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

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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.

Move out target date nears!

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So our agreed move out date is drawing close at hand. Emotions, as we pack for the "just in case" moveout, increase. While not concerned for ourselves; our concern for daughter's arrangments and our 3 golden's situation mounts. We have contingency plans for them, but it IS disruptive of lives, no doubt. Our ability to focus on building business is lessened.

We have more legal maneuvers and a lawsuit that is actually stronger than most for basic suit. As we try to employ these we hope for the best. We'd rather fight from within the home than from outside of it.

If you are in a foreclosure, try to do a TRO (temporary restraining order) BEFORE the sale... (not legal advice just sharing what we learned the hard way). Evidentially it does not work AFTER a forcible detainer has been entered (at least that is my understanding); you will have to read up on it. I will try to supply some links later that might be helpful.

asset management team

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The real estate asset management team stopped by today. The visit is 10 days earlier than our move out date but they wanted to see if we are still on the property. It feels very vulturish. (new word I made up).

A nice talk reveals much of what we have learned. The left hand of the bank, may not know what the right hand is doing. Which is why, surprise, the assest managment team did not know we had more time. The agent said that things slowly seem to be getting better; as far as people getting help. HAFA seems to be a program name that pops up a lot. Doesn't help us much nor make me feel proud to be an American. Does anyone reading this have experience with HAFA?

I wonder what is happening to friends from online going through similar. The emotional weight is tremendous and the thought of just giving up is sooooo appealing.

Updates on foreclosures and eviction process

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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.

UPDATE on the homefront: Vacate the Judgement

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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.