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She lives on...to fight yet ANOTHER day! NEVER give up for what you believe in!!!

Friday, June 21, 2013

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! emoticon

NOTHING can beat the power of love en'mass! NOTHING! THANK YOU from the bottoms of our hearts for your prayers and positive vibes! emoticon emoticon emoticon

My fleshy friends didn't even know about this day...nor would it have made any difference in their lives if they did. emoticon 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! emoticon

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! emoticon Blessed am I!!! emoticon

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! emoticon

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! emoticon emoticon

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! emoticon 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! emoticon 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! emoticon 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! emoticon 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! emoticon 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! emoticon emoticon

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. emoticon
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Member Comments About This Blog Post
    Delighted things seem to be going your way. Just hang in there and I'll keep sending out positive energy in your direction.
    1612 days ago
    I'm so glad to hear that things went well the other day in court. I'll be keeping my fingers crossed that the next court appointment will go even better. I'm really glad that you were able to find a good lawyer to help in your quest to save your home. I don't know how you've managed to not go insane over this whole thing. I'm glad that you've stood your ground and fought like heck to keep your home!! Keeping my fingers crossed for you, as well as my toes. emoticon

    emoticon Love & emoticon to you!!
    1613 days ago
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    1614 days ago
    Glad to hear that you're safe for now.. sending good thoughts that you will be safe forever!
    1614 days ago
    My prayers are with you during this waiting process!!! You have done what you need to do, stay strong (which you are) and hopefully this journey will come to a good conclusion!!! emoticon m emoticon emoticon emoticon emoticon Love the picture of you and your DH!!! Beautiful couple!
    1614 days ago
    Wishing you relief!
    1614 days ago
    I, too, am hoping and praying for the very best for you, my dear and incredibly sweet SparkFriend and Florida neighbor. Hug, hug -- Evelyn
    1614 days ago
    I am hoping and praying that you will be able to keep your house. You have the best attitude!
    1614 days ago
    I am SO far behind Sparkin'! My DH & I have a date tonight..... We are in a tiny break, so I zoomed to your blog! GREAT for you! Great for integrity! Baby steps will get you to the finish line! You rock! Prayers continue!!!!

    Love you, sweetest of all Sparkers! My Soul Sister! Nite nite!
    1614 days ago
  • KERRYG155
    The banks seem to do everything they can to get our money but never actually earn it. They played nice for a few months when their crimes were discovered but are now going right back to it as evidenced by their not taking or rapidly paying back the bailout money so they could continue without government checks. I hope your lawyer gets the judge on your side. By now with all you've gone through the house should just be yours.
    1614 days ago
  • LYNCHD05
    The very sad thing here is you are alone. There are so many people going through the sane thing in Florida.
    I sincerely hope things work out for you!
    1614 days ago
    Keep fighting!!
    1614 days ago
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    1615 days ago
    Glad you got this one step further, but you haven't mentioned your little house that you so liked if you had to leave this one. Is that still a contender or has it sold? Hope all works out!!
    1615 days ago
    Wow-you have had quite the time of it. So good to hear things are looking promising again for you! Yes, SparkPeople is an amazing place of some of the most supportive, friendly people you would want to interact with.
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    1615 days ago
    Wow .............. This is horrendous!! I prayed for you last night and again driving to work! Now I had to come back and see what you had to say ........... whew! Well I also have to interject ............... You and your 'hub' are such a beautiful and radiant couple ................. I can see the love there and btw: I LOVE YOUR NECKLACE!!!! ............... (It is DEFINITELY something I would WEAR!! emoticon ............ Being a WOMMMAN ............... I WOULD notice the necklace!!! .................. and terrific against the black! ............. Other than that, I am glad you are doing well!! emoticon
    1615 days ago
    emoticon I am so happy for you that all turned out well. What a relief for you and your DH.
    1615 days ago
    Thank you for the update.
    I know exactly what you mean about people swooping in and buying foreclosed houses.
    My brother lost his job and this was early in the times when everyone was loosing jobs and the bank wouldn't work with him at all. His family ended up moving to Nevada which made things even harder.
    I am good friends with their old neighbor and after many days of storms, I looked in the basement of my brother's foreclosed home and there was at least 3 feet of water sitting there.
    I also feel the same way about people buying foreclosed homes at someone else's unfortunate hardships. To have your house taken from you is unjust.
    I pray that you prevail in the end.
    1615 days ago
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    1615 days ago
  • SCOOTER4263
    The paperwork, the whole situation, is insanity.

    However, as to the haunted house thing: my house is over 200 years old (and the previous one was more than 100.) If there's one thing I'm certain of, it's that people died here. People were born here, too, and lived out some very happy and some very sad moments of their lives. They made mistakes here, they learned here, they laughed and cried and did all the things one does in a life. And to me, that gives a house character. My house never feels "empty" - it contains bits of the lives of all the families that have lived here before me, and to me, that's comforting and not the least bit frightening. Just my opinion. emoticon
    1615 days ago
    Great job and keep pushing!
    1615 days ago
    1615 days ago
    "Victory is always possible for the person who refuses to stop fighting." --Napoleon Hill

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    1615 days ago
    Oh girl I am so HAPPY for you two!!!! emoticon
    1615 days ago
    Keep on truckin' mama. I'm so happy to hear you won this victory how ever small.
    1615 days ago
    So glad it went well. We have some questionable mortgage lenders here too. I steer my buyers away from them. I am so glad you get to fight another day!
    1615 days ago
    We had a house financed with GMAC and since they went into bankruptcy they turned ours over to green tree. So far it has been ok. There has not been a fluctuation of payments up each year like with GMAC. In fact Green tree reimbursed us an amount which we applied to the principal. Only think with Green Tree if you pay online they charge you $12 per month for internet payment so we have opted to pay by check each month. So far so good and nothing has happened. Hope we are one of the lucky few.
    1615 days ago
    1615 days ago
  • SUNNY332
    Wow - that is huge stack of papers.

    Congrats on standing up and never giving up for what you believe in.

    Keep the faith as you move forward.

    Sunny emoticon
    1615 days ago
    Keep on fighting! I can't believe the amount of paperwork you have accumulated. But you need every last sheet. Poor trees!
    1615 days ago
    Bobbi, You really should publish!!! Like in all the Fla. newpaper's letters to the editor!!! Maybe a little honest, bad press would make them straighten up and fly right!! Prayers and "save out home" vibes continuing ad infinitum!!!! (((HUGS))) I wish I could make this dumb fight just go away so you and DH could just get on with your lives without worrying about anybody trying to take your house! You know, if the wrong person happens to come to your actual house, you might could just sic your security gators on 'em!!!! Love ya, Bobbi!! ((HUGS))
    1615 days ago
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    1615 days ago
    Thanks for sharing this information - I am so sorry you are dealing with this mess but at least you are still standing to fight another day.

    Prayers continue to lift you up.
    1615 days ago
    I'm just so happy that you "live to fight another day". You are going to beat this. Somehow I just know it!
    1615 days ago
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    1615 days ago
    Bobbi, Stay on your feet & FIGHT, FIGHT, FIGHT!!!!! I know emoticon WIN, WIN, WIN!!!!!! emoticon Janice
    1615 days ago
    I am happy for you. You are hanging in there! Stay positive!
    1615 days ago
    Foreclosure litigation sucks! I really hate it. emoticon
    1615 days ago
  • JUSTME29
    I'm so glad you got another chance at yesterday's hearing. It makes me so sad to see lenders being allowed to act in this manner. I know that with the poor economy in so many parts of the country many people have been forced to default on their home loans, but it is unconscionable for banks/lenders to take advantage of that situation. Foreclose should be an absolute last resort, not the first thing they jump too. I'm grateful that you have found a good lawyer who is willing and able to put up a good fight for you.
    1615 days ago
    emoticon emoticon Still sending you positive thoughts!!
    1615 days ago
    It is through our most severe problems that we learn who are closest friends are. We all have the "fun" friends to do things with and talk about the weather with, and then we also have friends who are there when we are at our lowest. You are learning that. emoticon God bless through this journey and all of us to live our days to their fullest. emoticon
    Love, Chelsea emoticon YOU ARE emoticon
    1615 days ago
  • DS9KIE
    you could write a novel on this story. emoticon
    1615 days ago
    1615 days ago
    I am glad yesterdays meeting went well. I will continue sending you my positive thoughts and prayers.
    1615 days ago
    1615 days ago
  • DR1939
    1615 days ago
    hope in the end it all works out for the best for you!
    1615 days ago
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