90-Year Old Tenant Dodges Foreclosure Boot; Court Holds BofA To Remaining 3.5 Years On Lease, Sinking Bankster's Effort To Disregard Federal Law

In Porterville, California, the Porterville Recorder reports:

• Eve Ball is going to stay in her home after all. Local attorney Alex Krase said last week that the 90-year-old resident won her case against Bank of the America and got a court order that will allow her to stay in her home until October of 2015.
  
  
• “I think it was the right outcome. I’m happy she gets to stay,” said Krase. Judge Glade Roper made his ruling April 25 and Bank of America had five days in which to appeal. It did not. “We know it’s final now,” said the young attorney.
  
  
• Eve Ball has lived in the two-bedroom, one-bathroom home on Road 223 for 11 years. She has three and a half years remaining on her lease, but then got an eviction notice from the large bank. “It’s quite a relief. She’s pretty excited about it,” said her son, Barry Ball.
  
  
• According to records, the bank seized possession of the property late last year after the previous property owner foreclosed. Barry Ball had purchased the property — which includes two other small homes and a total of about one quarter of an acre of land — in 2002 but sold it three years later.
  
  
• In 2005, the son negotiated with the new owner a 10-year lease for his mother to continue living in the home. The lease, which is set to expire in October 2015, has her paying $425 a month in rent.
  
  
• Last October, Eve Ball received a letter from Bank of America informing her that the property owner had foreclosed. She was told to contact the bank immediately if she had a lease. She did, sending a copy of the escrow papers and asking the bank’s attorneys where she could send her payments.
  
  
• According to Barry Ball, his mother did not hear back from the bank until January, when she was served with an eviction notice. Barry Ball said a section in the Protecting Tenants at Foreclosure Act of 2009 should allow his mother to keep her lease because it was agreed upon before foreclosure and she is not related to the previous property owner. Krase said that is true, but what made the case a big sticky is she had a verbal lease.
  
  
• Krase had sought to have Eve Ball stay in her home until the law sunsets on Dec. 31, 2014, but was pleased the judge gave the extra 10 months. “The client is happy. She just wants to stay in her home,” said Krase. “That’s the most important part. She doesn’t have to worry any more,” added her son. He said she is glad to remain with her rose garden she planted.

For the story, see 90-year-old woman wins eviction case.