Moving

New Purchaser of San Francisco Rental Tells 81-Yr-Previous Resident to Go away – NBC Bay Space

An 81-year-old San Francisco resident was told she had to leave her home.

As the San Francisco Chronicle first reported, a note was posted on the door of Rosemarie Benter’s Page Street condo on April 20, telling her she had three days to vacate the premises.

Benter said she bought her home decades ago, but a loan she took out to pay her property taxes created a chain of problems that led to her home being sold in a foreclosure sale. Benter told NBC Bay Area that she will not go out without a fight.

An 81-year-old San Francisco woman has been told she must vacate the home she has lived in for more than three decades. Kris Sanchez reports.

“Yes, I’m a tough old bird,” said Benter on Sunday.

Benter said she has lived in the Victorian home in San Francisco’s Upper Haight for more than three decades. She explained that she was able to initially own the house on a “joint lease” and then retain ownership when the unit was split into condominiums.

Benter said she took out a reverse mortgage on her property back in 2007.

Currently, Benter said, she’s dealing with a variety of health issues, including arthritis and the effects of a recent stroke. In July 2021, Benter said she sought help paying for her healthcare costs and property taxes. Benter said she was put in touch with a realtor who pressured her to sign papers to use her home to take out a loan.

Originally, Benter said she was told the loan would be $8,000, but the loan turned out to be more than $9,000 and then went up to over $13,000, including interest and fees.

“I was repeatedly told, ‘No, no, no, no one is going to kick you out for an eight thousand dollar bill,'” Benter said.

Then, in February 2023, Benter said, “There was a knock on my door, I think it was around 11 a.m., and the man said, ‘Hi, I’m here to repossess your house.'”

“And I said, ‘What do you mean?'” Benter recalled, “he said, ‘If you don’t have thirteen thousand dollars to pay this debt, it’s going to be sold in 29 minutes.'”

Benter said her home was sold at a foreclosure sale to the highest bidder.

An attorney for the buyer released a statement to NBC Bay Area on Monday.

“My client’s intention is to reside in this property, but if Ms. Benter wishes to buy it back, my client is willing to negotiate,” said attorney Joanna Kozubal.

Darren Orr, an attorney with the nonprofit Legal Aid for the Elderly of San Francisco, is now representing Benter. Orr explained that Benter contacted the nonprofit after the foreclosure sale and his team attempted to reverse the foreclosure, which they believe was based on a “completely unscrupulous and predatory loan.”

Benter said she was surprised to find the eviction notice on her door on Friday. She said whoever delivered the notification didn’t call her or ring her doorbell to let her know. Benter only found out about this from a reporter.

The statement states, “Eugene Gardner has acquired the property by escrow and title to the property has been duly completed.” The notice is signed by Kozubal.

Benter said when she saw the news, she panicked. “I was like, ‘This is it, Monday morning they’re going to show up with a sheriff and a truck and get me out of here.'”

But Orr explained that the scenario Benter envisioned was unlikely to materialize Monday, and that several other procedural steps would have to happen before Benter could be formally deported.

“Legally, we would expect that [Gardner] will seek eviction and unlawful detention to try to evict Ms. Benter as soon as possible. We will of course defend Ms. Benter in this lawsuit and we certainly hope to be successful in that,” Orr said.

On Monday, Orr said Benter will file a lawsuit against the broker and lender she worked with, as well as the new buyer. He said this lawsuit will prompt the court to find Benter as the rightful owner of the condo and seek damages for the damage caused to her.

Benter said she still hopes she can spend the rest of her life in her home.

If that’s not possible, she has no idea what she’s going to do.

“I can’t live on the streets and afford nothing,” she stressed.

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