Juan Williams: NPR - Fox and Free Speech v. Foreclosure -Gate

Well -  this might be a stretch from foreclosures,  but there are some similarities between what is happening to Juan Williams being fired  by NPR for his words spoken on Fox; and what I see happening in the foreclosure world.  AT least that is how my increasingly cynical mind see it.  I am seeing government control creeping in places where we least expect.

JUAN, as you may know,  made some remarks on a Fox show  - that National Public Radio assessed, disliked and fired him  - for words uttered.  Not much of a problem if its a corporation like  CNN -  however,  these are PUBLIC-ALLY FUNDED administrators in charge of the censorship of Juan; who was speaking  outside of his normal radio show.   Does that make sense?  He was speaking what many Americans are feeling and voicing.  Not words of hatred, but of observation. 

The Public-ally   FUNDED radio show  (via your tax dollars),  has fired Juan Williams for speaking words that are not government approved.   Now this might not seem like a big deal, but it is not the job of government to decide what free speech consists of.   Hate speech perhaps, but reflecting the views of the public at large is part of the job of Nationally Public Radio.    I may not know enough about this issue,  but it seems like a  "bit" of overreaching on the part of NPR.   

THE LIKENESS to foreclosures is that  Courts are deciding what the PUBLIC can SAY or not SAY in defense of themselves in eviction,  due to foreclosure.   Forcible Detainer  is the name;  and Silence the Defense is the game.   CENSORSHIP by firing the Defendant; also known as the  homeowner.    It is shameful what is happening to homeowners across this nation. 

Hopefully, NPR will come to its senses and retain Juan Williams.  If not, maybe Juan woudl like to write for my blog.  Not much money in it, but JUAN WILLIAMS could help save America, ONE HOUSE AT A TIME. 


For more in depth on this issue, see the NPR BLOG which covers the story. You can also check out this report from NPR and watch  video  below with remark about firing from  Juan Williams. 

Renters Rights after Foreclosure

I just found out my landlord lost this house to foreclosure or trustee sale. What do I do??? Does a Renter have any rights? 

I have seen this question a lot and it is really a distressing situation for both landlords and tenants.  Landlords maybe trying to negotiate a modification with the bank and not realize they are in danger of a trustee sale or foreclosure sale at auction.  The tenants might know ahead of time, think they might be able to bid on house and not be able to come up with enough funding.  Whatever the situation renters DO HAVE RIGHTS.

As a renter you should always keep a record of your payments, receipts and your lease or rental contract in a file that you can locate easily.   It doesn't hurt to scan and keep the files on a CD or in a computer file as well. 

 AFTER AUCTION: 

 Federal law allows your longterm lease to be in effect until ending date of the lease. Generally Federal law gives you 90 days even if you do not have a lease. This right is granted in the "Protecting Tenants at Foreclosure Act of 2009".  EXCEPTIONS: if the new owner is a buyer that plans on LIVING in the home they must give you 90 day notice.   Consult the Arizona Tenants Association if you need more details.  This blog is not meant as legal advice.     

A new owner may try to evict you and serve a  Forcible Detainer Notice.  This Notice will give you 3-5 days to answer. You need to answer it to protect yourself, laws are not automatic.   Your LEASE should be in effect  until  the termination date with some exceptions as noted above. Again consult the Arizona Tenants Association if you need more details.  This blog is not meant as legal advice.     

As a renter once you have been informed of a new ownership you pay the new owner; even if the former owner is fighting the sale and trying to regain ownership.  I know this is confusing to some landlords that have lost their house to a trustee sale, especially if they were negotiating for a modification. They should not put renter in the middle and should include the issue in their lawsuit, if they are pursuing legal action to reverse the trustee sale. 

Daylight showing in Court battles for Fighting Foreclosure: Free Seminar

Are you delinquent, in foreclosure fighting eviction? Attend the free seminar Sept. 15th.  5 seats left.  nlss.audits@gmail.com. 

sxc.hu

I am JAZZED -  TODAY I found wins in appellate court and blogged  about the CO-OP going against HUD.  Awesome! 


THEN  one of my auditor friends calls and tells me one of my favorite lawyers won a forcible detainer  against my nemesis Tiffany and Bosco.   GO LAWYER GO!!!! 
  


Not only that on another case yesterday this same lawyer stopped a trustee sale.  Big Deal you say- you've done that?   WELL get this!!!  He not only stopped the sale - it is STOPPED UNTIL the litigation is over.  These things have not been happening in YEARS.. .I stopped my friend long enough to ask him WHY didnt' I get invited to this party???????

 AND THAT'S NOT ALL - WAIT THERE'S MORE

Another lawyer in our group  (by the way)  Won the right to a jury trial.... 1st jury trial granted in foreclosure cases in 30 years.  Oh yes it IS Arizona State law that you have the right to a jury trial  - but our commisioners (acting as judges) DO NOT GRANT JURY TRIALS.  They MUST think it costs too much to allow a person their civil rights.  Makes you wonder doesn't it? 

If you want to find out more about your options,  check out lawyers that "GET IT" or find out more about foreclosures in general - I have 5 seats left.  so EMAIL fast  nlss.audits@gmail.com  

Evictions on Father's Day? Foreclosures newest low

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Today, we feel fortunate! We are still in our home of almost 10 years and can celebrate one more Father's Day in our home. I wonder about other's as we were served our summons on Memorial Day.

A DAY OFF FROM WORRY????

My mind as I wake up has a fleeting moment of wonder: "Are there Father's out there receiving a knock on the door by the Sheriff's Deputy?" Do eviction notices, forcible detainer summons and other unpleasant things get served on Father's DAY??? I spend a few minutes pondering and the imaginative results of that question are so unpleasant, I jump out of bed to distract myself by making coffee. Unfortunately the thought haunts me, so I decide on FATHER'S DAY to craft a blogpost about it.

I hope not. If it is were summons to pay back child support that would be fitting but to be evicted from your home, or summoned to court in a forcible detainer action (eviction NOTICE) would be ultimately inhumane in my opinion and there must be humaneness somewhere.

For us we are spending most of day learning about how to fight foreclosure with friends, learning laws and procedures from JurisDictionary and updating our documentations notebook.

Happy Father's Day to my Dads and to my Honey!

We are celebrating this morning with coffee and phone calls to our family and then tomorrow, when all the kids are off work, we are having our get together. I rue the day that I ever wished retail and restaurants to be open on Sunday. ")

Do you have experience in forcible evictions on holidays? What do you think? Let me know via a comment - maybe you can help others. I have read that the banks stopped many foreclosure proceedings over the Christmas and NewYear's Holidays in 2009. But having had our SUMMONS served on Memorial Day, my mind wanders to today - Father's Day. WE are safe from the door knock becauase we are not being summoned and writs are issued Monday through Friday.

*** link to Juris Dictionary is referral link and benefits by a commission those fighting foreclosures

COURT and YOU

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

Hopefully you have not received a summons yet and have just been notified of the sale of your property. AT this point you have to decide whether to take their offer of time and money to go away or to fight them. If you sign on to take their offer make damn sure it does not sign away your rights to litigate!

Do you have forcible eviction summons? After 2 sleepless nights you decide that you can't go down without a fight. You have done your best to try to work with banks and they would not work with you? What are your choices? Pack it up or go to the hearing.

If you go and have never been to court you are in for a whole alternative universe type experience. My advice would be to go the day before and find parking, locate your courtroom, and sit in it to see what happens. Find someone if you can that has been through this experience before. If this is forcible detainer you are probably unprepared and are going to basically ask for a hearing which will occur in 5-7 days.

Dress better than casual but not super formal. Stay calm and yes you can bring support friends and people to witness the procedures. If your are in Phoenix park in the garage on 4th Street. It is much cheaper than a $57.00 ticket. There are some $3 lots that you can park in for 0-12 hours - the pre-pay machine takes quarters. Men don't wear a belt it slows you down going through the security checks. Women, do you really need that purse? And of course you know this, better early than late.

If the document is presented - "trustee's deed of sale" - DEMAND that it be an original certified copy. You should have had a chance to look over notary to see if all is in order. In Arizona the presumption is with the document and banks, but you can address that. You can also address the standing. You can also address the jurisdiction. In Arizona it will probably go nowhere at this point, but you can try. It will be on record for any appeals if allowed and for your civil lawsuit.

Your next step will possibly be a TRO and a lawsuit. If you have the energy and determination then GO for it. Spend the $250.00 to make them prove they have the rights to do this and that they followed correct procedures. Don't let the presumption of the banks did everything correctly determine your fate.

Legal terms maybe confusing but you can start looking up the legal definitions. There are Law Dictionaries online. Use the law library near the courthouses.

During court, and I know this is not much help, but just staying calm will help your presence of mind. Do not allow a plain ordinary copy of the trustee deed of sale to be entered... object and ask that either the original or a certified copy be presented right there or case should be dismissed. AFter all your honor after YEARS of practice and law school an attorney should know better. You want us to come prepared, even if we don't know what we should bring.

As for you Mr. or Ms. Homeowner - start looking up terms in Blacks Law Dictionary. When you say things they dont' always mean what YOU think.