Seven-year battle ends with family's eviction

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Seven-year battle ends with family’s eviction

Seven-year battle ends with family’s eviction

Newburyportnews-

After a seven-year foreclosure fight and a half-dozen eviction attempts, the owner of 2-4 Dufton Road finally was removed from his partially boarded-up property yesterday under the watchful eyes of local police and deputies from the Essex County Sheriff’s Department.

Joe Boyer, who has lived in the residence with his wife and two daughters since 1988, originally was foreclosed on in 2008. He fought the eviction through the courts, winning appeal after appeal. Most recently, he filed a bankruptcy claim, which also delayed eviction. The town, meanwhile, sought to have the exterior of the property cleaned up, as neighbors complained about blight.

The bankruptcy claim, however, recently was discharged and the latest eviction appeal was rejected by a judge yesterday morning.

[NEWSBURYPORTNEWS]

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2 Responses to “Seven-year battle ends with family’s eviction”

  1. Dave Krieger says:

    When I read the word “trailer” in the news story, I’m thinking “mobile home” here. Mobile homes represent the least expensive means to survive in America.

    While I was writing the book Clouded Titles, I was rehabbing a single-wide. When I finally posted it on Craigslist in 2012, I had converted it into a showplace. I bought the 16×80 for $9000 and spent another $7000 converting it into a nice place on 3/4-acre, which was featured on this website when I posted, “Clear Title” in the ad heading. Mobile homes are great devices to utilize when you are “regrouping”, which I took time out to enjoy the peace and quiet of country living. My land payments were $222 a month. I got quite the return when I sold the property!

    I have to emphasize this because this fellow had SEVEN YEARS to turn his life (and his family’s life) around. Rather than being resourceful and regrouping, which Americans SHOULD BE DOING if they are going to survive, he spent more time in the courts delaying foreclosure, studying the ways of the Constitutionalist movement, which does NOT work when you are in an administrative venue (contracts). Again, I maintain Art. 1 §10 Cl. 1 of the Constitution: “The obligation of a contract shall not be impaired.” If he signed a contract with a lender, then he is NOT in a constitutional forum, he is in an administrative Article 1 forum.

    I personally would have used that 7 years to find another part of the country that could support a new job and a new lifestyle. With kids involved, I would have made every effort to locate new employment that would support a family, even if it meant having a garage sale and moving 1,000 miles away. Instead, he stayed put and even filed bankruptcy, which has now stained his credit report for 10 years.

    I do NOT advocate filing bankruptcy unless you have a ton of unsecured debt floating around you want to get rid of. Bankruptcy is for life reorganization, not delaying foreclosure. I don’t care what attorneys tell you. This is the second wave of foreclosure fraud … filing bankruptcy when the home is all you’re trying to protect and nothing else. You either have the money to wage a court fight or you don’t.

    Why many Americans have to be so stubborn and clingy to material possessions is beyond me, especially when you have children to support. I do not know this fellow’s income stream, but considering the boarded up blight situation the neighbors were complaining about, I would not be surprised to learn this fellow (even at this point) was living way beyond his means in an area of the country (the Northeast U.S.) where you have to be making a substantial amount of money to survive (the closer you are to Greenwich and NYC, the more you have to make to survive).

    Let’s face it, Rhode Island is NOT the cheapest place to live. Mr. Boyer had a number of years to explore options. Mr. Boyer obviously did not explore his options. Now he is being forced to do just that. I do feel sorry for his children. They are learning a hard lesson … BUT, if they have their eyes and ears open, they will soon come to understand why their dad made the decisions he did. You are known by the choices you make. Make good choices!

  2. K. Fisher says:

    Mr. Krieger,

    Are you aware of ALL of Mr. Boyer’s circumstances? His health? The nature of his foreclosure? Whether or not the bank committed a fraudulent foreclosure? His whole financial situation? There are MANY details in each and every foreclosure that takes place in this country. I think it is unfair to assume that Mr. Boyer was in a position to up and move his family to a different part of the country. We do not know all the minute details of Mr. Boyer’s situation.

    I too have recently fought an illegal foreclosure on my home. I fought for 8 years. I am not some bum that just stopped paying my mortgage for the heck of it. I was preyed upon by two separate banks….predatory banks that are no longer in business due to their corrupt practices. Now my beloved home that I have lived in for 19 years has been foreclosed. The chain of title is broken (speaking of clear titles) and more fraudulent documentation must be filed in order to correct the broken chain of title. It’s truly disastrous. I could write a book about my personal situation also.

    So, before we pass judgement on others or suggest things that simply may not fit that person’s lifestyle, maybe we should step back and recognize one very important fact….we don’t know all the facts.

    I am very happy to hear that your investment and hard work provided a nice return. After all, that is what we are all striving for (most of us anyway).

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