I Will Occupy My Home (for one more week)

[fishychick]

February, 2010, my husband and I began an amazing little journey. We demanded to see the original contract for our mortgage. That request was ignored, and our contract was sold to a different entity. So, we sent a request to them. They ignored it and sold our contract. We sent another request, they ignored it and sold our contract. That entity foreclosed and scheduled an auction. That auction was halted by one last demand, and so they faxed us some documents. Not the ones we asked for, and not original copies. The document had MANY questionable items on it, including backdated transfers that transferred from the ORIGINAL lender, although that lender had been out fo the loop for years by then, supposedly. There was also a suspected robo-signer involved.

Anyway, yesterday we were summoned to court as "Tenants at Sufferance" and they wanted us evicted. We argued that they had never shown us who our "landlord" was, and that if they had the documents, they were in default. If they did not have the documents, they were harassing us.

We expected a trial of about 30 seconds. We have been told that in Idaho, judge's don't want to hear "excuses" they want you to pay your mortgage. This judge was very fair, very attentive, and seemed very interested in trying to find some semblance of justice for us, even though I suspect his hands are tied. (Laws are made to protect bankers these days, not me.)

Anyway, the banks wanted us given the boot, and we expected it so much we had rented the U-Haul and planned on packing all night. The judge took all our evidence and said he would rule next week.... Not really a victory, but I think it was what he could do for us. I do appreciate this: The bank did not "win," either. For me, that is a victory of a sort.

 

 

[Terry Bain]

Wow.  Great blog - this is why we stand.Thanks.

[fishychick]

Thanks for sharing your story, Thomas. I don't know how far down this rabbit hole you went, but people attempting to purchase homes were defrauded at closing if MERS was on the document. That is what we are trying to expose. We were not behind, we still have the money to pay the mortgage holder if the mortgage holder could be found. But like you, our honesty and willingness to pay will probably not be a factor. When the banks get in legal trouble, they change the law retroactively (by buying enough politicians.)

I hope you and your fanily are doing well now!