The Ultimate Bad Day – The Day I Learned I May Lose Our Home

By
Mortgage and Lending with Karen Pierce | Housing Counselor |Oregon NMLS 223305

 

Today was a bad day. A day generating results I really did not expect to have to face. Yeah, I know…”get over it Karen – we ALL have bad days”. I also know that there are many, MANY people out there facing the loss of their home due to circumstances beyond their control. I WORK with and FIGHT for these people every day, but I really did not ever envision finding myself where I am today.

 

Today was the day I learned that justice can be more blind than we could ever possibly envision – the day I learned that our blind judge utilizing a hearing device made the determination that the destabilization and flooding damage we are experiencing at our home was not clearly proven to be a result of the grading,  fill dirt, construction and later deconstruction of the additional dwelling unit on the lot topographically above ours. I learned it is very, VERY difficult to translate a case built to be presented by Presentation Boards and Photographs into words to relay to a judge incapable of seeing them who also struggles to hear your words.

 

Today is the day I know I have done almost all I can do to save our home at 1525 Angelcrest Drive in Medford, OR. My last ditch effort is mediation with our lender to find out if they are willing to reduce our monthly payments and principal balance enough to try to take on this financially devastating work we are facing to protect our home from water coming from above us that we and the geotechnical engineer we hired believe to be the source of the structural cracking and water entering our garage and lower level that we are currently experiencing. I learned we made the mistake of not hiring this geotechnical engineer be our expert witness in small claims court due to financial hardship, relying solely on the report we already paid for, as they were needed to offset the opposing parties’ engineer brought in as expert witness to contradict our report.

 

Today is the day I learned that the forum of social networking and peer group interaction is still not fully understood by many. Their ignorance was NOT my bliss.

 

Today is the day I learned that if you choose the high road you may lose to someone willing to do anything to twist scenarios to back their position regardless the effect on others. If you make the choice to not stoop to their level, you may lose on this earth and have to hold desperately to the belief that in spite of your pain and troubles you have to know the Highest Court will make this right in the end.

 

Today was a day I will work hard to break down in to pieces I can use to help the families in need who come to me seeking guidance and assistance with their fight to keep their family home. I will work hard to learn from this experience. I have to find some positive in this fiasco so I can move on.

 

Today was my bad day. Tomorrow will be better if my prayers are answered.

 

See you out there!

Posted by

Karen Cooper Southern Oregon|California Mortgage ConsultantKaren Pierce - Housing Counselor/Certified Foreclosure Intervention & Default Counselor

               NMLS #223305

ACCESS - "Helping People Help Themselves Since 1976"

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Rainmaker
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Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Karen - WOW!!!  I am so sorry for what is happening to you and your family.  I remember you blogging about this issue before and now it's come to this.  I hope you and your family can find a way out of this.  Keep us posted too.  Have a good weekend too.  :)

May 27, 2011 11:55 PM #1
Ambassador
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Tammy Lankford
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Your Lake Sinclair Expert (706-485-9668)

Karen- Well know that you have my prayers along with yours.  I don't really understand what happened from this post... that caused your water damage.  But I can still feel your pain and understand when you think you will win because you are right and then you don't.  I'll be praying for you, your family and your home.

May 27, 2011 11:56 PM #2
Rainmaker
316,249
Karen Pierce
Karen Pierce | Housing Counselor |Oregon - Medford, OR

Thanks, Donne & Tammy. Appreciate your thoughts and prayers.

May 28, 2011 12:20 AM #3
Rainer
234,262
Doug Bullwinkel
Vitek Mortgage Group - Roseville, CA
NMLS #281609

Life just isn't fair.  There are so many incompetent judges out there and the damage they do is incredible.  I'm sorry for your problems and hope things get better for you soon.

May 28, 2011 12:36 AM #4
Rainmaker
589,762
Jim Hale
ACTIONAGENTS.NET - Eugene, OR
On the Move for You! - Eugene - Springfield Oregon Real Estate

There definitely are many incompetent and utterly biased judges in this state.

The Oregon small claims process is worse than what you see on the TV court shows.  Ten minute limits.  No rebuttal. No attention from the judge.  Terrible.

My advice to anyone:  If it's over a thousand dollars but under the small claims limit, get yourself a lawyer and go after attorney's fees against the other party.

Sounds like this judge should not be in office.

I am so sorry for your troubles.

 

 

 

May 28, 2011 02:52 AM #5
Rainmaker
808,816
Mike Cooper
Winchester Real Estate Sales, Cornerstone Business Group Inc - Winchester, VA
Your Winchester, VA Real Estate Pro

Karen, you're in my prayers.  David often questioned God about the "whys" of life, and yet he was the center of God's focus.  Know that you are in the center of God's focus today, and tomorrow will be a better day.

May 28, 2011 09:34 AM #6
Rainmaker
316,249
Karen Pierce
Karen Pierce | Housing Counselor |Oregon - Medford, OR
Thanks, Mike. That is a very comforting thought.
May 28, 2011 03:03 PM #7
Rainmaker
316,249
Karen Pierce
Karen Pierce | Housing Counselor |Oregon - Medford, OR
Hi Doug - we are very disappointed about this outcome. Thanks for your kind sentiments.
May 28, 2011 03:14 PM #9
Rainmaker
147,122
Krista Laulainen
Realty Trust Group - Portland, OR
Portland - Homes & Real Estate for Sale

It does suck in all ways.  sad part is those two have a history

Jun 01, 2011 02:05 PM #10
Rainer
151,803
Anna Tolstoy
Coldwell Banker Residential Brokerage - Natick, MA

Karen, I wish I could do something to help, but I'm in MA, and you are in OR... Well, you can always email or call me if you just need a friendly ear...

Jun 05, 2011 10:30 PM #11
Rainmaker
316,249
Karen Pierce
Karen Pierce | Housing Counselor |Oregon - Medford, OR

In re-reading this post today, I can't believe it has been more than a year and so many other challenges after this with divorce and other court issues related to that now. I thank God the Trustee Sale finally took place on 6/6/2012 on this property at 1525 Angelcrest after three filings. I sure hope the future owners fullly inspect this property and go in with eyes wide open, as the uphill battle to date was not addressed.

Jun 25, 2012 02:26 PM #12
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Rainmaker
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Karen Pierce

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