Help Stop a Foreclosure


My little — okay, not so little; let’s go with “younger” — brother DuWayne is asking people to help a woman save her home from foreclosure. It’s not money that’s needed, it’s signatures on a petition and a phone call to put some pressure on the company that is trying to take the home. Below the fold, his full message. Go to his blog for details.

Please do something more than just signing the petition. This is incredibly time critical. Take a few extra minutes to call the CEO of Ocwen, the new owner of Jacquline Barber’s loan. They are refusing to honor the agreement made by Ally Bank, which was achieved by a previous petition. She is set to be evicted today, so please call immediately. Jacqueline was disabled on the job, a 20 year veteran of the Atlanta PD. She is currently battling cancer and was only recently released from the hospital after procedure on her back. This former police detective was the victim of predatory lending and desperately needs our help.

I know that I post a lot of petitions. The reason I do that is because the issues are important and such petitions are extremely effective – a few seconds of clicking and you are making a real difference. Today I am asking for just a little bit more. Not a lot though. A few minutes of your time, in the hopes that we can make a difference for this woman who lost significant function, while serving and protecting the people of Atlanta. The loss of her home would not only put her, her daughter, and four grandchildren on the streets, it would also accelerate her cancer.

Please, call Ocwen CEO Ronald Faris at 561-682-8560 and tell him to make a deal she can manage, or even to fulfill the agreement made before Ocwen acquired her loan. A few minutes of your day could make the difference between life and death for Jacqueline and homelessness for her daughter and grandchildren.

Sample Script: “Hi, my name is _________ and I’m calling on behalf of Jacquline Barber at 160 Stearman Road in Fayetteville, GA 30214. I understand that Ocwen aquired GMAC in February and will not honor the negotiations that have kept Jacqueline and her family in her home to this point as she undergoes chemotherapy. I demand that you offer Jacqueline and her family a deal they can afford to keep them in their home, and relieve Jacqueline of the stress of eviction while she bravely fights bone cancer.”

Here’s a link to the petition. Time is very short here, so please do this as quickly as you can.

Comments

  1. Ben P says

    I suppose probably the wrong place. But when I see something like that, my reaction is “she needs to file bankruptcy, right now.”

    Bankruptcy filing automatically halts all collection actions, including eviction. Violating the automatic stay is a big deal, and if they do it after being told, they can be on the hook for damages.

    Now, they’d still file with the bankruptcy court for relief from the stay, but (a) it buys time and (b) presuming there’s actually evidence of the agreement or modification, it gives you a chance to get that agreement before the court.

  2. nora says

    Ben P – that was my first thought as well. But then I’m a bankruptcy lawyer (not in GA) and stopping foreclosures is one of the fun things I do.

    Unfortunately, I’ve never seen a mortgage company respond to pleas to be humane.

  3. paul says

    She’s a 20 year veteran of the Atlanta PD.

    Most banks use local law enforcement as “teeth” when forclosing on a house, because otherwise they are just some guys with suits that you don’t have to open the door for if you don’t want to.

    So, if the Atlanta PD didn’t help evict one of their own, this operation could be delayed for who knows how long.

  4. Childermass says

    She had an agreement with the previous owner of the loan? I thought that new owners of loans have to honor such agreements. Does she have it in writing? If such honoring is not a law, it should be. (If the old owner did not mention the actual conditions of the loans when they were sold, then the old owner is the one who should be held responsible.)

  5. Ben P says

    She had an agreement with the previous owner of the loan? I thought that new owners of loans have to honor such agreements. Does she have it in writing? If such honoring is not a law, it should be. (If the old owner did not mention the actual conditions of the loans when they were sold, then the old owner is the one who should be held responsible.)

    I don’t want to impugn her credibility, but in my experience mortgage companies are bastards about this sort of thing.

    The actual written mortgage contract will say that no modifications to the agreement are valid unless they are in writing. My guess is that her deal with the mortgage company was likely a forbearance or some similar agreement and was never reduced to writing. Then Ally sold the mortgage to so and so, they said “well, we don’t see any evidence of a forbearance in the notes, sorry, we don’t know what you’re talking about.”

    And in court, in all honesty, she’d probably lose that fight, unless she has a specific letter from the prior mortgage company confirming the agreement to forbear or change the loan terms.

  6. Childermass says

    People really need to be told that it does not mean a thing until you sign it on the dotted line?

    If Ben P @ 7 is right, she has already lost. Always, always, get it in writing. Especially since this is a mortgage and not lending a friend ten bucks.

  7. adobo says

    Ok, I will sign not only because it is the right thing to do. But also because I really feel sorry for people who have been named “DuWayne”. I think children ought to be allowed to sue their parents for a legacy such as that!

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