Anaheim Family Defends Their Home From Impending Eviction

Categories: Main, Occupy OC
window_sign.jpg
The President is too "preoccupied" getting ready for his big convention shindig...
An eviction notice has been served effective September 2 for the house on the corner of North Ralston Street and Romneya in Anaheim that the Gutierrez-Perez family has called home since 1989. The property could be turned over at any minute, but on this day, belongings aren't being packed up. The family, instead, is digging in deep to defend their home.

Eluteria Gutierrez, whose ten children have all grown up in the house she now stands to lose, had just returned from church hurriedly readying paperwork before leaving for a meeting with a lawyer in Huntington Beach.

"So much hard work, so much effort has gone into this house," says her daughter Rufina Perez, a U.S. Army veteran, one of three in the family to have served in the military. "After all these years of paying the bills right on time, being faithful to the bank, all of sudden the bank pulls the rug from underneath us."

Payments on the home were promptly made until Rufina's grandfather fell gravely ill a few years back and her mother subsequently had to leave to Mexico for two months to be by his side. Upon returning, she contacted her bank to find out how many payments she was behind. Gutierrez's initial check to Litton was rejected as she was told U.S. Bank Litton was now then servicing the loan. There too, her efforts to remedy the situation were rejected. By then, the loan was in default already and was disallowed from being cured. A trustee transfer to U.S. Bank ensued and Ocwen Loan Servicing, LLC is the current servicer of the loan as the eviction process has set in motion.

Eluteria (540x401).jpg
Eluteria Gutierrez with her family and Occupy activists outside her home

After seeking legal assistance to the tune of $40,000 in fees that resulted in nothing, the Gutierrez-Perez family turned to Occupy activists from OC and LA. "We were called by the family regarding this crisis," Carlos Marroquin of Occupy LA says. "They were begging us for help and what has happened here is the family has run out of options." Immediately getting involved, he reviewed all the paperwork pertinent to the eviction at hand.

"She did everything right; the banks did everything wrong," Marroquin concludes. "The trustee sale should be void and the notice of vacancy writ of execution should be voided because it was the bank's fault that she was kept in default."

In addition to protest signs on to the garage door and those planted in the front lawn, a notice has been taped to the front door stating that Quality Loan Service Corp had no legal authority to proceed with the foreclosure, with bold type print reading at the end, "Any parties who proceed with an eviction and the sale is void will be sued for wrongful eviction."

The family is hoping to have a stay of any such action first and foremost. Later, they hope they can resolve the conflict and keep their home.

"We don't want a freebie or anyone to feel sorry for us," Perez states. "All we were ever looking for was for help to get a loan modification so they can adjust the payments so we can keep paying the house that we've always paid for. That's the only thing we've ever wanted was to somehow arrange for us to keep making our payments. We don't understand how that was ever an issue to begin with."

A candle light vigil was held outside their residency last night and Occupy-style encampments as well as other gatherings of community support may soon come next in solidarity with the family.

"Hispanics have been the hardest hit on foreclosures," Marroquin says. "Ever since the crisis started."

Follow OC Weekly on Twitter @ocweekly or on Facebook!
My Voice Nation Help
16 comments
orange777
orange777

M guess is that they kept borrowing on the house to live large. How in the world do you explain owing so much on a house you bought in 1989?  But I guess it is much easier to just blame the banks!

ocgambill1
ocgambill1

From what I am reading several members of this family have served in the military for this country, with that being said why doesn't the family look into getting a VA Home Loan, almost always guaranteed and normally not a lot of money out of pocket plus very reasonable rates, put it this way instead of spending $40,000 on an attorney this should of spent it on getting a VA Loan.......... 

20ftjesus
20ftjesus topcommenter

Some additional information would be helpful: 

1) How much does she owe? 

2)  What is the present value of the house?

 

I'm curious to see how far under water she is.  That may be the reason the bank doesn't want to renegotiate the terms.

-paulc-
-paulc-

US Bank is pretty bad when it comes to CS.  id protest in front of their corp offices in OC...which happen to be on Michelson Drive in Irvine. 

Mitchell_Young
Mitchell_Young

"Hispanics have been the hardest hit on foreclosures," Marroquin says. "Ever since the crisis started."

 

Indeed, because they were the ones taking out NINJA loans the most. 

paganangel
paganangel

 @orange777 Actually it was a house fire which caused $80,000 in damages, a fraudulent refinancing which resulted in the government thinking her interest rate was X while Litton was charging her Y, then claiming that her payments were incomplete payments (even though they were correct according to her invoices), and applying the payments to a "partial payment account" instead of directly to the principle. This led to steadily increasing fees and premiums without recourse.But hey, keep being ignorant about a family with three active-duty service members who have been active members of their community and responsible homeowners for over 24 years. Ugly looks good on you.

juan_carlos_perez777
juan_carlos_perez777

@20ftjesus 600,000 is what the bank wants. 200,000 - 220,000 is what the house is currently worth.

20ftjesus
20ftjesus topcommenter

 @juan_carlos_perez777  Thank you for the reply.  Using your numbers I come up with the following at 5% interest:

$3,439.68 Monthly Payment

$1,238,284.71 Total of 360 Payments

Is the house really worth a 1.2 million bucks to you?

Mitchell_Young
Mitchell_Young

 @gabrielsanroman First the approved racialist organizations like the NAACP and La Raza bitch and moan that 'people of color' can't get loans. Then when banks offer them loans -- usually, btw, sold to them by co-ethnics -- and can't pay them back, they bitch and moan about 'predatory lending'.  It's always YT"s fault.

paganangel
paganangel

 @Mitchell_Young  @juan_carlos_perez777  @20ftjesus refi following a house fire which caused $80k in damages and an out-of-country father requiring extensive eye surgery, both coinciding simultaneously. The refi was also fraudulent, as the company (WMC) lied to her about her interest rate on her statements and filed a different interest rate with the federal government (TILA docs prove). This .55% apr incongruity resulted in each mortgage payment being deemed a "partial payment" which was then subjected to late fees and was not properly applied to the principle on the loan. Instead of working with her, the banks decided to land grab.

paganangel
paganangel

 @Mitchell_Young  @gabrielsanroman Banks and loan brokers were paying their agents extra commissions to trick people (any people) into taking worse loans than they qualified for. It's not a coincidence that the majority of the easy targets were Latinos who spoke poor English. Your response, Mitchell, is a short sighted as it is heartless.

Now Trending

Anaheim Concert Tickets

From the Vault

 

General

Loading...