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Cancer patient and husband threatened with foreclosure by Wells Fargo

Posted on Sunday, 23rd September 2012 @ 04:21 PM by Text Size A | A | A

North Carolina residents Cindi and Kirk Davis are known by their friends and family as a carin a generous couple. Kirk is a retired US marine and Cindi does volunteer work helping people who have lost jobs and homes take care of their pets. Cindi has also struggled with breast cancer since 2008 and her cancer has now progressed to stage 4. All of this seems to mean nothing to Wells Fargo. As Cindi and Kirk struggled to pay for the additional cancer treatment she requires, they had trouble paying the full mortgage payments each month, but they tried to pay as much as they could. Wells Fargo refused to accept partial payments — and they are adding fees and penalties too. Cindi explained the situation to Wells Fargo and a bank representative said they would consider a solution, but the next she heard from the bank was a foreclosure notice. The couple is trying their hardest. Cindi has even started selling the quilts she makes as a hobby but it won’t be enough to cover the mortgage. Cindi Silvers Davis and her husband, have tried very hard to work with the bank, but they say they have been mislead, they have been treated poorly, and now Wells Fargo is trying to put and advanced stage cancer victim out on the street.  Her friends are all pitching in to fight Wells Fargo’s attempt to evict the Davis couple but as of now the outcome of this situation is by no means certain.

http://www.change.org/petitions/wells-fargo-stop-the-foreclosure-on-a-stage-4-cancer-victim-s-home

 

 

Californian Daniel Larsen, after more than 10 years in prison, has been found innocent by a federal court.His 1999 conviction for possession of a concealed weapon was overturned and he was ordered released.

But Attorney General Kamala Harris appealed this ruling and today Daniel is still in prison – stuck in legal limbo – two years after being declared innocent.

In 1999, Daniel was convicted of possession of a concealed weapon (a knife) and sentenced to 28-years-to-life under California’s Three Strikes Law. Two police officers claimed they had saw him throw a knife under a car in a bar parking lot, something he didn’t do.  There were nine witnesses to prove his innocence – including a Chief of Police from North Carolina, who happened to be within five feet of Daniel at the time the officers claimed to have seen him toss the knife.

But because of ineffective legal representation, these witnesses would not be part of his defense.

In July 2008, the California Innocence Project filed a habeas petition in the Federal District Court for the Central District of California. One year later, the court held an evidentiary hearing in which three witnesses testified as to Daniel’s innocence. Among the witnesses were the Chief of Police and his wife. After a hearing on the matter, the federal court found not only that Daniel was innocent but also that his trial attorney’s representation was constitutionally deficient in failing to call these witnesses at the time of his trial.

On June 14, 2010, the District Court judge reversed his conviction and ordered him released. But he remains in prison pending the Attorney General’s appeal.

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