Poor John. He is not well right now. Not ill, or hurt, but disappointed in the wrongness that has happened to us in regards to our property (I will explain in a bit.) This morning at breakfast he exclaimed that it was a nightmare that he just could not find a way out of. Then sweet Emerson piped up: "Dad all you need to do is look at your hands, remember you are in charge, and know that your family is near by and we love you and we protect each other." Finally there were some good tears about all of this nonsense.
Here is the deal: First off I really don't talk about our property nightmare because it drags me down, way down. The best thing we have going for us right now (besides our boys of course) is where we live. We manages to find 6.5 acre close to my work, but with lots of privacy and solace. John and I need this. We are not city people. We like the wilderness and we are living in suburbia because it is what is right for our boys. It is not what we want for us, but we are grown ups now and we recognise that our children have needs that at this time cannot be met in the middle of nowhere.
So two years ago we bought our dream place. Yes it was a fixer upper, yes, we had a lot of work to do, but we like that. We are not so into starting with fresh and perfect. We spent a whole month fixing and prepping the house to even be moved into. We have done loads of work on the property to build up our gardens.
Anyway, two years ago, we were sold 6.5 acres. We were shown it, our house was appraised based on this. The county records said, 6.5, the MLS listing said 6.5, our Realtor who is also a surveyor, walked the property lines with us, all 6.5 acres of it.
Then, we discovered when we went to pay our property taxes a few months later that we only received title for 2 of the 6.5 acres. We bought a pie, but we received a doughnut hole. Through a lot of research it turns out that the previous (now dead) owners took a second mortgage on only 2 of the 6.5 acres with Country Wide. Country Wide then went belly up. Bank of America then bought this toxic loan. Then they realized it was a bad deal, so it was offed to Fanny Mae. Fanny Mae, then hired a Realtor to sell the property to get it off their books. Fanny Mae had title to 2 acres, but they chose to sell, list, advertise and receive money for 6.5 acres even though they only owned 2 of the acres. Nobody could know that the property was 2 acres+ 4.5 because of a sweet banking arrangement called MERS. Somehow our every so honest free market capital banking system bought themselves a law saying that forecloses did not need to be recorded when they changed hands from one bank to another. As a result, the average Jo Shmo and real estate professional goes to the county, gives them an address or a lot number and they get the information that was listed the last time a "real person" owns it. (Of course some politicians and the Supreme Court think that corporations are people my friends, so with this logic, banks should have to register property transactions like people.)
So, we bought 6.5 acres, paid for 6.5 acres to Fanny Mae. Our Realtors each made a few thousand dollars off of the sale. The title company charges us an arm and a leg for their services of guaranteeing title and providing title insurance. Yet, we only got 2 acres, while Fanny Mae took our money for 6.5, even though they never even owned the full 6.5 to sell.
Now, because our system serves the 1% not us little people, we have until August 30 to file claim or else these companies and corporations get away with steeling 4.5 acres from us, or the money for it. Really, if you commit real estate fraud and the person you stole from, does not file suit in two years you are off the hook. But, if you steel food from the grocery store, or rob someone there is no limit to when you can get caught. John has talked to all of the players, he has talked to numerous lawyers, but all have lead to no real action. Lots of people have admitted we were wronged, that is sucks, that their organizations did not fully do their jobs. But, no one is willing to say, here is the $50,000 that we stole from you or took from you to do a job we didn't do. Now we are underwater on our mortgage, and feeling suffocated by the pressure of wrong doing.
For me, I am a little bit better about it than John. He has really believed in the good and the ability for people to admit mistakes the whole time. I unfortunately did not have that kind of faith in the common person and especially the corporate world.
It is exhausting being the little powerless person. It stinks to look at the bank account and wonder how we will make it to the next pay day, but then hear that while as a teacher I make less each year, that a new administrator in my district will make 2.5 times more than me and get a $20,000 bonus if he sticks around for three years. Why am I worth so little? I feel, like I make a huge difference for my students. I work my rear end off for the families and kids that I am entrusted with. Our business empowers people to complete a necessary component of living. Food, but still it is not enough for us to buy a lawyer, or a piece of legislation or intimidate those who wronged us to make it right.
For now though, we must find happiness in what we do have. We both have jobs and careers we love. We have two amazing boys we are entrusted to care for and raise. We do get to grown our own food and eat year around from our garden. We have a supportive extended family. And, we have 20 more days to make this wrong right.
You are right - what a nightmare. I'm so sorry you have to deal with this. And it does suck that the banks have become so powerful and indifferent. Hopefully you can find a good lawyer and the threat of a lawsuit will get people to cooperate like they should have out of the goodness of their hearts in the first place. Not to diminish your story - but we are dealing with a nightmare too as this drought has caused our 30 year old foundation to shift so we will need to have piers installed under the house and the back re-graded to the tune of about $15-20,000 or so. Not really what I wanted to spend my savings on... the joys of home ownership. I hope yours resolves better than ours!
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