Restraining Order Granted in California this morning thanks to the litigation team at Consumer Rights Defenders.
We are proud to announce that in the case of Loree J M v. IndyMac the court issued a TRO stopping a foreclosure sale. This was issued in Santa Clara County Superior Court. More as details develop.
Call us at Consumer Rights Defenders for litigation assistance and for free consultation at 818.453.3585 immediately. Ask for Steve or Sara.
Helping consumer homeowners nationwide.
There is an “Allonge To Note” stamped on the back of my Adjustable Rate Note. Date of Allonge is 4/22/05 and Note date is 5/2/05. I never saw this when I signed papers. Is this significant? I’m fighting foreclosure now.
About to be foreclosed on? We can help. Get legal services by contacting Consumer Rights Defenders at their new website at CRDefenders.com and calling us at 818.453.3585 for immediate assistance stopping foreclosures without BK and on how to win your case against the banks.. Ask for Steve or Sara. Offices nationwide to help homeowners. Put the law on your side.
Neil, I have been watching your blog for the past 2 years or more because it is one of the most interesting but truthful websites on the topic of foreclosures. You keep it real!! I admire your persistence in making an effort to go after the banks/lenders. It’s people like you who are the real winners. If only the homeowners understood the meaning of “persistence” and “perseverance,” there would be a lot more cases out here that could be won.
But I thank you for your courage and assistance that you provide the millions of homeowners that face foreclosure and this wonderful blog.
Neil’s readers can get legal services by contacting Consumer Rights Defenders at their new website at CRDefenders.com and calling us at 818.453.3585 for immediate assistance stopping foreclosures without BK. Ask for Steve or Sara. Offices nationwide to help homeowners.
I have worked as a Bankruptcy Paralegal, Analyst, Specialist and Bankruptcy Supervisor in the banking industry, and as paralegal for debtor and creditor law firms, and have more than 16 years experience in bankruptcy and adversary litigation. Currently acting as a ghost writer for attorneys and now accepting pro-per cases.
My blog page:https://paralawyerghostwriter.wordpress.com/
My scribd page:http://www.scribd.com/paralegalghostwriter
Joe: Contact us at 818.453.3585 to set up a consult for all those in Texas needing immediately assistance. Our Dallas area office is available for consultations and interviews. Ask for Steve, Sara or Nicole. Legal offices of Consumer Rights Defenders. Defending homeowners successfully since 2004.
DISABLED RESIDENTS FACING EVICTION
Frost Bank Wants To Sell Property
HOUSTON, TEXAS – Elderly, disabled and terminally ill men at the Ray Hill Transitional Residence face eviction by Frost Bank.
New Beginnings Houston, a non profit outreach ministry providing housing and other services to homeless individuals, announced today that residents may be evicted from their southwest Houston facility.
“We have five community homes,” said Joe Donalson, volunteer director of the ministry. “Due to threats of foreclosure and eviction coming from the Houston law office of Wells & Cuellar, we may have to shut down the Residence Three.”
“I think its big bank greed, pure and simple,” commented Ray Hill, who the facility was named after. Hill, an advocate for civil rights and free speech, was responsible for the 1987 landmark U.S. Supreme Court decision in Houston v. Hill striking down laws prohibiting citizens from verbally opposing police misconduct.
In 2011, the home in the southwest community of Westbury was the subject of numerous complaints. The owner, afflicted with cancer and AIDS, explained that his declining health had prevented him from doing upkeep. When the city started posting notices and issuing citations, he just walked away, leaving the residence open for vagrants, drug dealers, and rats. After learning the home was facing demolition by the city as a dangerous structure, New Beginnings Houston contacted the owner and obtained a lease agreement. In exchange for repairing and renovating the residence, the ministry would be able to use it as a community home for disabled men.
“Our volunteers contributed a substantial amount of time and money towards this residence,” Donalson said. “Vagrants had stripped it down, breaking holes in the walls and ceilings to steal fixtures, pipes, and wiring. The value of the materials and labor we put into saving this home exceed $25,000.”
Although Frost Bank had an old lien on the property, they showed no interest in it until New Beginnings Houston saved it from the bulldozers.
“The bankers at Frost are greedy,” Donalson commented. “They didn’t care when it was a crack house awaiting demolition. Now that we’ve saved it, and have substantially increased its value, they want to throw disabled residents out on the street and sell it for a profit. That’s not right.”
On its website, New Beginnings Houston offers a single solution to two major problems plaguing our city – all the homeless people wandering the streets, and all the abandoned derelict homes awaiting demolition.
“There’s a story behind every abandoned home,” Donalson said. “It could be that someone died with no heirs, or that back taxes or liens on the property are more than the property is worth. Whatever the reason, when a property is abandoned it creates big problems. Scavengers break in, stealing everything of value. Vagrants move in, starting fires to keep warm in the winter. If they don’t end up burning it down, eventually the city comes along and tears it down.”
“This doesn’t have to happen,” Donalson continued. “Instead of tearing down these structures, with a little time and effort they can be rehabilitated into transitional facilities for the city’s homeless. That is what our outreach is all about. Using donated materials and volunteer labor, we renovate these derelict homes. Afterwards, the homeless men doing the work get live in them while they are helped to defeat substance addiction, eat healthy, find employment, and move on to a productive life.”
At a March foreclosure hearing, State District Judge Randy Wilson noted that Frost Bank would benefit from the positive publicity that would come from either donating the home to New Beginnings, or offering them a low interest mortgage. Frost, however, wasn’t interested. They continued to pursue foreclosure, and on July 20th obtained a judgment to auction off the property to the highest bidder.
James Cuellar, a lawyer representing Frost Bank, mailed a certified letter to the home giving its occupants ten days notice to vacate the property.
“We’re going to fight this,” Donalson said in reference to the notice. “We’re standing on our lease that says our ministry has use of this home.”
On May 20, 2009, President Obama signed the Protecting Tenants at Foreclosure Act. This law protects tenants from eviction because of a foreclosure on property they occupy.
“I put a lot of work into saving this place,” said Clifford Clarke, a cancer patient who shares the home with four other residents. “I used my monthly social security check to pay for for repairs and to cover my monthly rental sustenance payments. This is my home, and I intend to be here until I die.”
Frost Bank, however, is taking the position that lease doesn’t qualify for federal protections. Their attorney has indicated he will sell the house by public auction, and then afterwards ask a Justice of the Peace to order an eviction.