In the ongoing battle to keep her home, there was a critical victory this week (November 27) with the judge placing the burden of proof on Freddie Mac. (Updated note: Action will be in Hayward: Monday Dec 3, click here for more details)

Nell Myhand, CJJC Homeowner Clinic Coordinator, applied for a loan modification and was turned down three times by Chase Bank.

Freddie Mac — who bought the house from Chase at auction — is trying to evict her, but Nell is determined that her she will remain in her home and continue to fight for an affordable mortgage.

Freddie Mac served her with an Unlawful Detainer. With a trial date set for early December, she and Michelle Kuhlman who is a lawyer representing her, have been preparing.

In the meantime, Freddie Mac filed a motion for summary judgment asking the judge to grant the order to evict based on only the sketchiest evidence.

The hearing was held on Tuesday, November 27. At the hearing, Freddie Mac argued that there was no reason for a trial because they have the note; a trustee’s deed proving they bought the house at auction; and a 3-day notice to vacate. However, Attorney Kuhlman argued that the trustee on the note was different from the trustee at sale and that Freddie Mac has the burden to prove that the trustee at sale was authorized by showing the chain of possession of the title — which they had not done.

Judge Grillo agreed and rejected their motion for summary judgement! Not the final victory, but a critical one.

Nell says “I am very happy to have established that I will not be bullied or bulldozed out of my home of 12 years when I should have been granted a loan modification by Chase Bank.”

She added, “I am humbled and filled with gratitude to have so much support in this fight my home. It shows the power of us coming together across issues, identity and other things that have been used to divide us but we are turning them into our strength”

On Monday, December 3, at 9am CJJC, Global Women’s Strike, Haiti Action Committee, International Jewish Anti-Zionist network, a host of friends and family are calling for a press conference and rally on the court house steps where the auction took place to send a message to Freddie Mac that we are here to take our houses back! Why? Because we need our homes more than the Big Banks/ Freddie or Fannie need one more.

Join us for a press conference and rally at Nell’s trial, Monday Dec., 3.

What: Rally for Nell and Sinthya’s home!

When: Monday, December 3rd, 8:45AM

Where: HAYWARD County courthouse steps, 24405 Amador Street in Hayward

Why? Because we need our homes more than Big Banks, Freddie or Fannie need one more!