The hubs and I won a victory (of sorts) at our case management conference yesterday!!!
I attribute this to our remarkable lawyer from Ice Legal, with assist from my wonderful sparky friends and your powerful and loving compassionate 'save our home' fight vibes!
NOTHING can beat the power of love en'mass! NOTHING! THANK YOU from the bottoms of our hearts for your prayers and positive vibes!
My fleshy friends didn't even know about this day...nor would it have made any difference in their lives if they did.
The problem being...they are not the ones affected. They couldn't even conjure up the feeling of what it's like to wonder if you will have a roof over your head tomorrow.
To me...that's just sad. We've known our group for over 20 + years and yet they remain social contacts...not soul contacts. But it's okay...because I have my spark~sters for that VERY special and much more fundamental link! What an awesome discovery I've made!
It's hard to believe but this is my 4th year with Spark and it's been one of the BEST choices I've ever made! I'm SO much healthier, and cognizant of what it takes to be healthy and beyond physical improvements the spiritual and mental connections I feel, are even MORE important!
Your support and your 'soft place to fall' mean more than you can EVER know to me!
Blessed am I!!!
I was BEYOND worried for yesterday's court appearance. Our lawyers ask that we NOT attend because they feel it gives the judges a great chance for attack. That is SO hard for me to turn something as important as the welfare of our living arrangements over to a complete stranger. BUT...I'm paying them for their expertise so I've resolved myself to taking their advise.
I'm known as a very PRO-active client...in other words...a pain in the A**! I'm always e-mailing questions and after waiting a few days if I don't get an answer I e-mail back. Or I call. It's really kind of a shame that you have to be so relentless...but...no one cares for your safety and welfare like YOU care! No matter how much money you pay them they have a million distractions on a daily basis and if you don't speak up and step to the front of the line..you're a goner.
I can tell you that because the little French friend that I referred to our former lawyer...before I realized that he was just another timeline foreclosure deadbeat has already been told she has to leave her beloved home by 9.9.13. This grieves me SO!
I tried my BEST to get her to transfer over to our new Miami lawyers but she thought it was too much bother. She is a typical little human in denial. If I hide my head in the sand...all of this will go away. I'm sad to say...life doesn't go away. You have to stare the devil right in the face and walk through the fear and sadness.
I can help you do that...I've had TONS of practice!
So we are STILL on our feet and live on to FIGHT another day!
Our attorney called me right after the meeting and said that the judge was h** bent on moving the next date to summary judgment. Summary Judgment is pretty much when the FAT lady sings!
annnnd...I'm not talking about a PRETTY song either!
Our little France (yes that's actually her name and she's French..how cute) has a sale date set (on-line no less..so that slimy speculators can steal her home for pennies on the dollar...right from the comfort of their computer chair)!
I'm not saying that buying foreclosed property is always the wrong thing to do...but honestly I wouldn't want a house where there's a chance that the former inhabitants had been cheated lied to, bullied, and FORCED out of their beloved home! Especially in the case of ours...where a beloved son had perished within and might be inclined to HAUNT the new owners knowing how hard his mom and dad had tried to hang onto their castle.
Also too...many of the homes have sat for good long periods of time and in SW FL that means MOLD, MOLD, MOLD! Speculators buy up this property cheap...then go in and do the cosmetic work to try their best to cover up problems...but as we all know...mold corrupts the A/C system, the drywall, the carpet, under the tiling and even the plumbing lines. It's a nasty stealthy agent...so those so called bargains...aren't really bargains after all.
I like the above..and that karma takes it's own personal interest in outright greed!
Our attorney argued that he'd have to have at least a day, maybe a day and 1/2 for arguments if this were to be the case because we have MANY affirmative defenses...most importantly that we were paying an approved modification payment and HAD been paying that payment with promise of a permanent mod. after a trial period of THREE months. He said it was egregious that the bank had used the bait and hook approach to squeeze more money out of us...to the tune of NINE months of payments and then dual track the house to foreclosure in the meantime. It took them that long...to get all their bogus and fabricated fraudulent docs together!
If you ONLY knew how incompetent and bumbling these mortgage servicers were...you'd think you were working with the government...only IT can compete for the title of SLOW and completely out of touch it is with it's people! Sad...but true!
The Judge then looked to the Plaintiff's 'Rent a Cop' lawyer for answers to some pertinent questions. Which luckily in our favor he couldn't answer. These big companies hire high powered lawyers to defend them...but they don't want to leave their ivory towers to go to certain jurisdictions that are out of their area...so they hire these bottom feeder lawyers that have offices close to the courthouses where the cases are heard to prop up a body before the Judge.
Our lawyer is a wonderful man of integrity and he drives all the way from the Orlando area down to Ft. Myers to represent us. He is not one to speak badly of other lawyers...but he says that this Rent A Cop guy is "some kind of piece of work"...I don't think he's talking Rembrandt work here!
He says that he's the rudest of RUDE and acts all arrogant and holier than thou...and he doesn't even have a CLUE about the case he's supposed to be defending!
Again...these banks like to take the cheap way out...and maybe once again this will work in our favor. If it comes to Summary Judgement we will tear this guy to shreds and we get to be there to see it!
In the meantime we've been granted another mediation meeting...which is basically just a BIG waste of time and another way for the system to syphon off some more money from the hapless homeowners. The last one we went to was a REAL joke!
We ended up doling out $300 on the understanding that we were working with a person of authority at GMAC but after filling out MOUNTAINS of paperwork with a demanded 24 hour turn around period from us...were given a modification payment that was actually HIGHER than the original one that we couldn't pay in the FIRST place!
Thank you VERY much for this wonderful help! Told ya...incompetent to the ninth degree!
But...I'm hoping that now that GMAC took bankruptcy and sold all of their transferred assets to OcWen that we still have a fighting chance for a decent modification payment that will keep us in our beloved home.
I WILL make sure that our payment agreement stipulates that none of their nasty games can be pulled. I've done plenty of research about OcWen and what I've come up with is that they aren't even a bank. They are a debt collector masquerading AS a bank. They buy up all of these troubled loans on the CHEAP...then hold homeowners checks, don't credit the payments to the proper accounts, then pile up late charges and interest fees and FLIP them back into foreclosure status. Because they aren't held accountable by the governments standards for banks...they can get away with it!
They outsource all of their customer service centers out of India where the accents are so thick that customers can't communicate with them and even if they could they can't assist them because they only have a script to read from. If your question isn't on that script...good luck to you Lucy!
So...is a modification the answer...I'm not so sure, but what else can we do but try?
As I say...it ain't over til the fat lady sings!
But...even if you aren't behind on your payments and you've been transferred to OcWen...let me know if you've had problems.
I know you can't believe everything you read on the internet...but I DO think you can believe the actual court transcripts and documents showing how many times they've been sued!
The internet is a wild, and wonderful place...it makes it sooo much harder for creep~s~ters to hide!
That's my 'save our home' update...and the story continues...thank you SO much for all of your hand holding...it really helps me slog through the slog! Wow...if I only burned calories for this...I'd be skinny as a bird!
Ha..ha...I LOVE the comment that I could write a novel on this story...I have PLENTY of resource information from my 'fight files'
What do ya think...I'm sorry for all the poor trees that sacrificed their lives for all of this paper.