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Michigan judge denies stay on eviction process for disabled man

Bad news was delivered by Judge Michael Klaeren in the 12th District Circuit court this month to a disabled man who had been fighting eviction from his Napoleon Township home. Fighting the eviction process since 2010, the recent court order to leave his home by the end of August was just another blow of bad luck to the Michigan man.

The 57-year-old man had purchased his home in 2002 and had no problems making payments until a 2005 car accident, which left him severely disabled and wheelchair bound. He was then handed another damaging blow when he lost his teaching job in 2010. Though he was able to make mortgage payments for a little while, he soon fell behind while waiting for his disability benefits to kick in. He says it was at this point that things started to get worse.

He says he tried to make special arrangements with his mortgage company Fannie Mae, but claims that the federal loan giant was unwilling to work with him on his loan. He claimed in court that they refused to modify his loan or offer him forbearance, which would have reduced or suspended his loan payments until he could come up with the necessary money. Although he told Fannie Mae payments would be possible once his Social Security kicked in, he says they still rejected his offer and pushed for eviction.

As he had in the past, the 57-year-old recently tried to request a freeze on the eviction and a relief judgment. Ultimately, Judge Michael Klaeren denied the man’s request, stating that he could see no grounds for a relief judgment and could not allow a court decision that could potentially have bad effects on future cases.

While most lenders are able to work with homeowners in situations like this, readers of our blog know that this is not always the case. But like with eviction proceedings with a landlord, homeowners can take their cases to court, especially if they feel that their lender is exhibiting misconduct. Because of the complexities of a case like this though, having a skilled attorney at your side would be considered a very good idea.

Source: Mlive.com, "Napoleon man disabled in accident loses case to avoid eviction from 'dream home'," Will Forgrave, Aug. 8, 2013

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