A friend of mine is losing her house on Monday.

[Qutzupalotl]

But here's the thing: she doesn't have a mortgage. She owns her house free and clear. Deutch Bank is claiming her property and somehow got a judge out here to side with them, even though she was waving her note in their faces.

She's of course upset and worried. Any DUers out there with resources or suggestions? She lives in Eugene, Oregon. Any help or advice would be appreciated. Thanks.

[cyberpj]

1. Find the info on the lawyer who foreclosed on Bank of America when same thing happened to a couple

in Florida.

Edited: I found it:

http://abcnews.go.com/Business/bank-america-florida-foreclosed-angry-homeowner-bofa/story?id=13775638

snip-
The Florida incident arose when the bank foreclosed on Warren and Maureen Nyerges of Golden Gate Estates in Naples. This surprised the Nyerges, since they had no mortgage--not with BofA or with anybody else. They had paid cash for their home in 2009.

Warren Nyerges made phone calls to the bank to try to get them to desist. "I talked to branch managers, I called anyone who would listen to me," he told the Naples News. "I wrote a certified letter to the president. No response, nothing." Finally he hired an attorney. Two months later, the foreclosure had been dismissed.

Nyerges then sought to recover his attorney's fees, and got a judgment against the bank. Five more months passed: more phone calls, more letters; no payment. Nyerges went back to court and got a writ of execution, which gave him permission to seize bank assets in payment for his judgment.

[Qutzupalotl]

4. Thank you, I did send her that story a few days ago.

I don't think Deutsche Bank has a local branch here, though.

[eleny]

2. By "her note" do you mean the deed to the house?

[Qutzupalotl]

3. Yes.

Which makes the whole thing incomprehensible and scary to me.

[izquierdista]

5. State Attorney General

These are the kinds of cases that can boost their career. Try to get in as part of a class, she isn't the only one in this position.

[justabob]

7. this

Definitely call the AG, and the other idea upthread of contacting the lawyer that defended the people against BoA. This is so wrong, and actually terrifying. I hope y'all can get it worked out.

[Qutzupalotl]

12. Thank you, I will send that suggestion to her. nt

[Vanje]

6. Jesus Christ!

[Mnemosyne]

17. ...

[Waiting For Everyman]

8. She needs to file a bankruptcy before the gavel falls on the sale.

That stops everything, and the legal issues can be sorted out by a BK judge (different jurisdiction, federal).

Make them PROVE the note as part of the BK. Obviously they can't. Ask a lawyer, but I think she can even withdraw the BK before it's finalized.

[Qutzupalotl]

Thank you, I just sent her your suggestion too.

I don't know if she will be open to filing for bankruptcy, just on principle, but that is an interesting idea.

[dixiegrrrrl]

43. If her principles are more important than keeping her home, that is up to her, I guess.

I would use any tactic that stopped the clock and gave me a chance to marshal a defense.

[rurallib]

9. kick for visibility

good luck.

[truedelphi]

13. Same here. n/.t

[Shagbark Hickory]

10. What a nightmare.

[tridim]

11. Call the police and have them arrest anyone who tries to take the house.

[EFerrari]

22. She could call the sheriff, the one who would have to do the sale.

Or better, have a lawyer call the Sheriff's office.

[True Blue Democrat]

31. Was going to suggest armed U.S. marshals.

for effect.

A podunk Sheriff and a corrupt judge would be soon out of business.

[Qutzupalotl]

41. Thank you, she says: "Great idea!! The police told us to call them!!" nt

[sammytko]

14. Has she gone to the media?

Did she have title insurance? Was it a clean title?

[Qutzupalotl]

21. I don't know, but I have suggested that she contact local TV and newspaper.

The way she describes her title was that she owns her house "free and clear" — meaning, I guess, she paid it off years ago.

I don't know whether she has title insurance — what would you suggest if she does have it?

[sammytko]

26. they should have checked for any flaws to ownership

even if something got past them, they might be able to cover legal costs.

[Name removed]

15. Deleted message

Message removed by moderator. Click here to review the message board rules.

[True Blue Democrat]

16. Has she filed an restraining order against Deutsche Bank

and ask them to show the judge *THEIR* title?

[Qutzupalotl]

20. She described a hearing on her facebook page,

but it sounds like the judge is as corrupt as the bank. It's baffling to me and I'm sure frustrating for her.

[True Blue Democrat]

27. The FHA should help

And as long as she has confirmed documentation in writing and on her hand, she can go to the federal court and have it stopped.

Her house is NOT in foreclosure - the biggest question is *DID OR CAN THE BANK PRODUCE A NOTE RIGHT NOW? (If the owner has the notes, the bank CANNOT produce the note)

The judge's order should have been immediately appealed - plenty of court cites to back up a lawful owner to order the bank to produce the note.

Also, Deutsche Bank AG should have his charter in question to doing banking practices in the United States, as they are a German entity.

[sfpcjock]

18. There's resources to help with this that people here must know.

Get mad. Deutsch Bank received TARP money for AIG swaps they happily bought (knowing they were phony). Probably 100 cents on the dollar. I'm sorry to hear about your friend.

If not, ask me and I will research it for you.

[Name removed]

19. Deleted message

Message removed by moderator. Click here to review the message board rules.

[littlewolf]

23. lawyer up ... and then counter sue .....

[Gormy Cuss]

44. Definitely needs a lawyer, preferably one with RE background.

The other good suggestion upthread is contacting the state AG -- it can't hurt to try that tack.

[csziggy]

24. Oregon has some resources to help homeowners

The Department of Consumer and Business Services, the Department of Justice, and Oregon Housing and Community Services have been working with the legislature, and consumer groups to protect Oregonians from mortgage fraud and provide resources to homeowners facing foreclosure.

The agencies have provided funding for foreclosure counseling using proceeds from Oregon settlements exposing mortgage fraud, and they have organized events throughout the state to help homeowners, such as the first Homeownership Preservation Event (HOPE) held in Portland in May.

This Web site provides information and resources to help homeowners prevent foreclosure, avoid scams, and better understand the foreclosure process

http://foreclosurehelp.oregon.gov/

Of particular interest to your friend may be the Oregon Department of Justice page for Mortgage and Foreclosure Fraud:
http://www.doj.state.or.us/finfraud/mortgage_fraud.shtml

There are lots and lots of links that may be of help to your friend.

The best option at this point would be to find some way to stop the proceedings until she can prove that they have no claim to the house.

Wish her luck from me.

[True Blue Democrat]

30. Do keep us updated. I'm willing to get on the phone with my Senators

if I have to, to get this matter prompt attention.

[csziggy]

33. You need to send this reply to the OP so they will be sure to see it

[Qutzupalotl]

39. Thank you very much.

I just forwarded those links to her.

[katanalori]

25. call Peter DeFazio ASAP

Eugene Office
405 East 8th Ave. #2030
Eugene, OR 97401
Phone: [phone]

Tell them it is an emergency.

[True Blue Democrat]

29. Echo that idea as well

Many representatives DO have people in places to stop this kind of crap.

She needs to get the local media involved. Get her Senators aware of this issue as well - Wyden and Merkley should also help stop this problem as well.

[Qutzupalotl]

38. She says she contacted DeFazio's office and even the governor and AG

but got no offers of help.

[DirkGently]

28. Lawyer. Legal Aid, whatever, wherever. No way this happens if the judge is shown the facts.

[NNN0LHI]

32. Was she represented by an attorney when she went in front of the judge?

[Qutzupalotl]

37. Yes

Which is part of why I find the judge's actions incomprehensible.

[NNN0LHI]

46. This sounds terrifying

Thanks for posting this.

Don

[Remember Me]

34. Dear God. Now they're resorting to outright theft in broad daylight. nt

[in_cog_ni_to]

35. eminent domain?

WTF? Or is that ONLY the Government that can take homes by eminent domain? Can banks? Remember when BUSH wanted property for his baseball team's stadium? He got it. Was that when he was Gov of Texas?

[Ruby the Liberal]

36. All of these suggestions are wonderful, but I have to say

did she just ignore this until the last minute? No offense, and I appreciate you reaching out on her behalf, but this stuff takes weeks (and sometimes months) to stop, much less resolve.

There really isn't much she is going to be able to do between now and Monday. She will be lucky to get through to the AG office to leave a VM by then.

[Qutzupalotl]

40. She's been at this for some time, it's me who is late to this party.

I didn't expect things to get to this point, since she has a note.

[Ruby the Liberal]

45. Unfortunately, if an auction is scheduled for Monday, there isn't anything she can do

at this point to prevent it.

Please don't take offense at this, but as a credit counselor with many years in the industry, this isn't adding up for me. I appreciate that she has been working on this, but it almost sounds like she figured it would just take care of itself because she has a note. Let me explain why that logic doesn't work: Everyone who refinances has a "note" as the refinance pays off the prior debt. I have 2 "notes" on the house I live in and a mortgage because both refi's paid off the prior lein and the 3rd lein is the current one. Just having proof of a mortgage paid in full does not indicate that there isn't an additional lein from another creditor.

She needs to get in front of the judge and demand that they produce THEIR version of the "note" and proof that she took out a mortgage with them.

Given the urgency of the hour, this is the only thing I can think might work, but she needs to petition the court ASAP as they are the only ones who can put this on hold.

[mackdaddy]

55. You need to find out more exact details too.

You keep saying a "Note" which implies a LOAN. A "Title" or "Title Insurance" usually means true "ownership".

You might ask her to talk to her lawyer yourself. Sometimes people truly do not understand what the lawyer is telling them, and you might be able to get something she is missing that will help.

Your are at a disadvantage helping her or finding her help if you only have part of the facts.

[Qutzupalotl]

42. Thanks, EVERYONE. Great suggestions here.

I will post an update on Monday to let you all know what happened as soon as I find out.

I've said this before, but DU is freaking awesome!

[grantcart]

47. Of course get a good attorney and contact the local news

If it ever gets to an auction she might think about printing a carefully worded statement (by the attorney) with a copy of the deed and handing it out to all of the bidders letting them know that if they bid on the house they are bidding on getting involved in a lawsuit that they will lose.

That will discourage anyone from buying the house while legal remedies are worked on.

[annabanana]

54. Yes, please!. . Update us when you find out WTF's going on. . . .n/t

[applegrove]

48. There was a story last week on the Daily Show. Same thing happened to

a person in florida. They got a lawyer and sued. Got legal costs. Bank refused to pay court costs. So the lawyer hired some repomen to go to the bank and remove some of the banks belongings.

[flvegan]

49. Something here isn't right.

She doesn't have a mortgage, but has a lawyer defending her in the foreclosure suit. There is either information missing or that lawyer is the most inept idiot to pass the bar.

Did she pay cash for the property? And if she did, did she get owner's title insurance?

[sammytko]

51. Yes, all very strange

I've heard of cases of repoing the wrong house because of address mix-up. Even bulldozing the wrong house because of the same.

[donheld]

50. If they set foot on her property, why can she not have them

arrested for trespassing. If they enter her home breaking and entering?

[renate]

52. I ditto the suggestion above to contact the media

Do the stations in Eugene have a consumer-rights segment like at least one of the Portland stations does?

And even if she can't get the media involved, could any of the broadcast journalism professors at the university get some students over there, with great big cameras, to 1) get the story themselves and 2) look impressive? If not, maybe just friends and neighbors with video cameras would at least show that what's going on is being recorded--and that might be useful in court later on.

Good luck. What a horrible story!

[Lochloosa]

53. Call her Rep in Congress. Some of them are really helpful.