Bank of America is suing a Grand Rapids District Judge Michael Christensen for allowing an ailing, elderly couple to remain in their foreclosed home until the couple can move, the Grand Rapids Press is reporting.
The couple purchased the house in 1976, for $12,000 and had paid it off. However they took out a line of credit, and ended up defaulting on nearly $7,000 of that credit line. In Nov. the judge ruled they had to go, but in April he set aside that ruling, giving the couple another three months.
His reasoning? The couple is suffering from a collection of later life health issues:
…Bob Rauch, a 77-year-old diabetic who also has crippling back pain, and Mary, a 79-year-old with a pacemaker and a list of medical difficulties…
As the Judge himself said:
“All I want to do is see these people stay in their home until they’re able to move,” the judge said. “I can’t imagine the authors of foreclosure laws ever wanted to see this happen over a minimal debt that is huge to (the Rauches).”
The Rauches are back in court Monday seeking another extension, the Press reports.
Bank of America has asked Kent County Circuit Judge Dennis Lieber to force Christensen to evict the Rauches. If Lieber declines, the bank wants Lieber to order Christensen to justify his refusal.
Ironically, the court transcript from April shows Christensen’s justification, which Grand Rapids City Attorneys are supporting in the court battle in Circuit Court.
“I’m gonna wait till he’s gone,” the judge said. “A judgment will completely ruin this man’s credit after 33 years living in his house and at the age of 76.
“Not on my watch, it won’t happen.”
Christensen said he would order the Rauches to move once they were able occupy an abandoned home on a son’s property near Buckley.
But Bank of America’s attorney Michael Thomas has argued the District court has failed to perform its duty.