The 25 Year "Foreclosure from Hell"

01/31/2011

The 25-year 'foreclosure from hell'?

By mounting countless challenges to her foreclosure proceedings — burying her lenders in stacks of legal paperwork — a Florida woman has lived in her home without making a mortgage payment since 1985.
By Robbie Whelan of The Wall Street Journal

Patsy Campbell has not made a payment on her Okeechobee County, Fla., home since October 1985. 
U.S. housing recovery stalls Foreclosure? Not so fast Patsy Campbell could tell you a thing or two about fighting foreclosure. She's been fighting hers for 25 years.

The 71-year-old retired insurance saleswoman has been living in her house, a two-story on a half-acre in a tidy middle-class neighborhood here in central Florida, since 1978. The last time she made a mortgage payment was October 1985.

And yet Campbell has been able to keep her house, protected by a 105-pound pit bull named Dodger and a locked, rusty gate advising visitors to beware of the dog.

"They're not going to take this house," says Campbell. "I intend to stay in this house and maintain it as my residence until I die."

Campbell's foreclosure case has outlasted two marriages, three recessions and four presidents. She has seen seven great-grandchildren born, plum real-estate markets come and go and the ownership of her mortgage change six times. Many Florida real-estate lawyers say it is the longest-lasting foreclosure case they have ever heard of.

The story of how Campbell has managed to avoid both paying her mortgage and losing her home, which is assessed at more than $203,000, is a cautionary tale for lenders that cut corners and followed sloppy practices when originating, processing and servicing mortgages. Lenders are especially vulnerable in the 23 states, including Florida, that require foreclosures to be approved by a judge. (Bing: Which states have judicial foreclosures?)

Campbell has challenged her foreclosure on the grounds that her mortgage was improperly transferred between banks and federal agencies, that lawyers for the bank had waited too long to prosecute the case, that a Florida law shields her from all her creditors and for dozens of other reasons. Once, she questioned whether there really was a debt at all, saying the lender improperly separated the note from the mortgage contract.

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http://realestate.msn.com/article.aspx?cp-documentid=27145486&GT1=35010

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