Orange Family and Their Cancer-Stricken Mother Surprised by Eviction From OC Sheriff Deputies

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norman_koshak.jpg
Norman Koshak
Up in the hills of Orange, residents were walking for exercise, others rode along horse trails, but on Orange Park Boulevard, one family was left locked out of their home. The Koshaks received a morning visit from the Orange County Sheriff Department (OCSD) whose deputies arrived on scene yesterday to carry out a disputed eviction.

The home was in foreclosure, but the family had mounted a civil challenge in court. The day's events were completely unexpected.

"We didn't receive a five-day notice and nothing came in the mail," says Norman Koshak of the OCSD's standard practice. "It was a complete, utter surprise." That made the ordeal all more difficult for Koshak's wife, Helen, who suffers from end stage breast cancer.

"We were told we needed to pack some things because we need to get out of our home. I have medications and supplements that I take and medical records I need," Helen Koshak recounts. "My head was soaking wet. The anxiety of it all made me dizzy and I sat down. My legs got tingly."

Her husband called her doctor who advised Helen to sit down and elevate her feet. The deputies asked if she wanted an ambulance called instead. As a cancer patient Helen Koshak refused due to concerns about the vulnerability of her immune system.

"I used the wheelchair as a walker to leave," Koshak said as she got up woozy. "They had no courtesy of the fact that I wasn't well."

The Koshaks had been living at the residency since 1996. They are parents to two children and own a small business in Anaheim. "I've always provided a roof over their heads," Norman says of his children. "This feels very disturbing to me that this is happening." The family spent last night sleeping in a motel room.

Lenore Albert, the Huntington Beach-based attorney for the family, rushed to the scene of the eviction as soon as she could. "The deputies wouldn't let me get the documents inside the house for the ongoing civil litigation," Albert says. "The attorney from the other side came in and took some of the documents I couldn't get to and carried them off."

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Gabriel San Román / OC Weekly
The wheelchair Helen Koshak used as a walker left behind locked gates.

There was an eviction notice posted to the front gate. The family attorney says that it was put up that day at 2 p.m. On the form "Wednesday" was whited out for the eviction that took place on Tuesday and the "25th" of June was penned in over another whited out section. "OCSD proceeded on the eviction under a court order, a Writ of Possession of Real Property," the Sheriff's Department tells the Weekly. "The Writ was issued on May 22, 2013 and judgment was entered on March 25, 2013."

"I asked to see that very documentation yesterday on-site from the deputies carrying out the eviction and they didn't have it," Albert says.

The OCSD also denies that they failed to give the Koshaks the necessary heads up to vacate. "The 5-day notice was posted on the property on June 10, 2013," they say.

"That only begs more questions that what it answers," Albert responds.

As for the chain of the events that set everything in motion? "We got some loans," Norman Koshak said. "They seemed, on the face of things, not to be so bad, but they were really terrible loans." The couple had suffered some major medical health issues that partly moved them to seek out help. Norman recovered from a brain tumor as his wife's condition vacillated through chemotherapy treatments.

In early August of 2004, court documents show, the Koshaks had entered a loan agreement to the tune of $585,000 at $5,950 per month over five years with an interest rate of 12.6%. It also included a balloon payment of $585,000 due at the end of the fifth year. The lenders, a consortium of OC and LA county residents, recorded a default soon after. They offered a refinanced loan just months later as a cure. The terms of the April 2005 agreement that followed is the source of the dispute.

"It was through the civil case that we discovered there was forged notes," Albert claims. "We went to the Orange County Sheriff's Department and they opened up an investigation," she adds.

"We hired a forensic document examiner who used to work for the Orange County Sheriff's Department. He looked at them and said the signatures were exact and no person can ever sign their name exact twice, much less two people."

According to the attorney, the OCSD reassured the family, promising that no lockout would take place with the investigation still in process.

"The property is in foreclosure, but they had no right to evict us. Somehow they did," Norman Koshak laments. Though they are locked out, the family plans to continue its fight. "Someday, we'll be vindicated."

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30 comments
billyw88
billyw88

LOL freeloaders expecting sympathy from the public when they steal money from people? Yeah right!

teaismimi
teaismimi

@vegandawg23


Actually, there was no valid loan...  so the papers were signed illegally as fraud

melissagotsill
melissagotsill

My prayer's are with this family!! Doesn't suprise me one bit what the Sherriffs did!

teaismimi
teaismimi

@vegandawg23


How dare you! First of all you don't even know the Koshack family... so why bag on them?? I have known them ever since I was little and doubt that "he's trying to steal 500000 dollars from hardworking people on a technicality." Knowing that family over these years I've have learned that they are no where near bad people. So before you talk bad about them you might want to check your facts. Like for example while Norman was recovering from his brain tumor he had to take care of his wife while she battled cancer. And did I mention in the the middle of this they were running a business and raising family.? 

So check your facts first.

catchat01
catchat01

vegandawg23 Who Peed In Your Wheaties??? Obviously the lack of protein compromised your ability to process information. Your obdurate remarks sound like a Gen X. You have a comment for everything yet lack the experience to back it up. I would venture to say that you have never owned a home (even on wheels) so you are incapable of be au fait with the issues in this article. Why don't you go back to your video games and let the grown ups debate this. (sizzzzzz)

 I admire Itpar's optimistic view of the sherriff dept however I know for a fact that the OC Sherriff Dept has made mistakes like this before. In my experience, some of the deputies will actually look at a document and excersise good judgement by verifying it before they act but many of them will not.They are just like sheep "following protocol" and forclosing on someone without the proper documents.  They believe the unbrella of the law will protect them. Sometimes it does but that is chacnging too. 

There are gray areas in all situations. We don't have all of the facts yet but this story definately caught my interest. I wanted to learn more so I called and asked to meet with Mr. Koshak. From what I learned and was able to verify, his story checked out. I also saw some of the documents. They were not lidigiment and will not hold up in court. What I do know is that the Koshaks have been wronged by the OC Sherriff Dept. and I for one would like answers to their behavior. Too many times we let things go when we should be asking Why? This is one of those situations. I hope that others reading this will keep an open mind. You never know, one day it could be you or your family member in this situation. How would you want others to respond? 

ltpar
ltpar topcommenter

Any way you slice the loaf, it is always a tragedy when a family looses their home for whatever reason.  Whether it be bad loan advice and this case smells of that, bad priorities of the home owner, or just plain bad luck, the pain is not any less.  Knowing the Sheriffs Department, I would surmise they followed the letter of the law in administering the foreclosure process knowing their actions would be reviewed under the microscope.  Good luck to the home owners in resolving this matter and getting their life back on track. 

James Gilbert
James Gilbert

House MD Anderson is #! for cancer. UCLA in LA is within the top 10. She might still have a chance. There probably is still a trial drug out there for her.

vegandawg23
vegandawg23 topcommenter

LOL at forged notes. They signed them, got the money, spent it and then didn't pay the lender back and now are trying to steal half a million dollars on a technicality. Sucks they have cancer and it's so expensive to live around here but they shoulda moved to a trailer park in Alabama or something where they coulda bought 20 doublewides for that amount of money and rented them out for passive income.

billyw88
billyw88

@teaismimi wait, who are you and how do you know the "papers were signed illegally"? What papers are we referring to here?

vegandawg23
vegandawg23 topcommenter

Guy got the money didn't he? How the papers were signed is a technicality. This is some bs made up by lawyers . I'm listening though. Explain please. I always apologize and admit my error when I'm wrong about something. If the bank didn't give this guy a dime I'll edit my posts.

vegandawg23
vegandawg23 topcommenter

@teaismimi Look i'm not saying they didn't have a good reason to need the money nor am I saying they blew the money on rims and cans of purple drank. Just saying that a valid loan was made and accepted with the house put up as collateral. That's what a mortgage is. The loan was not repaid and hence the house belongs to the lender. None of this is in dispute. I'm sorry they have cancer and hope they get through it. Doesn't change the facts though. 

vegandawg23
vegandawg23 topcommenter

@catchat01 You're as dense as thenewcomer. They are admitting to getting the loans!!! What about that do you not understand. Again you are talking about technicalities and like liberals with no argument are resorting to ad hominem attacks. Tell me why someone should get a free house and 500 grand because of a robosigned document? You are a bad credit scumbag with no sense of responsibility and want to enable similar people to stick it to a bunch of banks. 

catchat01
catchat01

@ltpar well in this case the Sherriff did not and took forged documents at face value

4hmama
4hmama

@vegandawg23 

Shameful! How can you possibly fault a family for getting a loan to help pay for life saving medical treatments! Every day you hear about predatory loans, it seems they were victims of that! There isn't a person in the world who wouldn't do whatever it takes to save a loved one! They have tried to work it out with the lender....who just wanted to steal their property! Perhaps there is a special trailer park in Hell for judgmental folks such as yourself! 

SickSnale
SickSnale

@vegandawg23 Isn't it remotely possible that the things they are claiming are true? It all seems a little fishy. I am certainly no bleeding heart, but In a case like this, I tend to want to let things play themselves out before I trash some people about something with so many questions. But I'm sure if they are vindicated as the man claims they will be then you'll be first in line to offer an apology.

thenewcomer
thenewcomer

@vegandawg23 @catchat01 You work for the bank, right?  This is how you keep the propaganda going about the "deadbeat" homebuyers, while you steal their assets out from under them.  Not only did you not read the story, you have not bothered to research the facts...you just spout the rhetoric like a parrot - "they want a free house, free house, free house, they are irresponsible, irresponsible, awwrwl...irresponsible."  

There has been no reading or researching or seeking out of facts, just spouting out what you "believe" to be true, in your own imagination.

The facts do not support your conclusions, sir, and while time will reveal that, it doesn't help this couple right now as they struggle to get on with their lives.

vegandawg23
vegandawg23 topcommenter

@4hmama @vegandawg23 It's not their property. The lenders want their money. A contract is made that if you don't pay the loan , they take your property to cover the loan. If you pay then the property is yours again. How would you feel if I borrowed say 2gs from you and said if I didn't pay you back then you could have my car, and then I didn't pay you back and you took my car and I called you a thief? Doesn't feel that great to be called a thief for just doing what was agreed does it? What is wrong with you? Have you no honor? Do you not believe that one needs to honor agreements? Do you also welch on bets? What about borrow money from friends and relatives and then make excuses when it's time to pay them back? You one of those people? If not then why do you think it's okay to do it to a bank? I'm a BOA shareholder and you're not stealing from some inanimate corporation but you're stealing from ME and lots of other people with 401ks or pensions. STOP STEALING FROM ME 4hmama!

vegandawg23
vegandawg23 topcommenter

Apology for what?!? I'm not disputing what he said. He admits to getting the loans. I quote " "We got some loans," Norman Koshak said. "They seemed, on the face of things, not to be so bad, but they were really terrible loans." ". He liked the loans well enough when they gave him the money. He's trying to steal 500000 dollars from hardworking people on a technicality. Some sympathy for the victims is in order. The lenders who got screwed in this case. Value of the loan is alot more than their crap house they already tore the plumbing out of likely.

vegandawg23
vegandawg23 topcommenter

@CrimeShouldNotPay @vegandawg23 @4hmama If I loan you money to buy a car then I can sell the loan to someone else and if you don't pay the loan the person I sold the loan to can take your car. What they teach you in school around here? Person owes the money. They didn't pay. This is not in dispute. Therefore they don't get to keep their house. The person who owns the debt gets it. Doesn't matter if they originally loaned them the money or not. That's a technicality .

CrimeShouldNotPay
CrimeShouldNotPay

@vegandawg23 @4hmama  I did not see anything in the story that stated the people who took title to the property ever loaned a dime to the Koshaks. You are misreading the article.

vegandawg23
vegandawg23 topcommenter

@thenewcomer @vegandawg23 Not to mention the transaction costs and hassle of selling a house realtor fees, broker fees. They'll probably get 300k for the house after all that nonsense. 1/3rd of what the mutually agreed upon loan amount was. 

vegandawg23
vegandawg23 topcommenter

@thenewcomer @vegandawg23 Don't work at a bank. Am a shareholder of many as are most of the readers of this magazine with a 401k. You are appealing to emotion with your servicemen overseas nonsense. If they're in the army and can't pay a loan because they're in Iraq they shouldn't have bought a house. You know nothing newcomer. The terms of the loan the borrower agreed to would have been much more profitable to the banks had the borrower paid them back instead of getting a house to sell. I have no idea what the house was worth but seriously doubt it was worth "5950 per month for 5 years" + a "balloon payment of 585000". Forget tvm let's just add that up. 5950X12X5=357000 plus 585000 equals 942000. I seriously doubt the bank got 942000 dollars for the house when they sold it as a foreclosure. Stop posting nonsense. Go live in a tent and bother people on wall street. 

thenewcomer
thenewcomer

@vegandawg23 - I have recently researched this situation.  I cannot reveal the particulars on a public internet site.  Nevertheless, my information is now a little more direct than yours.

I wonder what you are basing your knee-jerk reaction on?  We have owned several homes in the past, however the fraud that has gone forth on these current loans should have never happened.  

https://www.youtube.com/watch?v=R3Aw_6A7760

Fraud should never be a business model.  There were not over 40 million "deadbeat" homeowners in our country, but because the banks have painted that picture, initially, people bought into it.

Lenders have foreclosed on servicemen who are overseas, firemen, politicians, teachers, I even had a doctor ask me for my attorney's information.  

The couple in this article were cheated, the documentation supports that and the facts, when they come to light, will support that...

Homes have been foreclosed on where no mortgage was even owed.

http://4closurefraud.org/2013/06/20/wells-fargo-sells-womans-house-in-foreclosure-after-she-reinstates-loan-for-141441-81/

You are making a judgment without knowing the facts...or you are a bank employee trying to propagate the fabricated story of the "deadbeat" homebuyer.

The bank does want the stupid houses...they can resell them to investors in bulk.  It has been going on for some time now.  Do a little research.

vegandawg23
vegandawg23 topcommenter

@thenewcomer @vegandawg23 Why should they get to keep their home? It's not theirs anymore it's the bank's. The bank doesn't want those stupid houses. They want their damn money that the borrower agreed to pay. What fraudulent loans?!? You ask me to borrow money and I say I'll loan it to you at 25% interest based on your stated but not verified income and you agree and sign. Where's the fraud?!? These lawsuits are sophistry by liberal ambulance chasers. Financial meltdown is everyone's fault. If you're honest with yourself you'd see that to be the case. Sure the banks shouldn't have lent those folks money. Sure their assumptions were wrong and they paid a price. Not as big a price as they should have paid and i agree. Should people committing fraud (not as lenders but as brokers of these CDOs and ratings agencies not performing their due dilligence) go to jail. Of course they should. Doesn't mean these jerks who borrowed money on their homes should get to keep them though. What about people who want to buy the home at a lower foreclosed value? Why not think of them? Why does the fact that an individual took out a bad loan to buy a house, lived in it, and didn't pay back the loan entitle him to a house more than someone who'd like to buy it on the cheap? Not following your logic here. Why not foreclose? There's hardworking people out there without homes who can pay the mortgage and would like to. Please explain.

thenewcomer
thenewcomer

@vegandawg23 There are plenty of cases out there that show the borrowers were not at fault, not to mention a litany of lawsuits settled in lieu of prosecution proving the lenders collusion.  I prefer to give these people the benefit of a doubt.  Considering the recent B of A affidavits proving their collusion in modification fraud...I am more willing to believe that there is more here than meets the eye.

thenewcomer
thenewcomer

@vegandawg23 by now we have already proven beyond a reasonable doubt the collusion and fraud by the lending industry with regard to our financial meltdown.  It is all over the news and as much as our government and the media tries to bury these stories they keep cropping up.  You and I do not know the circumstances that brought this family to this point.  What we do know is that families like this one are not the ones who issued fraudulent loans and ignored basic underwriting skills to get loans.  Families like this did not design the loan products, nor were they aware of the predatory changes that had slipped through the system.

Having said that, we have to agree that this family took out a loan.  They are not denying that.  Yet we have a multitude of settlements outlining that the lenders need to take responsibility for their part in the financial meltdown by writing modifications and helping people to stay in their homes....and that is what they are NOT doing in spite of the numerous agreements that stated they would.  In fact, as this case points out, rather than working with homebuyers, they are breaking laws...and getting away with in...in order to steal their homes.

If we insist that homebuyers take responsibility for their actions, we should even more insist that these fraudulent lenders take responsibility for theirs!

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