After starting down this journey back in 2008, we have finally closed this chapter of our lives. Our home was foreclosed upon on February 25, 2009. We received a 3 day notice to quit on March 17, 2009. Our lawsuit was filed Pro Per on April 3, 2009. The unlawful detainer lawsuit was filed against us on April 22, 2009. The unlawful detainer lawsuit went to trial on June 24, 2009. During trial, I requested a Statement of Decision. On July 6, 2009, the unlawful detainer was decided against us but without a statement of decision. I filed a Writ of Mandate that was not decided until April 2010 which ordered the judge to write a statement of decision.
At that point, the judge ignored the appellate court and issued a decision without writing the statement of decision as required that addressed the controverted issues during trial. I filed an appeal and a writ of supersedeas on July 1, 2010. Meanwhile my civil case continued and after my last demurrer hearing, they decided to settle the case and sell the house back to us if we agreed to dismiss both the civil lawsuit and the unlawful detainer appeal. The agreement required that we close escrow by November 24, 2010.
Well, it took that entire period to get a loaned approved during this time. The bank wanted everything documented and asked for items that before were never required. There were 3 different types of appraisals done on the property as well. The loan finally funded on November 24, 2010 on the date the settlement was supposed to expire. It was finally over right before thanksgiving.
I want to thank all of you for your support and for being there to cheer me on during the ups and downs on this roller coaster ride.
If it wasn’t for Neil Garfield and the LivingLies blog, none of us would have ever had a discussion at all, so thank you Neil. Even though I am done in my case, I will still try to help others if I can and plan on finally starting my legal education to become a lawyer so that I can help more people that need it.
Thank you all again.
Salvatore B. D’Anna