Monday, December 28, 2009

Eviction

Eviction is a devastating thing. It is devastating if you can't pay for your home. It is even more devastating if you are paying for your home, and the court strips you of your rights for no good reason.

The court ordered my ex to make mortgage and utility payments in lieu of support pending the outcome of the divorce and settlement. The ex refused to obey the order, and devised what was proposed to the court as a "scheme"(no, really that's the word they used in the transcript) to pay the bills. The judge was convinced that all our bills would be paid by selling our home. No evidence was ever offered that this was actually the case. However, while we argued about it he refused to make the payments, and the house began to go into foreclosure.

The court told me I could refinance the home myself, but this was a real catch 22. I was given 30 days. The home was already in foreclosure. The loan could be assumed, but only if the payments were current. I did not have an attorney. I filed numerous documents to the court proving there was going to be very little equity from the sale of the home, especially after the real estate agent got his bite.

I finally made a forbearance arrangement with Citi mortgage. If anyone out there has financial problems I would strongly encourage you to talk to them on a daily basis and give them whatever you can pay. They are extremely motivated to help, especially in situations like this.

You might think this would solve the home issue as far as the court was concerned, since the ex did not have to pay the mortgage. I had also acquired an attorney who was trying to negotiate a settlement in good faith.`However, by the time I had my payment plan, the ex also had a court order to evict me! The court turned a deaf ear to all my arguments, having chosen to go with the sale even though there would be no profit. The ex had already gone to the state troopers and set an eviction date without giving notice.

On August 5, 2008 I was called from the shower in my home by troopers who forced me to leave my home, still wet from the shower. The ex actually stood in the driveway and told me he asked his attorney not to do this to me. I found out later he wrote the check for the eviction the same day he got the order.

I took my two dogs and two cats and whatever else I could fit in my car, and drove away from my home. I had no support, and no where to go.

1 comment:

James said...

Thanks so much for sharing. Being in the same situation myself just recently I can share the pain. Hope things have improved and again thanks for sharing your story.