No Boot For Pro Se Homeowner In Convoluted Foreclosure Eviction Case; Woman Claiming BofA Refused To Talk To Her About Payments Granted Jury Trial

In Centreville, Michigan, WOOD-TV Channel 8 reports:

• The first jury trial in 30 years in an eviction case in St. Joseph County has left home owner Robin Roberts "thrilled." Trials are rare in eviction cases, which usually take a few minutes in front of a judge. But District Judge Jeffrey Middleton Friday agreed to grant her the jury trial as FannieMae tries to evict her from her foreclosed home in Three Rivers.

• Roberts said the trouble started in 2006 when she put a friend who was living with her on the deed to her house and on a new refinance agreement. Something went wrong. "The paper work was done improperly," she said. It left her on the deed as the owner of the property but left her name off the mortgage note. The lender said the now long-gone roomate was the only person named on the mortgage note.

• Roberts learned that only after she got behind on her payments and found that Bank of America -- which had taken over the loan from her first mortgage company, Countrywide -- refused to talk to her about saving her home because she was not on the note. "I was willing to pay," Roberts said, "but then they told me I was not an owner and they would have no discussion with me at all."

• Her house has been foreclosed and sold, and FannieMae, the government-supported mortgage backer, is trying to evict her. She decided to fight in court and asked for a jury trial. In granting the jury trial, Judge Middleton expressed concern that Roberts will be "at a terrible disadvantage" against experienced lawyers. "You need legal representation," he told her, "but you aren't able to get it, through no fault of your own."

• Roberts said she has tried a list of attorneys. Even Legal Aid refused to take her case, something which Judge Middleton found disappointing. "The reason no attorney will take your case," he said, is "this is a convoluted mess and you don't have any money."

For more, see Rare jury trial in foreclosure eviction (First trial of this nature in 30 years).