OK

Over the last few years I have been enormously gratified by the support and advice my wife and I have received from the users on this wonderful Blog.

You can read about the fight we have had in these two Diaries.

Well the fight is almost over and we need help. Don't worry, I have no intention of asking anyone for money :)

I'll spell it out below.

Those two previous Diaries show the position as of the last court appearance. The District Judge allowed the bank standing to bring the action, but sent the case to trial on the counter allegation of "unclean hands".

As is common in these many cases, the very idea that Bank of America might have hands that come anywhere close to resembling "clean", is farcical. Even their apparent win on the argument of standing to bring the case is open to appeal. Partly this is because they have still to produce the original Note, or show that any note was transferred legally in Oklahoma.

The problem was that the judge gave us a win on the second part of the action, had she done so on the first part too then there would be no trial as the action brought by the bank would have been dismissed. In Oklahoma, District Court judges are quite loathe to send banks packing and rule for homeowners.

Here is the problem .... We cannot fight this any further in the District Court. We have evidence that the bank committed felonies, in that we have proof that they used a robo-signing outfit to process the paperwork. We could show that they acted in bad faith throughout, that they offered the prospect of a modification but only were we to default, then they failed to come good on the offer but strung us along while they filed foreclosure.

What we cannot do is pay an attorney to gather this evidence, depose witnesses and prepare for a major trial on the facts. Nor do I have the knowledge or ability to manage this pro se ... Would that I had.

In any event, we went into this four years ago wanting nothing more than a modification. We did not seek to wrest the house from the mortgagors, not advantage ourselves in any manner that the bank felt uncomfortable with. All along we followed their directions, and here we are.

So we have to settle this action prior to the next court hearing scheduled for the 4th of February.

What I need before meeting with the attorneys for the bank is some idea of the kind of settlements that people have reached in similar circumstances. What interests rates have been negotiated, which bullshit fees should I hope to have removed from the outstanding balance, and what reduction in the capital amount outstanding has been negotiated by others.

About a year ago we asked our attorney to negotiate such a settlement, which he agreed to do. He didn't do it despite reminders, so now I have to manage this aspect myself. I'm okay with that. This has been ongoing for nearly five years, and I'm tired.

Tired of the bullshit, tired of the lies and quite prepared to be forced out leaving BoA to clear up the mess they created. Because we defaulted, at the bank's suggestion, so long ago, in another 18 months this mortgage will disappear from our credit reports and we would be free and clear.

That is not what we want. This is our home, where we are raising our children and tolerating three cats. We want to stay, but we will only stay on terms that are equitable. The house is not worth anything even close to the outstanding principal, let alone that plus the accrued interest and charges, and we are not coming out of this as the only losers.

If we have to leave, then so be it, but we want to stay if a reasonable deal can be negotiated.

I am simply asking ... What is reasonable?

If you have such an arrangement but are not allowed to say publicly, please use KosMail or ask for my email address.

If you want to tell me that we are "deadbeats", who don't deserve a home any grander than a hole in the road, or maybe a cardboard box, then please don't bother. We have heard it all before.

Thanks guys ... You have come up trumps in the past and offered us a great deal of support.

We will remain eternally grateful regardless of the outcome.

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