The Foreclosure Defense Group of Occupy Nevada County is celebrating a victory for the group following Monday’s action of Nevada County Superior court Judge Sean Dowling and his stay of an eviction order for a Wildwood couple fighting to stay in their home.
Billi Vogan and Lee Traupel invested $100,000 to buy their Penn Valley home in 2004. They paid their conventional mortgage for 6 years, but in 2010 their income was reduced and they applied for a loan modification. Thus began a long and convoluted process that resulted in their home being foreclosed last November. The couple currently has a case pending in Federal Court against US Bank and Wells Fargo charging that this was an unlawful foreclosure. Wells Fargo lawyers sought to have the case dismissed, but the federal judge declined to dismiss and found ten of the causes against Wells Fargo to be valid. Billi Vogan believes Judge Dowling granted the stay because of the facts presented in the open Federal case.
Judge Dowling, in addition to granting the stay also ordered the couple to pay rent in the amount of $22 hundred dollars a month, not as rent but as security to the plaintiffs, the banks in this case and the couple agreed. Billi Vogan says this has been the toughest battle of her life and it isn’t over.
The couple will be able to stay in the home until their case is settled.