I just wanted to give a quick update on our 2 foreclosure cases.
Florida Default Law Group filed a motion to Abate or Admin Close our file – (reason #3 is so that the plaintiff can ‘review’/correct any previously filed affidavits). We went to court as a continuance of our 2009 motion to dismiss hearing. Luckily the Judge adamantly stated that he does NOT abate or admin close files. The hearing proceeds. My lawyer, again, brings up the Denial order that was signed by a county judge (way far away from us) to assist FDLG to speed up to a summary judgment hearing. Well, the Judge decides to Dismiss without prejudice. A win, but not what should have been won!!! The following week my lawyer calls me to inform me that I need to get the hearing transcripts ASAP. The reason – local counsel for FDLG has emailed my lawyer to inform him that they were NOT and NEVER have been counsel for the plaintiff or for FDLG, but they would be kind enough to forward to order to FDLG!! (wow, thanks). My lawyer sent the 2 emails from local counsel, a copy of the transcript where they admitted they WERE counsel, and a letter to the judge. Just got the order back from the clerk’s office. Signed as Dismissed Without Prejudice. So obviously, it is ok to lie to the judge and on record and still ‘win’ their case. Now the waiting begins again. Not to mention that my loan is NOT in the PSA that is suing me, but we pretty much all know that about anyone in foreclosure.
We just went to court, again, for a hearing. It was continued for a few more months. I think we are waiting on plaintiff to answer motion to compel and some other things. However, EMC Mortgage then JPMorgan Chase is now Chase Home Finance. Therefore, plaintiff counsel makes sure that judge understands that due to the fact that ‘a new servicer’ has entered the picture, by law – the courts must give the new servicer 45 days to answer the interrogatories and discovery questions. Judge agrees. (Nice stall tactic on EMC-JPMorgan- or whoever they claim to be this week).
We decided that we would go ahead and get the triplex ready for rentals, after all, lawyers are not cheap. I worked 2 days getting the application and the lease together, put it on Craigslist and had 4 calls within 45 minutes. I decided to go on over to the triplex (more than an hour away) and show it to the prospective tenants. When I got there, I noticed one unit had a new lock and the deadbolt had been taken out and a plastic white piece was now in the hole where the deadbolt previously was. Along with a realtor’s black keybox hanging on the new door knob. And a red sticker on the door stating that the property had been winterized in the plumbing and the electric. Also, another unit had an open back door, but was stopped by a rod from opening all the way. I didn’t think much about it as I passed it off as being from the realtor that tried to short sale it. So I came home and called him later that evening. He said he was sure it wasn’t his. Then it dawned on me………………THEY (banks) had an independent company come in and do this to our property. It was done in 2010. The more I thought about it the more ticked I got. I called my lawyer and talked with him. He said, go over and change the locks back to where you can get in – they have NO right to keep you from it, after all, we ARE still in court and no decision has been made. I asked if I should file a police report and he said, sure, but they won’t do anything about it. That’s fine I thought, at least it will be on record.
I told him everything that had happened, I was trying to get the units rented out, saw the changed lock, called my lawyer and was advised to file a report and inform the sheriff office of our intent to take our property back.
THIS IS WHERE IT GETS GOOD (YOU MIGHT WANT TO SIT DOWN READING THIS – YOU WILL BE MAD).
I will paraphrase here. The deputy looked at me and asked why it was in foreclosure. Told him that was not the issue. The issue is that I was being honest to inform them that the banks have probably hired a subcontractor to ENTER our property without our permission, BE IN OUR PROPERTY without our permission, and CHANGED the locks of our property without our permission, the winterized it and put a black key-box on the door handle.
He says, (in a nut shell), “Well, if you had paid your mortgage you wouldn’t be in foreclosure!!” He then asked how long it has been in foreclosure and I told him 3 years this coming July. His eyes got big and he said, “I can’t see a foreclosure being in the courts for 3 years and the bank not taking possession of the property.” I told him that we had just gone to court on May 5 and it was again continued for a few more months. He said that was unbelievable. (he was being a jerk actually). So he asked me if I had proof of ownership. I said sure, got in the back seat of the car, grabbed my huge bucket of documents, sat it on the ground, and said, “what would you like to see---the closing papers, the mortgage, the note, court pleadings, lawyer bills????” Well, he never did really answer me on that one. He looked at my husband and in a smart ass tone asked him, “Just who are you to her?” We both replied, we’re married to each other and the owners of the property.
I went on to ask him if I could file a report for the record and he said, “well, no, this is civil, not criminal.” I again asked him, “It’s NOT criminal that these people went on my property, IN my property, altered the locks, winterized it, and God only knows what else they did – and THAT is not criminal??” He said, “no, not unless they damaged something.” I said, “they did – the door lock”. He says, “well, it sounds like they have the right to do that.”
I responded rather quickly, “They trespassed (criminal), they entered our property (unlawful entry and possibly Break & Enter), they also altered our locks (couldn’t think of a charge on that one).” He said that is civil. Then he finished with this, “Just to inform you ma’am, if you damage THEIR lock while taking it out of the door, then that is a criminal charge on you.”
I just shook my head and got in the car and left. We changed the locks and I videotaped the locksmith undoing the locks so that I can prove that I did not damage their precious new lock. Also, I have videotaped and taken still pictures of the inside of the unit with all the water faucets, toilets, and tub taped shut with their notification of the winterizing that took place. Yeah, tell me again they were NOT in my property??? Hm, must have been the foreclosure gremlin that snuck in.
OMG – really?
The locks did get changed and I have THEIR lock, but will keep it until my renters get settled and then will fax them to let them know what date and time they can meet me to get their lock and keybox back.