Anaheim Family Wins Eviction Stay and Loan Modification for Their Wrongfully Foreclosed Home!

Categories: Main, Occupy OC
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Perez family home
As gazes were fixated on the space shuttle Endeavour flight in the skies above, the Gutierrez-Perez family and their Occupy allies announced a key victory this morning in the struggle to keep their Anaheim home.

Earlier this month, an eviction notice was served effective September 2 on their residency on the corner of Ralston Street and Romneya Drive, but almost three weeks later no members of the Orange County Sheriffs Department have come to carry it out.

Hopefully, after new developments have surfaced, they never will.

"Occupy LA, Occupy Whittier and Occupy Anaheim mobilized and occupied this home for almost two weeks," Carlos Marroquin of Occupy LA said this morning during a press conference held on the lawn of the house. "We engaged with U.S. Bank representatives and Ocwen financial services. Yesterday we learned, after several days of contacting officials with both financial institutions, that they are no longer interested in evicting this family," he added.

"They sent a loan modification package and have decided to work with the family to keep them in their home."

Ocwen Loan Servicing, LLC, as servicers of the loan, promises that a letter regarding a stay on eviction will be forthcoming shortly. With the news, there was a palpable sense of excitement and relief among family members.

"We are very happy, thank God, that the bank is going to do a modification," Eluteria Gutierrez told the Weekly as she also thanked Occupy activists for their help. "I'm going to be able to return to making my house payments and living peacefully. We are going to try to forget this nightmare."

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gabriel san roman / OC Weekly
Occupy fights foreclosures...and wins!

In the course of the struggle, Occupy activists also decided to examine how widespread this issue was above and beyond the Ralston Street home. According to their research of the 92801 zip code where it resides, there are 716 other houses in default and 200 in foreclosure in the predominately Latino area of the city.

"We feel such a relief that the bank has now agreed to give us a loan modification, but this fight is far from over," said Rufina Perez, a U.S. Army vet who lives at the home. "We still want to support our community to show other people, 'don't be afraid if you're going through this, you're not the only one.'"

She ended her statement by noting that both the family and activists are planning on attending the Anaheim city council meeting this Tuesday in order to address the larger issue of the ongoing housing crisis inviting anyone in solidarity to join with them. 

"This case is a very important victory. It shows that you can fight back and win," city council candidate Duane Roberts declared, bringing the press conference to a close. "Hopefully this will provide an inspiration for hundreds of other homeowners, not only just in this zip code, but throughout Anaheim."

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7 comments
Mitchell_Young
Mitchell_Young

"According to their research of the 92801 zip code where it resides, there are 716 other houses in default and 200 in foreclosure in the predominately Latino area of the city. "

 

What a surprise. $40,000 tricked out F-150s, $20,000 quinceaneras, but can't pay the hipoteca. 

20ftjesus
20ftjesus topcommenter

The last time we chatted, the bank was owed $600k on a house worth ~$200k.  I'm curious to know what are the new terms:  balance, interest rate, fixed or variable, and term. 

gabrielsanroman
gabrielsanroman topcommenter

 @20ftjesus What the terms of the loan modification will be is an important question. The family has support that has gotten them this far in shifting the discussion away from impending eviction. I'm sure that they'll be on the look out for a bad deal should it come their way, too. We'll be.

20ftjesus
20ftjesus topcommenter

 @gabrielsanroman Well, let's say the bank forgives $100k.  Debt now equals $500k @ say an impossible rate of 3.5%.

A 30 year loan will still equal:

$2,766.06 Monthly Payment

$995,780.44 Total of 360 Payments

Do they really want a $200k house for $1 million???

I'm curious to hear what you think is a good deal.

Mitchell_Young
Mitchell_Young

 @paganangel  @20ftjesus  @gabrielsanroman Paganangel

 

Somehow this family got into a reported $600,000 dollars in debt in a house they bought long before the real estate run up of the 1990s and 2000s. An $80,000 dollar fire doesn't begin to cover that kind of 'underwater-ness'. The only thing possible is a larger refi, which the family then spent. When they spent that money they didn't have, they drove up the costs of various goods and services for all of us. Now, they are getting to have their cake, and whatever other goodies they bought with that $300,000 -$400,000 dollars, and eat it (or live in it) too. But there are unseen victims --- all of us who will have to pay more in the future to borrow money due to banks need to make up their losses. Also there is a deserving family out there that is denied a house being sold because these free loaders still get to 'own' it.

paganangel
paganangel

 @20ftjesus  @gabrielsanroman 20ft, we'll never hear the terms of the deal, since those will be confidential and gag ordered. What we think is 'good' is meaningless, since the terms of their settlement and the amount of money they're willing to pay for their home is none of our business.

 

What I can say is, your figures are not accurate, in that they demonstrate a misunderstanding of p=e^rt, you call "impossible" that which definitely is not, and there's no 'forgiveness' in principle reduction. It's simply an adjustment of the principle to reflect fair market value at the present moment.

 

You have NO IDEA what these deals can look like once they're done; if you had ever been at the bargaining table with these guys you would not be so glib about any of this.

 

You demonstrate a spectacular inability to comprehend the fact that this family just wants to stay in their home and enjoy the same neighbors, community, and stability which has been threatened for years.

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