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Hope VI Promissary Notes Liens

Discussion in 'Liens & Encumbrances' started by Gmcclarine, Feb 23, 2016.

  1. Gmcclarine

    Gmcclarine Law Topic Starter Guest

    Not sure if it worth taking to court. I don't want to waste money and I am not sure what basis to file under; as well as, can I ask the HACF to pay my lawyer fees if I win?

    The other worry is will a lawyer be willing to fight a case that is suing a City that they practice in or will they be bias?

    Back Story- I purchased my home under the HOPE VI program which is a program (provide my the Housing of Authority of the City of Frederick (HACF) with HUD funds) that provides the difference of your home purchase that is not covered by your first mortgage. I have reached out to see how I can go about selling my home since the value has decreased since 2008. I can't rent my house until the market goes up because I must be the primary resident. My family as grown and there is no more for all of us to live here comfortably. I have reach out to every government official you can think of for help, the Senator's office took my case and finally I received a response from the HUD Field Office. I did some research and I found the following, but no one seem to be abiding by this rules (see below). Do you think I have a case to bring the HACF to court?

    Based on my research my home liens should be either forgiven or reduced; however, several employees from the City and County of Frederick have told me that I must pay all of the funds back. Under the HOME regulations at 92.254 and Affordable Housing Training, issued under HUD those statements from the City and County employees are not accurate. For example, HACF employee, o stated in an email on January 20, 2016, that I must repay the whole amount of my loan ($13K). This loan was funded by Community Development Block Grant (CDBG) Program, which means that any loan under $15K should be removed and forgiven after 5 years per CDBG guidelines.Keep in Mind I have 5 other liens on my home with different values. I wish I would have understood all this when purchasing my home at the age of 24.

    When HUD awarded the HOPE VI grant to the City and County of Frederick, housing program managers were supposedly received a training provided by HUD on how the funding and program should operate. I have obtained a copy of the HOME-CDCB Handbook and this handbook outlines specific duties and responsibilities as to how to execute the HOPE VI program.

    I have asked on several occasions if someone can guide me in the right direction as to which government office, city or Federal, would be in the position to re-examine my case and I have only received a name for a Housing Counselor by the name of Joe Baldi, who was unable to assist me with my matter.

    I have done excessive research regarding this situation

    Below are some websites that I have found regarding HUD funded programs

    REF: Pages 14-19 http://www.hud.gov/offices/cpd/affordablehousing/training/materials/building/ch05.pdf

    Pages 16, 49-60

  2. adjusterjack

    adjusterjack Super Moderator

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    Forget about suing. Suing any kind of government agency is going to cost you two or three times the amount of the loan that you are trying to get forgiven.

    You have 6 liens on your house? That boggles my mind. I'm sure you THINK you had good reasons to take out all those loans but now you know how foolish that all was.

    Sorry, but I think you are stuck with your situation and your money would be better served by paying down the loans as soon as possible.

    You'll just have to deal with your living arrangements as best you can until you get your head above water.

    I know that's not what you want to see, but that's the long and short of it.
    Michael Wechsler likes this.
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    And then the next question would be unless you want to do it yourself pro bono, what lawyer do you think would be willing to take such a case, probably on a contingency fee? Even if the court agreed that IF you win the losing party will pay the bill... why would an attorney risk putting all that money up front for a case that seems speculative and expensive? I would tend to agree with @adjusterjack on this one.

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