By law the housing court referee judge is not permitted to grant more than a seven-day stay on evictions-only the bank can give the borrower more time, and the bank refused. Had we known that the judge could not give her more time, she might have been able to receive “Cash for Keys” via the realtor–but too late.
Barbara Byrd left Housing Court last Friday to start packing, determined to pursue litigation on her case down the road. She was relieved not to have to trudge down to court after getting off work at 8am, like she has done for months, only to wait long hours for her lawyer to cancel or come downtown with papers to file. There will be no unlawful detainer on her record.
Recap of events after bank foreclosed on her property in 2009:
July 9: Motions and affidavits filed stating that the bank’s foreclosure proceedings were improper
July 9: Motion filed for temporary stay of eviction, which is called a “temporary restraining order” on the bank
July 10: Court receives above motion
July 20: Court hearing on motion reset to Aug.10-supporters alerted
Aug. 10: Court hearing on motion reset to Sept.16-supporters alerted
Sep. 16: Court hearing on motion reset to Oct. 21-supporters alerted
Oct. 21: Supporters gather-Barbara’s lawyer never calls her to report that Judge Alton did not have enough cases that day
to be worth the judge’s while to come in to court to hear them. Tomorrow would be OK though! C’mon back.
Oct. 22: Hearing held. Lawyer presents documents to the court and bank defending lawyer 10 minutes before show time.
Judge furious- case dismissed before lawyer could present her case.
Oct. 23: Her lawyer writes letter to bank’s lawyer stating that she will file a motion for amended findings in order to appeal the dismissal.
Also in the letter he requests that Barbara have 90 more days to move out voluntarily.
Nov.23: We call the bank’s lawyer to find out what’s going on, but of course we are not permitted to speak as only lawyer-to-lawyer
conversations are possible…as Bart would say, “I knew that.”
Jan.-April, 2010: Barbara’s lawyer refuses to talk to us, nor does he answer her calls.
April 7: Barbara receives eviction summons letters from bank, eviction hearing set for Friday, April 23rd.
April 13 Barbara goes to lawyer’s office-he tells her that they cannot win the case–he is done-he’ll return her documents.
April 14 Barbara finally can speak with the bank’s lawyer, but no documents arrive.
April 15 We go to lawyer’s office and wait three hours while he scans documents for his records, & we finally emerge with folder.
April 16 We go to housing court that Friday to request advice from the Volunteer Lawyer’s Network (VLN). After a 2 1/2 hour wait
we are referred to the VLN intake office. Call Monday.”
April 19 We call VLN on Monday-they never received referral from court volunteer lawyer-sorry.
April 23 At housing court we are told that the volunteer lawyer on duty cannot represent her in the courtroom, only advise outside.
Barbara signs seven-day agreement with the bank’s lawyer. Housing court judge grants us the right to speak if the bank approves,
but the bank’s lawyer (guess what) refuses.
THE MINNESOTA FIVE ARE NOW DOWN THREE, TWO TO GO. LESLIE HOPES TO HAVE NEWS THIS WEEK…. LINDA STILL WAITING.
ONLY THE PEOPLE UNITED-IN VAST NUMBERS-CAN TOPPLE A STACKED DECK
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