Faces Of Foreclosure

A group of high-spirited, well-organized, caring and sometimes scared neighbors at Marin Family Action in San Rafael, California have been working to help save homes for a couple of months. They have covered quite a bit of ground (and uncovered a considerable amount of duplicity) in a short time.

Their immediate focus: Dennis, a dapper 60-something-year-old gentleman who has owned his home for 37 years is facing eviction somewhere between 9 a.m. and midnight on Monday, November 2nd.

Dennis’ story: Dennis has lived in his house for 37 years. Due to economic downturns, he asked lender for a restructure. The lender said “You are current. Miss three months and we will talk.” After missing three months’ worth of payments, lender said no to restructure and said they were going to foreclose. Dennis sent them full payment to catch up. They refused the payment. Dennis went in with his attorney and a check. The lender again refused payment (which, apparently, is against the law). Bank sold the house to an investment group (soon to be named . . . and who have reportedly purchased 80 homes through shortsale, some LESS THAN other all-cash offers, which is also questionable).

Dennis is supposed to be out of his house on Monday. We are staging a sit-in on that day. Papers have been served on the Sheriff’s department to cease due to illegal activity, and on the purchaser of the note. Local media will cover, as will PBS out of Canada.

Through Marin Family Action, Dennis has been working with Jeff Smith. Jeff is neither an attorney nor a paralegal; he is a brilliant legal advocate that has had success in saving homes by documenting the illegal machinations of lenders . . . particularly through the Common Law court in Washington DC.

Lawsuits are underway: The first was FedEx’ed to Washington, D.C. for filing and returned within 24 hours. The paperwork was faxed to all parties involved and a group of us went to Marin County Sheriff’s Department on Thursday, October 29th, to apprise them of the situation with a request to hold the eviction until there is time to prove that Dennis is wrongfully being evicted. This suit includes a petition for declaratory relief and an order to cease and desist. This should stop the eviction and allow time to follow up with the second suit which will be an “action to quiet title.”

At this point, it’s a matter of what the sheriff’s department decides to do.

The group supporting Marin Family Action has grown from a few people three months ago to more than 150 concerned residents of Marin and Sonoma Counties . . . is prepared to “sit in” at Dennis’ house on Monday.

Once this fire is put out, the group will continue working with others who have been or are being duped by lenders. Some of the illegal activity going on with foreclosures is surely due to staggering incompetence; other activities are clearly coverups on the lenders’ parts; sadly, I have proof of this and will be naming names soon.

Update: November 4, 2009
Dennis is still in his home. Eviction papers have not been served. It is down to the wire and the legal advocate is waiting for papers from the Federal Court in Washington to see about a stay a “cease and desist order,” something.

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If it matters, the person writing this has never been an activist, not even during the Vietnam War when it would have been appropriate to speak up. I prefer anonymity, have always kept my head down, worked hard, and volunteer to help endangered animals. But it is clearly time to speak up at the injustices being inflicted upon American homeowners.

As I’ve written throughout these pages, I don’t care if lenders have hearts; I do care that they are ethical and fiscally responsible; neither of those traits are being exhibited by todays mortgage lenders in America.

PLEASE keep in mind: “There But For God Go I” and “You.”

This IS an unprecedented time in our country; if we don’t stand by each other, if we do not work to halt illegal activities, what is the point of this country?

God Bless Us All! And God Help Us All!

Tags: help your neighbors, saving homes, stage sit-ins

This entry was posted on Friday, October 30th, 2009 at 9:06 am and is filed under marin stories, proposed solutions. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.