Evicted Family Breaks In to Own HomeBy Sheree R Curry
Oct 11th 2010 @ 6:29PM
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The Earls, however, say that they were improperly evicted from the 2000-built home and then later denied a trial by jury. "The bank used the usual fabricated and forged documents to foreclose," they wrote in their court petition, in which they outline signatures by a bank personnel that do not match from document to document, and thus to them indicate the documents were not properly reviewed and were forged. "This is only the beginning of this," the Earls' attorney, Michael Pines, told the local ABC News station. "We needed to get back in before the investor and the real estate broker defrauded a new family by having them move in, which would have created a bigger mess."
The Earls also question who owns the loan, as the foreclosure documents list GRP Financial Services, but there has been several lenders listed in the past few years. The original lender, was Washington Mutual Bank, then it became JPMorgan Chase after the banks merged, and then to Bank of America on the same day that JP Morgan sent the home owners a notice of default. The Earl's argue that JPMorgan never properly assumed the loan and thus did not have the right to sell it off to Bank of America. And in turn, the investors, Conejo Capital Partners, did not properly purchase the property either. The courts generally can ignore a foreclosure sale when there has been fraud or the sale was improperly conducted.
The Earls, who admit to having fallen behind on their mortgage at one point, say they were working with the bank to catch up on their payments. But, according to a source close to the family who did not want to be named, whenever they made a payment it was not being reflected on their monthly statement. Ultimately, there was a $25,000 discrepancy between what they thought they still owed on their approximately $980,000 loan, and what the bank said they owed. They originally purchased the home for $500,000, says Garvin, but had taken equity out of the home over the years.
Garvin testified at court that he successfully bid against four others for the property, and on February 5 served the Earls with a three-day notice to vacate the property, and they failed to do so at that time. They are charging the Earls approximately $4,000 a month rent, or about $133 per day for their extended stay beyond that date.
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Link:
http://www.housingwatch.com/2010/10/11/evicted-family-breaks-in-to-own-home/:shrug:
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