I need help.
Nov. 18th, 2010 08:07 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
fanciful_museI have this story posted in ![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-community.gif)
law_questions under the pseudonym of bumfuddled, so that various trolls don't find it and use our misfortune to make things worse.
You can also find a post in nebris' journal here. You will need to be on his flist to see it.
Here is what the situation is:
I moved to California in late 2006. I had a very hard time finding a mortgage due to being a newcomer and having debts that I had just freshly paid off. It didn't seem to matter that I had just paid off a mortgage in good standing.
Being desperate, I was open to anything, and our realtor offered us a deal involving a mobile home with a non-traditional contract where we would pay 12% interest on the balance owed, with the agreement that we would pay off the balance with a mortgage a year hence. Well, a year went by, the economy fell apart, and we couldn't get that mortgage. The company kept accepting our checks.
This was turning into a contract without end and we'd already paid them over $50,000. We sought to renegotiate but we had a very hard time getting a hold of anyone at this office. Finally, to get their attention, we sent them a certified letter stating that we were cutting the payment in roughly half and that my roommate would act as my designated representative (I'm poor, female. He's poor but male. You get the picture). They accepted the reduced payment, a few weeks went by, then my roommate got a call from the president of the company we had this agreement with. He was very uncooperative, and eventually hung up, claiming that he has to talk to his associates. We never heard back from him. Also, the man that we had the original agreement with (who, oddly enough, we never met) was no longer with the company.
Since cutting the payment got his attention the first time, we cut it by another $100. This time, we got a HANDWRITTEN NOTE with the check, informing us that the payment was short $100 (meaning that he agreed, by omission, to the lower payment, making the prior contract null and void) and that we were to stop sending the checks to the company, and start sending them to a strange woman he named in the letter.
It's quite obvious to us that the company is on the verge of bankruptcy and this man is attempting to hide his assets. The problem is, we're not exactly certain what to do about this situation. Do we simply stop paying him and force him to either surrender the debt or sue us for the balance, or what? We called Legal Aide for our county and they claim they cannot help us.
It's looking more and more like we're going to have to hire a lawyer to clear this up; problem is, we're both poor as dirt as you, my friends, are more than aware. If you can help us figure out where to get help for this, I'd be appreciative.
I've got emails dropped to the tax assessor for the county regarding the deed and finding out the history of ownership of this house (basically a self-done title search). I have also dropped an email to the Predatory Lending office of the FHA. I haven't heard anything back yet. I've also posted to findlaw.com.
I am trying to recover from a major infection involving teeth (again) and this is just making things worse. I might end up on a month's worth of antibiotics yet again thanks to this jackass.
law_questions under the pseudonym of bumfuddled, so that various trolls don't find it and use our misfortune to make things worse.You can also find a post in nebris' journal here. You will need to be on his flist to see it.
Here is what the situation is:
I moved to California in late 2006. I had a very hard time finding a mortgage due to being a newcomer and having debts that I had just freshly paid off. It didn't seem to matter that I had just paid off a mortgage in good standing.
Being desperate, I was open to anything, and our realtor offered us a deal involving a mobile home with a non-traditional contract where we would pay 12% interest on the balance owed, with the agreement that we would pay off the balance with a mortgage a year hence. Well, a year went by, the economy fell apart, and we couldn't get that mortgage. The company kept accepting our checks.
This was turning into a contract without end and we'd already paid them over $50,000. We sought to renegotiate but we had a very hard time getting a hold of anyone at this office. Finally, to get their attention, we sent them a certified letter stating that we were cutting the payment in roughly half and that my roommate would act as my designated representative (I'm poor, female. He's poor but male. You get the picture). They accepted the reduced payment, a few weeks went by, then my roommate got a call from the president of the company we had this agreement with. He was very uncooperative, and eventually hung up, claiming that he has to talk to his associates. We never heard back from him. Also, the man that we had the original agreement with (who, oddly enough, we never met) was no longer with the company.
Since cutting the payment got his attention the first time, we cut it by another $100. This time, we got a HANDWRITTEN NOTE with the check, informing us that the payment was short $100 (meaning that he agreed, by omission, to the lower payment, making the prior contract null and void) and that we were to stop sending the checks to the company, and start sending them to a strange woman he named in the letter.
It's quite obvious to us that the company is on the verge of bankruptcy and this man is attempting to hide his assets. The problem is, we're not exactly certain what to do about this situation. Do we simply stop paying him and force him to either surrender the debt or sue us for the balance, or what? We called Legal Aide for our county and they claim they cannot help us.
It's looking more and more like we're going to have to hire a lawyer to clear this up; problem is, we're both poor as dirt as you, my friends, are more than aware. If you can help us figure out where to get help for this, I'd be appreciative.
I've got emails dropped to the tax assessor for the county regarding the deed and finding out the history of ownership of this house (basically a self-done title search). I have also dropped an email to the Predatory Lending office of the FHA. I haven't heard anything back yet. I've also posted to findlaw.com.
I am trying to recover from a major infection involving teeth (again) and this is just making things worse. I might end up on a month's worth of antibiotics yet again thanks to this jackass.
![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
I'm not a lawyer either
Date: 11/19/10 10:27 pm (UTC)This argument does not hold water. My loan holders cheerfully have cashed short checks and still demanded the full amount later. You did sign an agreement for the original payment and none of us know how long they can extend this. Don't get too attached to this idea if you want to keep the house.
Its impossible to say how much you legally owe. Also, the reduced payments? He could claim you owe him back pay for those months.
The fact that a man with no morals working for a company which is collapsing decided to let you make smaller payments doesn't mean the company knows or approves or that it was an implied house payment. the fact that he is the prez means nothing. This is how people get screwed out of their homes.
He can also call everything you paid after the 1st year rent, since there's no contract. I expect him to try this. I imagine he can do a lot of things and you won't like any of them. Talk to the DAV to try to get an advocate for a VA loan. They have free lawyers in some places. A volunteer who is a retired lawyer fixed my VA disability claim.
My gut instinct says don't send your payment to 'a strange woman' because then you can't prove you paid HIM for that month. Keep the letter to show to the lawyers, the DA and the evening news. Make copies but do not give up the original. Keep paying like before, or maybe save up the cash and keep it some place safe, but do not send it to a little old lady at his church.
Forget emailing anybody. You have to go in person. I emailed my tax office 3 months ago because I think there is no freaking way my house is as big as they claim and I want them to remeasure it and thy are cheerfully ignoring me. Go in person. Take notes. Use a tape recorder.
Get a copy of the deed with your name on it today. This is vital. Just because your name is on the taxes does not mean your name is on the deed. A long term lease can be written to make the leasee pay the taxes. This happens all the time where I live.
When they start screwing you, if you can't do anything else, start a trial by media. Scary old company takes advantage of 2 disabled people and tries to cheat them. That's usually worth 5 minutes of TV on of those "We help the little people" spots they use when news is slow.
Talk to the VA about all this crap and try to get a VA loan right now. Actually, you should talk to the DAV. I am doing a bit better than you are and they still help me for free. I don't know if they do this, but for Gawd's sake, ask.
Do not leave. Prepare for a siege. Consider that one of you must be there at all times. Be prepared to have the power shut off, etc, to try to make you leave. Whoever actually owns the place can do this. Prepare to play the disability card over and over and over. Call in the TV news.
However, if you really are the deed holder and there is no lien, why are you still paying him? Tell him to go screw himself if the deed is clear. And that is why you need a copy of the deed and some kind of advocate. In his rush to screw his sinking company, he might have set you free.
You really need to drive out there Monday and get a copy of the deed. Email isn't fast enough.
Re: I'm not a lawyer either
Date: 11/19/10 10:43 pm (UTC)This is a mobile home so it has a title. The company holds the title and I'm the "registered resident" which is why I got stuck with the property taxes. I spoke to the tax assessor and someone at the State level, yesterday.
To my knowledge, they can't turn off the utilities. The electric runs through the park and the park manager isn't going to let them pull a stunt like that. It's in my name, anyhow, and she'd have to be informed BY us that we had moved (which we have no intention of doing). The water bill is also in my name and again they'd have to be notified BY me before turning it off.
I have contacted a lawyer and we're having an over-the-phone consultation with him on Monday. I faxed him all documents we currently have, including the last letter. We are prepared to start a Legal Fund via PayPal to hire this guy if we have to.
A close friend of mine is afraid he's going to get desperate and try to burn the place down. Believe me when I say I am going to make sure one of us is here at all times - even though we should go down to Sepulveda so I can get these teeth pulled.
I am also seriously considering hiring a locksmith to retool the deadbolts on both doors.
He is going under....
Date: 11/19/10 10:58 pm (UTC)I strongly suspect he does not have the cash to wage any kind of real fight and taking this place over means covering the lot rent.
~M~
no subject
Date: 11/21/10 04:06 am (UTC)Please put a chair under each door when you go to sleep. That will make enough noise to wake you.
What a freak show you have on your hands. I feel for you. I wish I was there. I have guns and I am a fat, middle-aged, disabled, fiery tempered, red headed, Celt AF veteran of 20 years who would love to help guard your house. I have PTSD related symptoms and near Olympic level rifle skill. I'd love for him to screw with me.
I think he may show up and try to bluff and bully you outta there. That's why you need angry friends. To back him down if he tries to scare you or break in or burn the place down.
I sincerely hope this works for you and you can stay in your home. If his company folds, you might do well out of it, as long as you survive the process.