drafted their own constitution, held elections under it, and elected Dorr governor. For a brief period, Rhode Island had two competing governments, each claiming to be the legitimate authority. The conflict included an attempted attack on the state arsenal, militia mobilization, and martial law, but beneath those events lay a more enduring question: Who should have a voice in self-government?

Dorr lost that battle. He was convicted of treason against the State of Rhode Island and sentenced to life at hard labor. After serving about a year, legislation secured his release, although his civil and political rights were not restored until several years later. Yet the larger movement for reform did not disappear. Rhode Island adopted a new constitution in 1842, substantially expanding voting rights for native-born white men, although important limitations remained. The old property qualification had not vanished, but it had become increasingly difficult to defend.

What I find most interesting about the Dorr Rebellion is not that it answered every question. Far from it.

What changed, however, was a fundamental assumption. Increasingly, Americans concluded that ownership should no longer determine who had a voice in government. The right to participate and the right to own property gradually became separate questions.

That distinction shaped the country that followed. The electorate continued to expand, while the institutions surrounding property continued to mature. The story of American land ownership would increasingly become less about who was permitted to participate in government and more about how ownership itself could be clearly established, publicly recorded, reliably transferred, and faithfully protected.

We'll pick up that story next.

Until Next Time,

Mary Schuster
Chief Knowledge Officer
October Research, LLC

 

 

 

 
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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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