I held off over the holiday season writing anything that had to do with our painfully long fight against mortgage forgery. As some may recall, we were in front of the US Circuit Court fighting the banks demand for an equitable mortgage after my husband and my name had been forged and notarized to the mortgage document securing our property to a loan. The mind plays tricks on you at this stage of the game. Is the agonizing longevity to a decision ever going to end? Will it be in our favor? The mind bends around how the system takes something that seems so obvious and turn it in favor of the defendants? The fear comes from witnessing these types of twists in our “just” legal system, within the walls of our country’s bankruptcy court system.
I understand that creditors need to get paid. I understand that we are all responsible for making sound financial decisions when it comes to our money and how we manage it. I get all that. What I don’t get is why we, as a people, are bound to laws that dictate proper “public policy” protocol; however, when the banks happen to be the defendants, those public policy protocols seem to go out the window. If I forge your name am I not guilty of a crime. If my forgery involves a contract, is that contract not void? Yes it is. It never existed. If the contract is void, so is any document pointing to that document as a reference. The document never existed legally, therefore, reference to it is negates that document as well. That is common sense, at least in my point of view, and that is all that this is…my point of view.
We are starting to look toward our seventh year on this journey. Each milestone we are hoping that it is our last on this road of mortgage purgatory that we have been forced to endure. I could not believe that I was entering another year in the same spot. Do we have our home? Will we have to move? Does us fighting for what is right and just end up with us out on the street? Every year it’s the same. Don’t put money into the house, just in case…meanwhile the house is slowly deteriorating.
I reflect back to when the bankruptcy judge spouted that he didn’t want us, as homeowners, to have a “windfall”. Well whatever happens it will never, and has never been a “windfall”. It’s been years of mental torture. All we did was report a crime. We didn’t commit the crime. We have had the virtual comparison of the big bad wolf at our door since day one…huffing and puffing, and dragging us through the mud. We get a gift of a trip to Hawaii after deaths in our family and it gets turned into my husband and I being totally irresponsible people. Our attorney told us at the beginning that the banks try to run you out of money and trust me he was one hundred percent right on that. I thank God everyday for putting Rex in our lives. Had it not been for him, we would have not even have had a chance to fight this.
I don’t see this as just a fight for me and my husband. I see this as a fight for all homeowners who are wronged by the banks. I see this as ensuring that my children and grandchildren will not have their rights trampled on by the banks and certain courts such as we have. I see this as the courts opportunity to make sure that the laws are equal on both sides of the fence.
So now 2012 is here and I sit patiently waiting. I’m not really patient, it’s just that I have developed an acceptance that nothing is going to happen quickly.