Tag: court

Today We Are No Longer Homeowners!

I know you’re probably cringing for me because it’s such an awful thing this whole foreclosure business but really we’re past that and on to the celebration of starting the new chapter in our lives.

A chapter where people are kind.
A chapter where we aren’t crazy dirt poor.
A chapter where my daughters are blooming from being planted in fertile educational soil.
A chapter where things only get better. (I mean on the whole, I’m sure emergencies will still occur.)
A chapter with hope as the underlying message.

With the weather being so awful-cold he hasn’t worked yet this week so rent is going to be a struggle this month but he’s going to try and figure something out (as am I).

It’s okay. We’ll get there.

In the meantime? No albatross around our necks and $120,000 less debt. Our Net Worth has improved drastically overnight.

Have a great day.

(Technically the court date was Tuesday, Jan. 6th but today is our first full day of being not-homeowners!)

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Cautiously Hopeful (peeking out from under my bed)

The fear is constant.

It’s not a big feeling. Not like hearing your doorknob rattle in the middle of the night no matter how old you are and no matter how many times it happens and no matter how much your brain really knows it’s one of the kids trying to get in because they had a nightmare. My lizard brain always knows for sure that whatever is on the other side of the door is going to kill me. Which makes getting out of bed to help the poor half-asleep child open the door and carry them to the bed one hell of a moment of cognitive dissidence.

It’s a little feeling. Little like the feeling of someone breathing on your arm. Which, if you have someone who manages to breathe on your arm – making your little arm hairs sway just a little every time – starts to drive you insane after a while. I will occasionally find myself covering my arm protectively and snapping, “Stop. Breathing. On. My. Arm. You are driving me insane!”

Of course he responds in the only way I would expect. He looks at me like I’m insane. Who yells about breathing and arm hairs? That’s right. Me.

He’s so lucky.

Job Update Finally My Goodness That Took Forever

Mr. Brickie is at the job today.

Let’s all take a deep breath and have a moment.


*rapture collapse*

I told you about needing paystubs right? How we have to be able to prove income with paystubs in order to move? If things got really sketchy we could also do a letter from a friend or other professional person saaaaaying how much we had made working for them during the course of the year but the woman we really want to be our landlady? Yeah, Mr. Brickie talked to her when he thought he’d be back working in a minute. When our timeline was longer and the house we bought for a steal at $125,000 wasn’t sold for $35,000 last week.

Isn’t it amazing and wonderful and horrifying how fast things can change?

So we can’t go back to this landlady with a different story without looking shady as hell and no one rents to people who seem shady as hell. I haven’t looked on Craigslist to see if the four bedroom is still available. If it was it would still be two weeks until I could apply to rent the property so it wouldn’t make me feel better. I’m going to wait and when he has a second paystub we are going to call the nice lady and tell her we have paystubs and an application and we would love to move thank you so very much.

He will get his second paycheck on November 12th. I’m not sure if we’re still aiming for a December 1st move date.

Court Update

The same paperwork that let us know how much the house sold for at auction (and convinced us this is the only way to buy a house ever from now on) let us know our next court date is 12/30/14. It’s the date where the court finalizes the sale of the house to the investor. The one that starts our last 30-day “time to move now right now” alarm clock ticking. It’s possible if Mr. Brickie goes into the court he can get that date extended a month to 2/28/14 but here’s the catch….

Paystubs for renting a house must be the last two most recent.

So we could decide we weren’t moving until the last possible minute but if weather stopped cooperating and Mr. Brickie was out of work for two weeks due to a blizzard we wouldn’t be able to move.

Fool me once, shame on you. Fool me twice? No way, not going to happen. This paystub thing is going to be a problem ONCE. That’s it.

Our proposed moving date is still December 1st, but it might be earlier. It depends on the deal and the potential landlord/lady, and everything else. Each deal is unique and even though I will sigh wistfully over four bedrooms I’m not married to a house I’ve never stepped in.

I just wish I could give my daughters each a bedroom. It seems it would be an amazing way to take the sting out of having to leave everything familiar. Having one’s own room would be such an upgrade, wouldn’t it?

But even if we have to move somewhere cramped and small for a year, that’s okay.

Changing Web Hosting When I Figure Out How to Not Be Stupid

I’m going to switch to A Simple Orange but I’m trying to figure out the actual switching. I keep reading about ftp and blah blah and I used to be able to work with files but I’m not in that place right now. The breathing on my skin that is the thoughts in my head won’t let me focus like that. I try, trust me, I try and fail many times a day. I get mad and tell myself I WILL get this or that done. I cajole, order, make promises…I’m more stubborn than even I thought.

What I really want to do is just start the new blog and rename this one temporarily so the other one can have the blog name and backdate old entries into the new blog with this name. It seems like it would create a very clean database with no extraneous media or other things and bits that it could live without forever.

A Different Kind of Job Update

A family friend talked to someone at her job who is a bricklayer. He’s a specific kind called a refractory worker. They travel a lot and work a lot.

Today’s downtown job started first so that’s what’s happening now, but Mr. Brickie is still giving the guy a call that the refractory friend of a friend told Mr. Brickie to call for a lead on a job. No one in this house would love it if Mr. Brickie traveled but we are all very good at sucking it up and moving forward. We will give him all the love and support and Skype calls he needs to feel we haven’t forgotten him and we miss him terribly.

That is in the future, however, no need to borrow trouble. A quick story about borrowing trouble would be good here. The way the information was conveyed to us this guy our family friend knows just came back from Williston, ND (the oil boom town) and he was talking about ten guys to a single-wide trailer and other horror stories of the need for workers and the lack of space.

First, HOW have I not heard about this place prior to this?? I read news sites in addition to blogs and games. Lots of them. More than anything else. News is my bread and butter. It is what gets me through the day. Boom town? Nowhere on my radar.

So this whole refractory thing? It’s more of a long term goal after his apprenticeship is over. He is going to ask them if he can work weekends for them in the meantime. It probably won’t happen but they’ll be amazed he asked and that will help them remember him. To get your 80% raise and your 100% raise you have to pass a bricklaying test. If he just went and did refractory work he wouldn’t be learning the skills he needs to pass those tests and become a journeyman.

But we aren’t saying, “No.” for sure and forever to anything. One of the most important things about this part of the journey is being flexible.

Like olympic gymnast flexible.

I am – mostly sometimes every-third-wednesday – up for the challenge!

Mr. Brickie Goes to Chancery Court (May 2014)


Part 1 – The Pre-Court Portion of the Blog Post

The saga of our maybe-foreclosure continues….

Yesterday, Mr. Brickie went downtown and basically dropped in on the legal aid department from Partners In Community Building (they also have a Facebook Page). Luckily, the receptionist was out and the door was answered by the amazing lady-lawyer we talked to the first time we had to file something with the court. (You can read about our first encounter with the young, smart lady lawyer on this post down to the section that says the Helper and the Lawyer.)

She told us we were on the right track and that the thing to do today was to ask for more time to file a response. I thought – all this time – we were filing an answer to the motion they filed last time. I was dead wrong. Even with Google and the plethora of law resources all over the Internet, I was wrong. Thankfully, we asked the lady lawyer and she told us we were going to ask for time to file a response. Considering the lady lawyer remembered our situation exactly when Mr. Brickie saw her again, I am holding out hope the judge recognizes Mr. Brickie as well. Considering the judge thought Mr. Brickie was a lawyer last time he was there (because he’s the only one who bothered to wear a suit and call the judge Your Honor) I think the judge will remember him and that will work in our favor, because the judge knows we are doing our best to follow the process exactly how it is supposed to go.

It helps that we have a new specialist at Citimortgage and they are starting the hardship program all over again. So we have a bunch of documents that need to get into their system by June 4th so they can process everything and decide if they are going to give us a refinance or whatever they call it when they just redo your mortgage. Of course, when they redo it they’re going to add in about $40k in lawyer expenses (the last time I checked) so we would essentially be paying a lot more for the privilege of staying in the same home. It’s a bit confusing. It would be a lot more confusing if I was emotionally invested in this house and was completely blinded to the raw numbers and how that looks.

All this would have such a different look about it if Mr. Brickie were, you know, working. The season starting late is driving us both a little batty. It’s scary and difficult to have faith no matter how much we know there is no reason to despair. It would even look better at court if he just had a few paycheck stubs to throw out there instead of a record of odd jobs and unemployment.

I’ll know later what the overall outcome was at court. His appointment is for 8:45am so he will probably get an early start and be out pretty quickly. Last time he had an 11am court time and he was out pretty quick, too. They schedule people as best they can at Chancery Court, but there are so many foreclosures happening that when we come up with our files and proper etiquette and a plan for what we are doing next, it’s just easier for the judge to give us another court date in 30 days (which, inevitably turns into 90 days because the court is so backed up). That extra three months will give us time to have an appointment with legal aid and have them look over the affidavit I’m sure is a lie from the Citimortgage side. It will give us time to find the proof that they blocked our chance for getting an FHA streamline loan before we ever missed our first payment. It will give us time to print all the emails and show the deceit and lies that were told to us over and over.

We may subpoena the Citimortgage phone records for gems like the call where the guy told me the wrong numbers and then told me he was reading someone else’s numbers and then gave me my numbers which were way more awful. Then I asked him if I could get that in writing to look it over and he promised I would get everything in writing. Of course I did not and when I asked him about it he said we got in writing what we were supposed to get and would not be getting anything else.

I’m not sure how these things help. I really don’t. The only two options I know of are:

  1. Keep the home after getting a loan modification.
  2. Leave the home and start fresh with none of this monkey on our back.

In the beginning I really wanted to just get a loan payment we could afford (we could afford the original loan amount of $975 but over the course of 10 years with a fixed rate loan we were paying $1275 a month. I could never figure out how that happened even calculating escrow. There was also this $75 fee we had every single month. They never explained what it was for and told me it would never go away. I’ve been frustrated for a long time but you just put that to the back of your mind and pay the bill. It’s our house. We paid the bill.

Until we couldn’t.

Now I just have to wait until he gets back from court so I can finish this post with what happened. This is like the pre-court think-aloud portion of the post. There is still a whole post-court part of this I’ll update when he gets home. In the meantime I’m going to go work on another post. The Insurance Bill That Ate My Family. Feel free to read that one when you’re done here if you haven’t.

Part 2 – The Post-Court Portion of the Blog Post

Ooooh…well first of all the big bad lawyer from last time wasn’t there. We were up against the guy with his name on the door the last two court dates and today there was some Junior Attorney instead who didn’t seem to know what was going on.

His 8:45am appointment got him in fourth or fifth to see the judge. First off the judge noticed we didn’t have the head of the legal firm anymore. He totally noticed we were now dealing with a Junior Associate or whatever.

I wish I knew what that meant. It seems like it has to mean something, but maybe it just means the big guy was busy with some other case. *shrug*

They accepted our request for more time to file a response!

The judge wanted to do a straight 30-days until the next court date but Junior Attorney was all, “Your Honor, I can only come in on Fridays.” LOL! So it got pushed out. But the last two times it was supposed to be 30 days exactly it wasn’t so who knows how long it will be until our next “has to be on a Friday” court date happens!

Now the more sketchy not-quite-good but absolutely-not-bad news. We have to file our response by June 10th. If they have a brief reply the mortgage company has until June 24th. Our next court date is 7/11 (Feeling lucky? LOL) The thing is, the last time we were given 30 days, it turned into 90 for the next court date. So that July date might turn into August, September, or October. I’m not sure. We never know the actual next court date until we receive notice in the mail. So we are kind of back to being in limbo like before we got the court date for this meeting.

I know. I repeated myself there. I’m trying to let it all sink into my brain so I can understand what our next best steps are.

So now we have to get the stuff Citimortgage wants to them by June 4th and the stuff has to be filed downtown at the courthouse by June 10th. Plus Mr. Brickie is expecting a call to go in to work any day now.

Things are about to get hectic around here.

The last mortgage payment we made was in August of 2013. We were told to skip three payments so we could apply for the loan modification. It was the worst advice we ever took. So in three months we will have our year-long anniversary of no mortgage payments. It’s still possible to stay here, we just have to file all that paperwork we filed before all over again so they have up to date records of everything.

Mr. Brickie ran into the opposing council in the case and they talked for a bit. The opposing council Jr. Lawyer said to Mr. Brickie that the mortgage company doesn’t tell them anything so they keep showing up and just finding out as they go along. He told Mr. Brickie to email over what we email to the mortgage company because if we are in the middle of negotiations for a modification they aren’t able to proceed with the foreclosure stuff because of that dual-tracking law. So we might be able to go to court less as this goes along.

That would be nice.

Of course as it is right now, we don’t qualify under that dual-tracking law because it’s taken so long to get to this point. But the fact that they started sooner than 120 days might cause some problems. I mean, I don’t know what the outcome of all these problems is…do we just get more time? Is it more court dates? Is it more delays?

It’s confusing.

Unfortunately, if we don’t have paychecks from Mr. Brickie working, the only modification they’re going to offer us is the one where we modify our living arrangements and get out of this house because they don’t care about our savings account. They only care about the income. Not that we would have any savings to show after the next couple days. We have to completely drain it.

So we are still on a tightrope and the best thing I can say about it is either way we have a plan.

You know how I am about planning, though, did you expect I wouldn’t have plans? LOL

But my drained savings account (or, technically, my about-to-be-drained savings account) is for tomorrow’s blog post. Something came up and while we have the money for it, it’s a huge gouge in our finances. (Oh, hey, if you don’t want to miss that story you can put in your email address and hit submit over there on the right and you’ll get my posts right in your email so the next chapter of the story comes right to you!)

Other bad news. My computer totally died yesterday but turning on the air conditioning saved her. I guess she just needs perfect weather conditions to work. I’ve crashed a few times today already but as long as the air is cool she starts back up eventually.

I really need a new computer. Someone needs to set up a GoFundMe for my birthday or something so everyone I know can kick in a few bucks and I can have a computer that works and is reliable. I know it’s a pipe dream – especially because there are so many people with those GoFundMe accounts that are homeless or hungry or doing so much worse than I am – but you know the pipe dreams keep me entertained, and that’s something. 🙂