Court issues…Family dilemma… praising the Lord

February 24, 2009 bsmith101
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Sometimes I just become so overjoyed that I can’t keep it to myself.  And this is one of those times.  I am suppose to be working on launching my website…which should be up this week.  But I just couldn’t not before writing this blog…to tell you just how good God is to me.

I know that many many many people are currently facing foreclosure and until I started taking care of my parent’s property it really never mattered much to me.  But following the passing of my father the 2 mortgage companies which had mortgages against our property put us into foreclosure.  But not being on the mortgages the companies refused to tell me anything…and I was the only out of my 7 other siblings who felt our parent’s property was worth fighting for and eventually paying off. 

But because my name is not on the loans for the mortgage (which of course it would not be…since the house belonged to my parents and it was their loan).  So, the mortgage companies legally did not have to give me any information regarding my parent’s account…and for the most part that is what they did.  They refused to share any information on their account with me…even though they knew that my parents were now both deceased.  And the kind of information I wanted was a copy of the payment history of the entire loan and all other information concerning it…the whole history of mortgages.

Finally, CitiMortgage, one of the mortgage companies…the one with the highest balance and most difficult company to deal with…they sent me a copy of my parent’s mortgage.   After going over the documents it showed that supposedly that mortgage had been refinanced in 1999.  But my father by that time had been diagnosed 67807211as having Alzheimer’s.  Besides his left hand shook badly…which meant that his signature would have been severely affected when he wrote.  But that copy of the supposed mortgage refinanced by him showed no signs of a wobbly hand.  And even if it had my father’s mental capacity being what it supposedly was at the time…he was not legally competent to enter into any such contractual agreement.

So, I filed papers disputing the foreclosure by CitiMortgage against my parent’s property based upon it being a false document…and as being such CitiMortgage’s foreclosure was being based upon a fraudulent document which would nullify that contract and halt their foreclosure based on the amount outstanding due to that document.

Well, after I don’t know how many months…and after receiving information from CitiFinancial that they were in possession of my parent’s property.  I went back to u190337411court.  Because CitiMortgage/CitiFinancial had failed to answer my complaint against them.  So, I entered a default against them.  Today, I received my notification that my default had been granted.

I cannot tell you how overjoyed I am.  Through the grace and mercy of God…I had won.  This decision totally knocks out a mortgage which added over  a hundred thousand additional dollars onto my parent’s prior loan. 

I knew in my heart that my father would have never placed an additional $100,000 of debt upon our property.  That money was supposedly against a loan of nearly $30,000 at an interest rate of over $60,000 making CitiMortgage a mighty big winner in that contract.   My father would have never done…and particularly since he had already had more money than the alleged near $30,000 the loan approved for…as he had more than that already in at least one of his several bank accounts.  So, I went into court Pro-se as a heir to the estate of my father…and went to fight.  But God fought that battle for me.  And I cannot thank Him enough.

I wrote this blog because I know that many people are going through much of the same.  It is very difficult trying to go to bed night after night…and not know whether or not tomorrow you will be deposed and kicked out into the streets…because some bank or mortgage company took over your home.

One of the biggest frauds going…happens when people in mortgage companies find out that there is a dispute among family members following the death of someone of whom they hold a loan against their property.  This opens the door for all kinds of things to happen if the people or a person within the mortgage company is a distrustful crook…that might shock some.   But it is very true…and not just with mortgage companies but lawyers also…anyone sitting in a position they see where they can take advantage of. 

Anybody sitting in a position who can take advantage of  such a situation many times does.  Because they seize upon the family members lack of communication with one another and their inner turmoils and conflicts to keep the family members too busy at each other’s throat…and it allows the cheats the freedom to do whatever they will.   It is for this reason that I asked to see the complete history of my parent’s mortgage from the initial mortgage on.  For which I never got because they refused to release to me.  Nor did any notices of court dates come to house regarding the foreclosure hearings. 

By not getting those notices…the notices regarding the foreclosure hearings…I could not appear in court to defend my parent’s property.  And since none of my other siblings cared…they didn’t go either.  This meant that that by default the mortgage company won their foreclosure because nobody showed up on our side of the table…or who represented us in court.

I tell people all the time…the worst thing you can do in a court case…is not show up.  By failing to show up the other side automatically wins.  Give yourself a fighting chance.  Show up and tell the judge your side of the story…you may be pleasantly surprised by the outcome.  It could make a difference.

If you have been reading these blogs then you also know that I had entered a case in the Appellate Court

Perhaps you are familiar with this…and are guilty of the same.  Though I must say as a rule I am not a procrastinator…but for a couple of weeks I had been walking around with the letter from the Appellate Court unopened.  I get tons of mail…and there are some pieces that I put off opening simply because I don’t want to think about it…and I am afraid of what it might be informing me of.  This was the case regarding my default notification from the court and this letter from the Appellate Court…both of which I finally decided I couldn’t put it off any longer.   So, I opened them up this morning.

It turned out I had been dreading good news from both courts.  The notice I got from the Appellate Court was to inform me that I would not have argue orally our case before the judges.  Though I had requested to do so…I really didn’t want to do it.  But from where I stand nobody can better present my case than me…and particularly since when my son had gotten a lawyer…the lawyer told him to settle for $1,800.   Our car had been totaled, my son suffered back injury (which still plagues him today)…and on top of that the repairs that the insurer of the other vehicle (the one that caused the accident) authorized were not sufficient considering the amount damage sustained to our vehicle. 

So, I filed the papers myself…when you do this it is called “Pro-Se.”  But it was not because of any of the reasons I have already listed that drove me to file suit.  No, I filed because they had returned to my son a faulty automobile which could have killed him…and they didn’t care.  The car shook…the bumper would fall off while he was driving…and at the time of the accident my son was away at college in a town which had no public transportation…not even cab service…which is why I had to buy him a car in the first place.

So, I filed suit in conjunction with my son against Allstate Insurance.  And today I heard from the Appellate Court…because if you recall, also in a prior blog, I explained how my son had really won the case…but how the whole thing had been a set-up and ended up in front of a judge who was friendly with the other side.  Don’t act shock to hear this…it happens everyday…watch LAW & ORDER.  It is regular practice for lawyers to call the clerk’s office to find out which judge is in what court and when. And try to schedule their hearing before judges who are very lenient or favorable to them.

Had we lost our case in court fairly…I would have accepted that decision.  But I could not knowing that we had not been unjustly treated and all our evidence and testimonies had been overlooked.  So, I filed a Notice of Appeal…and to the Appeals Court we were a going. 

One of the most involved documents I have ever had to put together was the legal brief that was required of the Appeals Courts.  It was over 100 pages in length and required many hours of research in a local law library and several days of typing…but I did it.  By the time our case finally got heard…following all the hearings for the various pre-hearing court dates for…Motions to be entered…and Mediation…etc..and all our travelling back and forth…many times when we barely had the money to go and come back.  But we did it any ways by faith…over 900 miles each time.

Now, the notice from the Appeals Court today informed me that we would not have to present our case orally before the Appellate Court.  I had covered everything so completely in that brief…and in great detail…including the court transcript to back up my statements.  I am so happy that we do not have to go down and stand before them.  Standing before several judges dressed in black robes…would have been a bit un-nerving for me.  But if I had to…I would have done it.  I had prepared myself to do it.  Because from the on-set…I had not filed the papers to lose our court case.  And I always knew it was just a matter of how much…because we had all the documentations, receipts, invoices, pictures etc. to prove our case.  Many times in court just having truth on yourself is not enough…you must have hard evidence…and we had both truth and hard evidence.  Then they next thing is to be capable of delivering that evidence before in a logical and as near legal manner as you can master.

I tell you this…because I do believe that if more people sued for wrongs and injustices…maybe some of us others would not have to.  We live in an area where they want to make you feel guilty for having to sue.  But believe me…many times a law suit is necessary to resolve many matters.  The problem is most lawyers won’t take any cases that they believe they won’t make any money on…or that may tie them up for too long.  This leaves those who can’t go into court for themselves with no choice but to drop the matter.  And even I have had to decide whether or not something was a battle to fight or not. 

I have not sued everybody…though my son and most of friends believe I have.  But I have not.  Some of them I have left for God to deal with.  He can do things to them that I cannot.

This reminds me of a time when I was in grade school.  While in the cafeteria one day just as I was about to sit down…this girl took her foot and snatched the stool from up under me.  I fell flat…and everybody laughed at me. 

I was so mad that I began praying to God to do something to the girl.  And a couple of years later I realized he had.  The girl is very unattractive…and I have always thought God did that to her because of me.  Truly, I have.  From that point on I have never prayed to God to take care of anybody else for me.  I thought His punishment to her was a bit too harsh. 

So, for the cases I decided not to pursue…I have just left it up to His discretion if He wants to do something about it or not.  The Bible says…He rights every wrong.

But I will keep you posted on the Appellate Court decision. 

The reason behind this blog is to encourage those of you who are facing foreclosure…or any other problem…legal or otherwise.  Do not give up.  Go back through your paperwork…there may be something in it which can turn your situation around.  You may find a loop hole…lawyers use them all the time.  But if they can so can you.

Always remember that God has the final word in all situations.  And that He is faithful.

My parent’s property is still in foreclosure but now all the  money paid on the property from the date of that refinance date that I disputed to present will have to be reverted to the old mortgage…and with interest. 

The Bible is true…God is bcp045-5311always working it out for our good.  I am just so happy.

God is good.  And I am so happy that he is a friend of mind.

It is still Black History MonthIda B. WellsW.B. DeBoisBillie HolidayBillie Holiday Picture GalleryMarion Anderson...Sweet Honey in the Rock

Billie Holiday Picture GalleryImage, Source: digital file from original neg.Image, Source: b&w film copy neg.http://mirroronamerica.blogspot.com/2009_02_01_archive.html

As I have said in my other Black History Month posts…the reason I have not given you any information on the people that I list is so that you will be motivated to research who they are.  This will prove to far more helpful to you…and to your ability to remember their accomplishments.

Well, God bless…

Thank you for reading this blog…and  my others.  Please be sure to continue to share this blog site with your family, co-workers and all your friends… “pass it on” www.bsmith101.wordpress.com ©2009




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Entry Filed under: Areatha Franklin,Church people,Corporate Greed,court case Allstate,Court Of Appeals,Dealing with loss,death,Estate Matters,Evils of this world,family disputes,Family Values,foreclosures,Foreclosures,judicial system,Law,lost of love ones,Mortgage Crisis,property dilemas,the Bible,Unfair Trade Practices

One Comment Add your own

  • 1. 3895&hellip  |  February 25, 2009 at 1:59 am

    Helpful Foreclosure Assistance
    Knowledge Website


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