Fannie and Citi promised not to take Rose to court today. They lied. See Rose's update below.
Stay tuned for action alerts as we amp up the pressure on Fannie and Citi. Meanwhile, please sign and share Rose's petition: http://start2.occupyourhomes.org/petitions/don-t-evict-me-from-my-home-of-20-years
Greetings Everyone and thanks for your continued overwhelming support. Many of you know that this whole ordeal has shortened my patience for non-sense. When you read my attorney's comments below, I'm sure many of you will wonder - what the hell? We have a 10,000 signed petition out there in the world and we're about to ramp it up!!! Not only have I been "dual tracked" once...looks like I'm being dual tracked again. I know God's got this. Therefore, I SHALL CONTINUE TO FIGHT!
I have a pretty long history with Fannie Mae at this point. Long enough to know that it has no qualms about wasting everybody's time in eviction actions.
Despite our agreement, Fannie elected to proceed in the eviction matter. I had been working with opposing counsel for a week and a half to confirm that the hearing set for today was going to be cancelled. I received an e-mail from opposing counsel stating that both Citi and Fannie were in agreement that the hearing should be cancelled, and to wait for confirmation from counsel in the eviction matter. I received a phone call from eviction counsel at 4:10 yesterday stating that his instructions from Fannie was to proceed with today's hearing. Apparently, the agreement was useless.
I'm particularly upset at how this all came to be. The error in your case is extremely clear-cut, to the point where foreclosure counsel sent you a letter dated July 23, 2012 admitting that it did not provide you with accurate foreclosure notices. I can't think of any good-faith reason Fannie could possibly have for trying to proceed with this eviction. This feeling is only multiplied by the broken agreement to hold off all litigation.
This appears to be a case of left hand not knowing what the right hand is doing or a case of the left hand not caring what the right hand is doing. In any case, the end result is the same and we continue to get pulled around.
A decision in the eviction hearing could come down at any time in the next 90 days. The judge is not deciding whether to evict you or not - he is considering the motion to stay the eviction proceedings or consolidate it with the primary action. Even if the judge denies the motion (which would leave grounds to appeal), you could still potentially avoid eviction. But there is still a lot of guesswork that goes into the possible outcomes at this stage.