I can now offer you proof positive that the bank can be beat. As most of you whom have followed this blog over the past couple years are aware, we won an avoided mortgage against the bank in the 6th US Circuit Court in January of 2012. Through many trials and tribulations we were finally able to secure excellent legal representation and pursue clearing our title. During this journey, the bank, who had no interest in our property, continued to do business as usual, insuring our home and paying the taxes. In April of 2013, I decided to challenge this forced insurance based on my belief that them having insurance on our home was likened to me having insurance on my neighbor’s home, of which I have no interest in. In January 2014 we deposited a portion of the insurance proceeds into our bank account and will now be able to fix our roof!
The lessons learned while battling for the avoided mortgage were invaluable as we took on the bank over the issues of paying our taxes and forcing insurance on a home that we can’t even get insured. There was a patience that was not present in the previous battle. There was an acceptance that this bank was going to do everything within its power to convert these proceeds to debt insurance; however, there was also the knowledge that they had nothing to stand on. The four page “note”, which is being challenged as well, does not authorize them to insure or pay the taxes on the property.
Our journey with this bank is not over, because we are now in the phase of solidifying a summary judgment that we received in 2007. This judgment was granted under the premise that we would never be able to collect on it, as it was the intention of the bankruptcy court to assign an equitable mortgage based on the fact that it was not this particular bank that actually forged the mortgage. In the words of our previous attorney, we were “beating a dead horse”. Well, that dead horse is worth over a half a million dollars at this point, not including attorney fees and costs.
The bank did graciously offer to drop the lawsuit (for their supposed note) if we drop all litigation against them. I thought that was very thoughtful of them; don’t you? To have our property free and clear of a $78,000 debt (isn’t our property free already?;) all we have to do is walk away from the judgment and any other suits that may be happening in regards to the issues with the note. Excuse me as I fall to the floor in a fit of laughter…
…there, I am better now. The first question that comes to mind is, “Why would you make an offer like that”? Could it be because that “blue ink” note that we are requesting doesn’t exist and was never yours in the first place? Could it be because you know that this may turn into a case of “malicious prosecution” and “abuse of process”? Here is the reality. At this point, even if a true note was produced, the bank owes us a heck of a lot more than we owe them; so their offer is a joke and obviously not up for consideration.
I hope that this gives all of you a reason to stay the fight. Several years ago I would have never believed we would be at this stage of the game, but here we are. Stand by the truth and fight for what is right. Stay your course, because, if you truly put it in God’s hands, he will pull you through it. I dedicate this win to each and every one of you whom have been forced into this journey through no fault of your own; and I pray that each and every one of you will find the justice that you also, deserve.