Showing posts with label eviction hearing. Show all posts
Showing posts with label eviction hearing. Show all posts

Friday, June 4, 2010

WE Live in a Fishbowl - Moving without leaving

Please retweet this blogpost if you find it helpful in learning about government mortgage homeownership and bank loan modifications. I hope that this post puts empathy into play. When my neighbor was foreclosed I did not feel it.....we didn't talk. All I knew was one day they were there - the next they were gone. It seemed to happen fast.

Fishbowl Views

Okay if the title doesn't make sense, it is because I am tired, tired, tired. We are mostly moved out and took the curtains and blinds. That means we are living in a FISHBOWL. At our place we have lots of LARGE WINDOWS that allow nighttime viewing.

During the day the screens allow us to peer out without being watched by anyone. NOW LIFE, is

full circle.When we moved here, there were no blinds. We bought paper blinds, because at dinner time the sun BLINDED me as I cooked dinner. I actually wore sunglasses to cook!

WE have moved almost everything out that we don't need for just a couple of days survival. One skillet, one pot, and paper/plastic for the kitchen. One bed, no dressers or nightstands. TV and computers stay; what does that say about my priorities?

Life On The Farm

We still have the three golden retreivers, Ms. Barker, Ms. Bird Chaser and Mr. Mellow. They will be missing this golden acre of land when they are rehomed. Two goldens are going to temporary housing with friends, and one is coming with us. The dogs are my daughter's and she will not be able to have any of them with her. They have been her best friend's for 6 years. Hopefully we will be able to re-home ourselves in a couple of months.

Things that change and a CALL TO ACTION

For instance: Where do you put the extra car that when you get the money will save your bacon when the current car breaks down? Do you just lose out? Do you stick around waiting for the sheriff, the courts or the bank to make motions on your letters; or do you just keep moving your stuff.

Do you rent a bulldozer to tear down that tree that you planted and has FINALLY become large enough for shade. After 3 previous plantings, it’s finally high enough that you don’t’ have to duck when you mow under it!

Where do you go if your credit and income are trashed? Do you sue the people that didn't pay you rent, or pay you income? Each decision has a loop that plays mind and in your decision making every day.

What about schooling? Pets? Paperwork? Address changes. For some the address change will be a PO box because they are going to live in the forest, in their car or in a garage. People of America it is time to stand up and say enough is enough. The government bailouts did not help people, banks and courts are shutting people down and it affects ALL of society. Your property values and local crime rates are affected by this debacle.

If you need to learn more see the link to the left top for yahoo groups? That is for the mortgage-challenge group. You can learn more there, if you are in need of help, it is very useful. Consider contributing to the group owner via paypal so that they can continue helping people. There is a call for people from other states to start groups to help each other. NEIGHBORS helping NEIGHBOR. If you need tips and help for court preparation order Jurisdicitionary with this referral code to help local efforts. I have been impressed with their newsletter!

Current Status

We have not received a sheriff's notice yet, although it is recorded that judgement for eviction was upheld despite our pleadings. WE have one document left in the system that the judge did not rule on. We are prepared to fight further if we have to.

Our temporary digs are in place, we are cleaning and situating for the eventual, inevitable move, as we move some of our things to the new “haunts”. The place is tiny and so we have things in storage and a daughter moving in with family members. All of this takes time. Of course once the sheriff shows up, I will not fight guns, ‘ya know? WE will keep you posted. For now, living in a fishbowl is an adventure and a good reminder of the need to keep light. All said and done, I am optimistic, God always takes care of us and the future looks better than the past.

Monday, May 17, 2010

Updates on foreclosures and eviction process

Please retweet this blogpost if you find it helpful in learning about government mortgage homeownership and bank loan modifications

Update May 15, 2010 - As time draws near to make sure that we are NOT evicted, legal considerings accelerate. Everyday we learn more. Facing this on more than one property is intimidating but not impossible. With the bank essentially killing our sale at full price we have grounds to have foreclosure totally suspended. Learning how debt collectors ignore TILA laws, lie and intimidate renters is a whole new universe for trusting souls.

Meanwhile we continue packing and sorting just in case we are forced out of the home. We are fortunate we have two or three alternatives, many have NO alternatives and end up living out of their cars or dividing the family among extended relatives and friends until they locate to better situation. Some live in garages or camp out in parks.

Friends, one year ago, I had no idea, banks sell the loan to themselves - often without proper notification). In Arizona this is not a JUDICIAL procedure it is done by trustee sale. This alleged sale, which I personally think of as a sign over, often results in a summons to eviction trial (forcible detainer) with a 3 day notice to appear. After that there is 5 days until trial or until writ to the sheriff is written, depending on how you plead. Certainly if I had known the future, I would have simply sold the house when it had equity and would never have listened to the bank reps telling me that to lower payments I had to go late by a few months.

If you are a renter or owner facing possible eviction, foreclosure (or are in foreclosure currently) learn the laws... go to your state laws and learn what is legal and what is not.

If you are concerned about fraud then check out this article.

Monday, May 3, 2010

UPDATE on the homefront: Vacate the Judgement

Please retweet this blogpost if you find it helpful in learning about government mortgage homeownership and bank loan modifications

Current Status: We filed a motion to Vacate the Judgement within 3 business days. Since our mail service is screwed up we are checking the court dockets daily to make sure we do not have court date set without our knowledge. We did include an self addressed envelope (stamped - when did stamps hit 44 cents?) for the judges signed order. Some of you may not know that when you file a motion, you need to include a prewritten order for the judges ruling in your favor.

BACKGROUND: About 1.5 weeks ago we went to our forcible detainer trial (which we requested) and accepted more time to move out without giving up our rights to legal recourse. When you are in the courtroom things look different and nuances can be missed. By accepting that offer a judgement was handed to the bank's lawyers that they had the right to the enforce the fraudulent transfer of our home to themselves and call it a sale. I never heard the judge's gavel or anything remotely sounding like BANK WINS!

NOTE TO OTHERS: IF you are going to go to court make sure to go to similar hearings for several days and get used to what is going on. Watch and see the various shenanigans that happen. Practice what you will say and what the opposition could say. Take a legal pad and make notes. Or get a lawyer and most out there don't have a clue how to help you, so I would recommend using NACA's website for referrals.

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