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Community Voices: California Declared Homestead Law Failures Leads to Senior Citizen to become Homeless

Help!

Help! (Photo credit: Rainier N.)

Dear Editor:

For the benefit of those who did not read my original story I will go over the major facts.

This involves the California  Declared  Homestead  Law which is supposed to protect our homes from frivolous liens.  In my case, my  home had been  declared  (meaning recorded) since 1981)  but  Judge Mark Houle, actually auctioned it off for a lien put on by the Homeowners’ Association attorney, Peter Racobs.

This lien is not a secured debt, as I did not owe any assessments to the Association. See Cal. Code of Civ. Proc. §§ 703.010(b), 704.940.  It is for his fees only which he originally claimed $70,000 as the Prevailing Party when my co-plaintiff and I dismissed the law suit since  he would not allow the defendants to do discovery.  It had been set for Trial by judge Cunnison anyway?????

This lien is under a Marion Niklicborg, a board member, and not under the association’s name or their attorney’s name.The Association is not a part of my bankruptcy filed  11/08/2007. I did not owe any assessments

In  March of 2001, my husband passed away and I substituted  his name on the Deed with a brother who lives in Greece.  Nothing transferred.  This was done to protect me from probate.  The  Deed was sent to be recorded and got stamped but was not given a docket number so the trustee calls it a Fraudulent transfer and says this now belongs to him.  Why would I send it to be recorded the same date as the Affidavit of Death?  When I could think clearer, on October 4, 2001  I put the house in a Living Trust which changed my title from a widow to Trustee of the Theodora Sheldon Trust, so the original deed became invalid as of 10-4-2001. The home has remained in the Trust with no changes.

The home was sold by Judge Mark Houle on 12/12/2012  who held an auction  in his chambers for two people brought in by the Trustee.  The Trustee had shown the home just hours before the hearing to the second buyer.

Some technical legalities were NOT covered by this sale.

As of  12-6-2013 I have not received a penny from my all paid off home since 2002.  (Cal. Code of Civ. Proc. §704.995.) states that if  the home was the principal residence  of the surviving spouse  the deceased’s interest passes to the spouse and/or a family member(s).

I am HOMELESS and have not received a penny but  FRANKLIN ADAMS, atty. for Robert Whitmore wants to surcharge me for resisting them and trying to keep my home

Please voice your opinions as this is ruining my well planned life for my SR. years.  I need a place to live and all the LEGAL help in the world.

 

Teddy Sheldon

CELL 951-275-1526

[email protected]

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