Thursday, February 17, 2011

Two new Forcible Detainer wins: No evictions this week

Two new Forcible Detainer wins: No evictions this week, at least not from our group.  There were plenty of other evictions around Maricopa county.  But, for yesterday and today the news  was good.
At least one judge in Arizona knows how to listen, and how to follow the law.   The ruling was clear,   you cannot just post a note on the door and consider that an adequate summons to court service. When you are kicking people out of their homes the banks had better start improving on their methods.   Following the law is not a novel idea to most people.  We should expect no less from corporations, they must follow the law when taking actions. 

scales of justice: public domain

There is startling contrast in my news today.  First today there is reports of two  Forcible Detainer wins.  One in Arizona (miracle) and the other in San Diego California.   For the California one you will need to visit the Mortgage Challenge Yahoo Group to learn more.  For Arizona, all I know is a pleading  was entered and motion to dismiss based on the summons being incorrectly served.  
If you have been served a summons it must be done according to law, right down to the jot and tittle.  Look up the laws on the AZ laws site and start improving your legal knowledge. 

this is bittersweet

This is a bittersweet moment.  As I think back to last week and a woman kicked out with 5 days notice who was wanting more time (only asked for more time) to find a CLEAN HOME for her daughter that has CANCER.   Or for the man that was out of the hospital the day before his hearing - due to heart problems.  Oh yes, the lovely judge allowed him 7 days to get out of his house.  Bittersweet because I know families ripped from their homes, families who have lost jobs in this economy, and families struggling to put food on the table.  But for now those who had the judges recognize the summons failure will have a few more weeks to enjoy their homes. 

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