I Won My Eviction Appeal Against BAC!

Christine E. SpringerI have a lot to share with you about this decision, but I can’t do it all in one post because there’s a lot to tell! There’s a long story about how this all unfolded. I haven’t talked about it on the blog, because as I mentioned last fall, I wasn’t sure how it would all unfold.

Last year, I negotiated a Cash for Keys Agreement with BOA to move out of my Arizona property by May 31. I was pretty happy about that, until I found an eviction summons on the ground in front of the property. The Rules, statutes, and case law are all CRYSTAL CLEAR that you must get PERSONAL SERVICE when you file a lawsuit, even an eviction lawsuit.

That didn’t happen, though. I appeared for the initial hearing to contest the service of process, and was told to shut up twice. I wish I had a transcript of this hearing, because it was a circus, with the deck totally stacked against me, the Defendant. It seems like the eviction courts in Arizona operate on the premise that you’re a piece of sh*t if you get sued for eviction. This needs to change! What bothered me even more is that I was correct on the law, and the court ignored me.

The case law is clear that if you do anything except argue the personal jurisdiction argument at the initial hearing, you could waive that defense. I limited my arguments to the personal jurisdiction defense and … read more . . .

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AZ Court of Appeals Decision: Steinberger v. Hon. McVey

I am so excited to share this BIG news, a stunning legal victory for Arizona homeowners from the Arizona Court of Appeals. The case is Steinberger v. McVey ex rel County of Maricopa, Case No. CA-SA12-0087.

I am really excited about this decision, because I audited Ms. Steinberger’s loan documents!

The dust is still settling over this decision, but the main takeaway for now is that a borrower can state a claim for void foreclosure documents, for negligent performance of an undertaking on botched loan modification efforts, and for breach of contract.

Congrats to Barbara Forde and Ms. Steinberger!… read more . . .

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If You’re New to FIN, Welcome! Promo Code Inside!

If You're New to FIN, Welcome! Promo Code Inside! If you are new to my site, welcome and thanks for stopping by and looking around! You might be wondering who I am, and what I do.

My name is Christine Springer, and I am a former paralegal, writer, entrepreneur, and now a strategist. I am very good at taking processes apart and optimizing them so they are more efficient, and to get better results.

I didn’t even know I was good at this until I went to grad school. A professor said, “You already know how to think critically, because you are doing it every day at work. You just need to start applying it to the rest of your life.”

At that time, I was working as a paralegal at Lashly & Baer in St. Louis, and was analyzing cases and their settlement value, but my professor was right: wasn’t applying those skills to the rest of my life and certainly not my grad school work. This conversation with my professor a turning point for me. From there, I got even better at strategy and analysis.

I have an AAS in Paralegal Studies, a BS in Management, and a Masters in International Studies from Washington University in St. Louis. Finishing my MA is perhaps the achievement of which I am the most proud. It changed my life because I learned to think critically and apply my critical thinking skills and strategy to the rest of my life.

The law is my first career love. I have loved the … read more . . .

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Update on Eviction Remand

Update on Eviction RemandI appeared Tuesday before the Justice Court pursuant to a Notice ordering me to appear.

The Notice I received said it was a Bond Disposition hearing, although the “Other Proceedings” box was also checked on the form I received. It turns out that the judge treated it as a bond disposition hearing, despite the other box being checked on the Notice. I hoped to get an award of costs, but it didn’t work that way. More on that later.

My hearing was before Judge Michael Reagan, the main judge in Justice Court. I told him again that I was making a special appearance because I had not been properly served, which was the whole basis of my appeal.

The bank did not show up. Interestingly, he gave them an extra 10 minutes time, and asked me if I knew whether they were going to show up. I am not sure how I would have known the answer to that question. Lawyers are expected to communicate about hearings in civil cases, but this isn’t like a typical civil case.

I told the judge that they did not file a responsive brief, and that I had not spoken with anyone from their office since last spring when I initially filed the appeal.

I am not surprised at all that they did not appear. Why would they? For starters, we’ve seen over and over that the banks in general do what they want when they want to do it.

I have already moved … read more . . .

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Transcript of Eviction Trial Proceedings in BAC v. Springer

Photo of Dictionary Definition of JusticeHere is the transcript of proceedings from my eviction trial. The decision in my case is here and the Appeals Brief I wrote is here.

There are two parts to the transcript, both embedded below. The entire transcript is 32 pages long, double spaced, so it shouldn’t take very long to read it.

I started to add more commentary, but I think the transcript makes it pretty clear what happened at the trial. Now, I’m not perfect, and I would have liked to have been less frustrated, but this was a new experience for me. Anyone who has not been through law school or perhaps practiced law is not taught trial skills. In fact, we’ve all been taught to not question authority. I think it’s obvious that no one expected me to argue back some of my points at trial.

The transcript speaks for itself (no pun intended), so I’m not going to add any more commentary. I will let you draw your own conclusions.

Here’s Part 1:

Part 2:

read more . . .

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The Appeal Brief Filed in My Eviction Action

Foreclosure News & Short Sale Information - Foreclosure Attorney & Pre Foreclosure Experts Discuss Short Sales, Foreclosure Laws & Foreclosure Defense – ForeclosureIndustryNews.comToday I am sharing the Appeals Brief I filed in my eviction appeal.

Case decisions are road maps to successful arguments. I did not reinvent the wheel in my brief arguments. In fact, I looked on the internet for other cases that were like mine to see how they went. Note that I did this BEFORE my hearing and trial, and I had these cases with me to show the judge. I also had a pretty good preview of what would happen on appeal if I lost my arguments at the trial.

The case I looked at was FMLA v. Tietjen. It’s unpublished, so it cannot be cited as precedent, but the cases cited by the Appeals Court in the decision ARE published. Some of them have been around for awhile, which means the law is well established on the issues. Also, if the Court of Appeals followed the law in that eviction action, I felt confident that I was on the right track with my arguments on service of process and could eventually prevail on appeal.

After the initial hearing with the first judge, it was pretty clear to me that I was going to lose at the trial. I was basically going through the motions at trial. Although I hoped the trial judge would rule in my favor, I wasn’t too optimistic.

My reading of the case law was the main reason why I did not object to any of the Plaintiff’s documents or raise any other … read more . . .

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