A Psychological Test?

“Nice touch counselor - on trying to have the judge do a psych test on me”, I told Susan Angell, my brother’s attorney, as we entered the courtroom. I had filed an Ex-Parte Motion to try to get Judge Banks to give me standing on the property that my brother and I are disputing about. On her reply, she opposed the motion and asked that I have a psychological test to evaluate my capacity to represent myself. Naturally, that was denied.

This matter came in front of Judge Banks after I discovered that a “Notice of Default” had been filed on the property, which means that it is the process of foreclosure. The original dispute is based on property rights. My brother claims that I was merely a renter. I claim that I had an oral agreement with him giving me standing as a partner. My claim is supported by cancelled checks that showed I paid for the mortgage, property taxes, association fees, landscaping, hardscaping and other improvements – things that only a homeowner will pay.

The hearing was at 8:45AM at Department C-6. Going in, I knew that I had a very slim chance of getting the judge to rule in my favor because to do so may encroach on the legal rights of the lien holder (Countrywide Home Loans). It was a desperate attempt because a foreclosure action is already in full swing and time is running out. The answer from Judge Banks was “the motion is denied”.

The ruling was certainly a setback but not entirely unexpected. I had to eliminate that option as I’ve been hesitating filing suit against Countrywide Home Loans because of the resources that I will have to marshal. My war chest is down to a bare bones minimum and related expenses usually extracts from my other needs. But the decision was inevitable. I have to file a case against Countrywide Home Loans – something I wish I didn’t have to do.

There were a couple of things I discovered that allows me to file claim against Countrywide Home Loans. First, I came into possession of an email that repeats a statement from Countrywide Home Loans to the effect that I exercised predatory lending practices on a particular loan that is now a subject to dispute. What they failed to state was that the loan that they were referring to was brokered to Countrywide Home Loans and was duly underwritten and funded by their wholesale division. Because of these statements, I was deprived a commission on a deal I had co-originated with First Team Realty.

So, by next week, I will petition the court to add Countrywide Home Loans as a Defendant together with First Team Realty.