Chapter 14 - THE HOUSE INJUNCTION
The bank formally agreed not to enforce the HELOC against my property while fraud case proceeded.
Then title litigation.
Samuel filed for declaratory judgment that the mortgage/HELOC lien was invalid because the broad POA was created by document substitution and never authorized.
Bank did not aggressively contest underlying fraud after its investigation.
Its insurer did.
Why?
Money.
If lien invalid, insurer might cover.
If bank negligence, policy disputes.
If some authority existed, maybe property claim.
Everyone had reasons.
I wanted my title clear.
The judge granted preliminary injunction:
No foreclosure.
No increase.
No new draws.
Lien remains recorded pending settlement/final judgment.
Again:
Safe enough.
Not free.
Then I listed house? Not yet.
I could not tolerate showing buyers a title dispute.
So I waited.
That made me angry.
Marcus’s fraud still controlled my timing.
Therapist asked:
“Do you have to sell now?”
“No.”
“Then what does waiting cost emotionally?”
“Choice.”
Exactly.
The point was not real estate.
It was that I had chosen to sell and someone else had delayed me.
Then bank’s insurer produced an interesting document.
Underwriting memo:
Principal appears competent based on agent report and recent medical note. Agent states mother “sometimes forgetful” but capable of authorizing line.
Marcus had told bank I was competent when he needed the loan.
Then told neighbors/guardianship draft I was incompetent when I resisted.
Contradiction.
Huge.
He could not say:
I thought she lacked capacity all along.
At HELOC opening:
Competent.
At increase request:
Increasing confusion.
Timeline aligned with my resistance.
Then notary David testified in civil deposition.
He had seen me sign limited authorization.
I asked:
“Did Marcus ever say I had dementia?”
“No.”
“What did he say?”
“That you were sharp but hated paperwork.”
I almost smiled.
Accurate.
Then broad document creation after.
The insurer’s position weakened.
Settlement talks advanced.
Offer:
Release lien completely.
Refund all line payments from my account.
Bank keeps no claim against me.
I release bank from additional damages except agreed legal fees.
Bank/insurer pursue Marcus separately.
What about $3,100 roof benefit?
Bank initially wanted offset.
Samuel pushed back because it chose destination of fraud proceeds through Marcus, not me.
Eventually compromise:
No offset against principal liability; I paid roof contractor separately? Wait contractor already paid. Could this be unjust enrichment. Settlement could absorb as bank loss.
They agreed due compliance failure.
Good.
I accepted.
Lien release would record after paperwork.
Then line payments refunded:
About $6,200? Let's calculate over 9 months maybe. Fine.
The house would clear before criminal trial.
But direct care reimbursements still separate.
Then Marcus’s civil exposure to bank:
Bank sued him for fraudulent borrowing and indemnity.
Could settle after criminal.
Not my burden.
Good.
Then one thing:
Marcus’s lawyer asked if I would delay house sale until trial because home itself was evidence/context.
No.
I was not required.
But sale after release could complicate photographs? Already documented.
I could sell.
I chose not to until criminal trial.
Why?
Not because Marcus.
Because I wanted to live in my own house once more under my own rules.
That was my choice.
I repainted guest room.
His room.
Not revenge.
It smelled like him.
I turned it into sewing room.
May you like
I don’t sew well.
That was fine.
