 |
In these picures, Big Bear and Barbara Jean, nearly a year ago. She worked hard to get this close to him. ~~~ |
Thursday, June 30, 2011
MISSING
Sunday, June 26, 2011
REVERSE FORECLOSURE
We've all heard of reverse mortgages, haven't we? Now, how about a reverse foreclosure?
MY THANKS TO KEVIN UNDERHILL, AUTHOR OF LOWERING THE BAR
To read his blog click on 'Lowering the Bar' under Great Ideas Links in the side-bar.
"Homeowners Foreclose on Bank
It's sad, even if sometimes necessary, when the sheriff's deputy and moving trucks show up to seize assets because of an unpaid debt.
Actually, though, I guess it's not that sad when it's the bank that's getting foreclosed on.
According to this report from Collier County, Florida, Bank of America brought proceedings against Warren and Maureen Nyerges, seeking to foreclose on their home for failing to pay the mortgage. This was a shocking development for the homeowners, especially since they had paid cash for the house and never had a mortgage at all. Apparently unable to convice the bank that it had made a mistake, the homeowners had to endure a year and a half of legal proceedings in order to get the matter resolved. A judge ruled that the bank had to pay the couple's legal fees, but five months later the bank still hadn't paid.
Then the trucks showed up at the local Bank of America branch.
"I instructed the deputy to go in and take desks, computers, copiers, filing cabinets [and] cash in the drawers," said the homeowner's attorney, Todd Allen, who is shown in the video clip smirking like he's probably never smirked before, and for good reason. Allen said he had seen too many cases where banks had been careless. So "[a]s a foreclosure defense attorney," he said, "this is sweet justice."
One can feel at least mildly sorry for the branch manager on duty, who was probably not personally responsible for the mistake but who was confronted with sheriff's deputies saying they were there to take his stuff. "He was visibly shaken," said Allen, who was visibly happy. "Having two sheriff's deputies sitting across your desk, and a lawyer standing behind them, demanding whatever assets are in the bank, can be intimidating. But so is having your home foreclosed on when it wasn't right."
Bank of America later apologized for the delay, although it also blamed that delay on an unidentified "outside attorney" who is no longer practicing law. Whatever the reason for the delay, once the trucks showed up the homeowners had a check within about an hour.
The report doesn't say anything about a counterclaim, so it may be that the homeowners can only recover their fees and costs. The claim that comes to mind is negligent infliction of emotional distress, but it looks like Florida generally only allows such claims if there has also been a physical injury or at least some physical contact. Obviously, though, Mr. Allen is fairly creative. If he comes up with something, and wins, the bank should probably go ahead and pay up."
`
MY THANKS TO KEVIN UNDERHILL, AUTHOR OF LOWERING THE BAR
To read his blog click on 'Lowering the Bar' under Great Ideas Links in the side-bar.
"Homeowners Foreclose on Bank
It's sad, even if sometimes necessary, when the sheriff's deputy and moving trucks show up to seize assets because of an unpaid debt.
Actually, though, I guess it's not that sad when it's the bank that's getting foreclosed on.
According to this report from Collier County, Florida, Bank of America brought proceedings against Warren and Maureen Nyerges, seeking to foreclose on their home for failing to pay the mortgage. This was a shocking development for the homeowners, especially since they had paid cash for the house and never had a mortgage at all. Apparently unable to convice the bank that it had made a mistake, the homeowners had to endure a year and a half of legal proceedings in order to get the matter resolved. A judge ruled that the bank had to pay the couple's legal fees, but five months later the bank still hadn't paid.
Then the trucks showed up at the local Bank of America branch.
"I instructed the deputy to go in and take desks, computers, copiers, filing cabinets [and] cash in the drawers," said the homeowner's attorney, Todd Allen, who is shown in the video clip smirking like he's probably never smirked before, and for good reason. Allen said he had seen too many cases where banks had been careless. So "[a]s a foreclosure defense attorney," he said, "this is sweet justice."
One can feel at least mildly sorry for the branch manager on duty, who was probably not personally responsible for the mistake but who was confronted with sheriff's deputies saying they were there to take his stuff. "He was visibly shaken," said Allen, who was visibly happy. "Having two sheriff's deputies sitting across your desk, and a lawyer standing behind them, demanding whatever assets are in the bank, can be intimidating. But so is having your home foreclosed on when it wasn't right."
Bank of America later apologized for the delay, although it also blamed that delay on an unidentified "outside attorney" who is no longer practicing law. Whatever the reason for the delay, once the trucks showed up the homeowners had a check within about an hour.
The report doesn't say anything about a counterclaim, so it may be that the homeowners can only recover their fees and costs. The claim that comes to mind is negligent infliction of emotional distress, but it looks like Florida generally only allows such claims if there has also been a physical injury or at least some physical contact. Obviously, though, Mr. Allen is fairly creative. If he comes up with something, and wins, the bank should probably go ahead and pay up."
`
~~~From the Blog "Lowering the Bar"
(Written by my favorite lwayer)
Saturday, June 25, 2011
AHH GREAT-GRANDCHILDREN
 |
| Grandaughter Brandy created this gorgeous penguin birthday cake for my great-grandson. |
 |
| Gavyn with his new bike (I heard he was quite anxious to get rid of those training wheels.) |
 |
| Big brother Eyan with Gavyn at a school program. |
 |
| All ready for a hot summer!! Photos by Brandy Peek |
Wednesday, June 22, 2011
TO PAY THE PIPER
Today, I'll share the trials of my oldest son with you. The poem was written many years ago and things have only gotten worse. In the end, I had to force him out of my house. Tough love? Maybe, I know it's tough to do and may never know if it works. Another accident occured and he awaits sentencing. Perhaps a year from now we will know.
TO PAY THE PIPER
A little boy born in the early light
Hurried to grow with all his might.
At first he could sit and then he could crawl
And finally walk, but occasionally fall.
With big sisters about, he was quick to learn
Then trouble appeared with a sudden turn,
A new baby brother was thrust his way,
Too small to even begin to play.
The little boy learned to ride on his trike
And then one day moved up to a bike
And when his big sisters would generously call
He would go riding, and occasionally fall.
When school time arrived, as always it must
He learned how to hunt and he learned how to fish,
At last came the girl and he made his big wish.
But about the time that he got his first car
Ol’ whiskey took over and drug him afar
To places that most of us don’t understand
But still, we were there to lend him a hand,
Even when he would occasionally fall,
And the piper still had to be paid by us all.
There were tickets and wrecks and calls in the night
And bondsmen and lawyers and judges to fight.
Through nights without sleep in hospital rooms
“You can solve it, I’m sure,” his brother assumes.
But, much more than once he’d occasionally fall,
When school time arrived, as always it must
The little boy cried for he couldn’t trust
All the strangers and newness coming his way.
So his Mama reminded him every day,
“Remember your sisters are just down the hall
And every one has to occasionally fall.”
Then little league ball became his big dream
With hope in his heart, he was placed on the team
And play it he did becoming the star,
His coach believing that he would go far.
He made it through chicken pox, flu and braces
His teeth now straight in all the right places.
He learned how to hunt and he learned how to fish,
At last came the girl and he made his big wish.
But about the time that he got his first car
Ol’ whiskey took over and drug him afar
To places that most of us don’t understand
But still, we were there to lend him a hand,
Even when he would occasionally fall,
And the piper still had to be paid by us all.
There were tickets and wrecks and calls in the night
And bondsmen and lawyers and judges to fight.
Through nights without sleep in hospital rooms
“You can solve it, I’m sure,” his brother assumes.
But, much more than once he’d occasionally fall,
And forget the grand promises, one and all.
He married the girl. They were too young to see
The troubles ahead that would certainly be.
So now he’s a man with sons of his own
But the demon inside won’t leave him alone.
Through many long years, it’s been quite a haul
Sometimes we walk and sometimes we crawl.
The boys are all grown and the girl is gone
But the demon’s still there dragging him on.
A little boy born in the early light
Hurried to grow with all his might…
***
***
Subscribe to:
Posts (Atom)