UPDATE: HOMEOWNER VICTORY IN MICHIGAN

A couple days late with this update, but it’s such great news, I gotta share anyway!

If you read the story “All Hands On Deck: Fighter Served Eviction Papers” from Tuesday, you know that Michigan homeowner KathyJo Torrenga faced eviction from her family home by the “foreclosure Death Star” of Republican Congressional candidate Dave Trott.

In true David and Goliath fashion however, Torrenga got a cease and desist order against the would-be eviction, proving the obvious–you can’t win if you don’t fight. Put another way, you will lose if you don’t fight. And of course, resistance is victory.

Torrenga provided some details of what went down in court on Wednesday, July 9 in an email interview…

LRM: The judge granted you a cease and desist against the entity who wanted to evict you, correct?

Torrenga: Yes.

LRM: On what grounds?

Torrenga: I asked for a copy of retainer between him and the purported plaintiff, his jaw dropped. I also told the judge that I question the validity of each and every document from the broker application, the purported originals, until the notice of eviction.

I mentioned that he was the first consult I had, back in early 2011. Of course he said, “I don’t know her.” I said, “I’m sure you don’t.” Conflict.

Then he admittedly told her Honor that he is plaintiff, DAVID GASSMAN, the investor/realty called Apple Realty, local, less than 2 miles away, so I pointed out, (and she was pissed already), that can’t be right. It says FocusRE LLC, she asked plaintiffs attorney where this Focus RE LLC came from, he told her, “Outta California.” Pretty much all he had to say. He rolled his eyes and wasn’t happy at all.

She explained the redemption period in Michigan, I just told her I didn’t know what to do besides pay my property taxes and homeowners insurance. I had already put a cloud over it, titles it, “Notice of intent to defend.”

Along with the affidavits showing the 5 forged purported AOMs (assignments of mortgage), backed with the affidavits from Register John O’Brien’s office, placing a cloud over the title. I told her we hadn’t missed a payment in 20 yrs. When this began.

I believe she began to sympathize a little bit when I told her that my own daughter moved out due to the constant harassment and one physical assault. On their part.

So, she gave me 30 days to go thru Legal Aid and should get a public defender, since I’m on defense still. The purported plaintiffs should have done a little homework before taking in cases like this…he left there really angry. Rolling his eyes, hubby says, on his way out. LOL

LRM: You represented yourself?

Torrenga: Yes, the plaintiffs so-called attorney called it “pro per”–I acted like I didn’t know what it meant. I stated that I am defending my home and property. I just looked at the judge’s eyes. She knew what was up. She brought up the fact that I definitely have a case and asked if I looked into a class action. Mind you, I hadn’t mentioned Trott to the judge. But I did say something to the plaintiffs purported attorney.

LRM: Did you sense that the judge was fair?

Torrenga: Yes, the judge was very patient, enough for me to break it down to a short summary, stating what I believe to the judge about the validity of the documents, the signature. Yes, she (the judge) was good.

LRM: Where does it go from here?

Torrenga: I’ll see what they have to offer. I’ll let the judge decide–I believe they’ll want to settle. I did mention that the note had been sold 10 times over. She said this isn’t the court to hear things. That I deserved to be heard. Probably federal. I’m assuming. She also asked if I had looked into a class action because she heard about a couple. I didn’t say anything to that.

LRM: Will you sue the bank or Dave Trott or some other party?

Torrenga: Yes, I intend to begin with Trott. Just putting together some loose ends on the proof. Especially his SEC filings after his foreclosure dept/mill filed BK in March, this year.

LRM: Do you have an attorney or plan to get one?

Torrenga: I plan to consult, or interview some from Legal Aid but I may have a really good one that is intrigued by our case.

LRM: Anything else that you feel is important?

Torrenga: Yes. This journey isn’t all about a house, but for the people we’ve met, the support, like family, and will always be a part of my life, my heart, and my family. And that I’m not doing this for only me. I want justice for us all. I am not guilty of anything. Never missed any payment in 20+ years and actually had one sent back by the purported servicer who we assume was the purported original lender!