Judge SHUTS DOWN CARES Act Argument During Eviction Case

Añadido: 2026-06-01

[00:00:01]Good morning, your honor. Joel here, he was also present.

[00:00:07]>> All right.

[00:00:09]All right. Go ahead and see.

[00:00:14]Motion.

[00:00:15]>> Yes, your honor. Your honor, um, we've moved before to set aside the judgment that was issued on March 15th and to participate for lack of based on the car's act requirement that Mr. time and be given a 30-day notice before any action could be taken against him.

[00:00:36]And I know the court is very familiar with the CARES Act. Um, >> and then whether or not it's waved because I don't consider it jurisdictional, but you haven't raised this before now.

[00:00:49]Correct.

[00:00:50]>> In this case, >> yes.

[00:00:53]>> No, your honor. Um I I did not dis I I um stepped into this piece of Mr. Hond's case. I was handling his voucher formation and I stepped into this case to cover the court hearing and then after review of documents I discovered the there's act issue and and file this motion. So, but I did cite law that said that juris I mean I know the court said you don't consider it jurisdictional but >> I don't I don't consider it jurisdictional. I consider it realistically to be an affirmative defense which if not waved >> well we've presented it as jurisdictional and and and also um case law that says it can be jurisdictional um arguments can be raised at any time.

[00:01:45]>> Correct. But I don't consider it jurisdictional because I it the state statute confers jurisdiction on this court. The plaintiff complied with the state statute. The court has jurisdiction. The question as to the length of the notice in this court's mind is an affirmative defense that can be raised. But if it's not raised timely, it's then waved.

[00:02:11]Well, I I would respectfully >> disagree. I know.

[00:02:15]>> Disagree.

[00:02:16]>> I know.

[00:02:18]Anything further plain to >> No, your honor. The only thing that I would add is that it's the Arbor1 West is not a covered property um under the car's act in any event. Um but no, I'm just respectfully requesting you deny the motion.

[00:02:38]And your honor, if I could just briefly respond to that. The register of deeds um described the mortgage property uh the mortgage that I provided. It said that it clearly included the city side, not on the township side. And so I' I'd like the plaintiff to produce proof that that mortgage has been superseded by another mortgage that's not federally backed. And then I'd like to also assert that because they accept. Now, isn't that your burden?

[00:03:09]Why are they producing it?

[00:03:12]>> Well, your honor, I produced what was what was filed with the register of deeds that appears to show that it's covered property. Your honor, this is excuse me because I can just short circuit this and I apologize because I filed this affidavit um at 5:00 yesterday, but what uh defendants council attached was for the wrong property and and so um but this is all moot based on the court's finding that this isn't a jurisdictional issue. But just to for clarity, that was Arbor One West, which she attached to her motion.

[00:03:50]I mean, excuse me, Arbor one, not Arbor One West. the uh exhibit itself.

[00:03:58]>> She attached Arbor One and not Arbor West.

[00:04:01]>> Correct.

[00:04:03]>> And Arbor One West is not a covered property.

[00:04:05]>> Correct.

[00:04:08]Your honor, I would just argue as I did in the motion that we could accept section A vouchers. That's another basis through the CARES Act for a property to be determined to be a covered property.

[00:04:20]Anything else?

[00:04:25]>> No, you're >> the motion to set aside the judgment and dismiss the case is denied.

[00:04:39]>> Thank you, your honor. Have a good day.

[00:04:41]I'll I'll um I'll uh prepare an order to that effect and email it to the court yet today.

[00:04:50]Good morning, your honor.

[00:04:55]And my um client is here as well.

[00:04:59]>> All right.

[00:05:02]>> Your name.

[00:05:03]>> All right. Where are we on this?

[00:05:08]>> Questions. Um we haven't been able to reach a resolution as of yet. Uh Mr. Adams at the last hearing indicated that the repairs were not completed um to his satisfaction said he was going to send me a video and again the video is too large for them. Um maintenance tried to reach out to Mr. Adams to do an inspection. Sounds like they may have had a different phone number for him.

[00:05:32]They haven't been able to go in provided permission to enter today between 1 and 4. Um and also provided just a blanket permission to enter which is going to be really helpful uh to get the you know to have maintenance go in and inspect. Um the issue that we have is I think Mr. Adams does not um dispute the rent and utilities like he's disputing late fees um and port costs and from plaintiff's position is that work orders the last work order was submitted in November and it was closed and then the last that they heard of any issue was in March. Um so that's position.

[00:06:14]Um, well, my position is I shouldn't have had to go through the extremities of having to come to court twice to get I'm living with with a lot of mold. I showed them the video just as like a little portion of it and it's horrible.

[00:06:25]And if you waking up every day and live with it, it's dangerous to live with and I I've been telling them about this for over a year and I've been >> But they were trying to get into your apartment.

[00:06:33]>> This is since the court This is since the court proceedings has been going on.

[00:06:36]This is like the last couple weeks they said that and they had they they've always had permission to go in because they've been going in my apartment for anything else. They just went into my they they called and went into my apartment on uh March the 14th. Court was 15th. They saying they can't get in contact with me. They was able to get in contact with me the day before court and miraculously come in there and do just a little strip of what I had a video of.

[00:06:56]That's the only thing they did. My thing is when it's mold, they will have to it's a small section of tub flooded up over my up over my apartment. So that whole ceiling is got water damage that is just popping out like potholes of mud of mold. And it's it's it was over the corner. was in the middle and it was in the right. What happened is they I could show you the vending video. I don't know how I would do that. I could, but it pipped back what they spray painted and you can just start seeing the mold again and they just came and repair where you could see it again.

[00:07:25]>> But they weren't trying to get in to do repairs.

[00:07:27]>> They just trying to get in to do repairs since we went to court on March the 15th. They said, I'm sorry, they said just since March the 15th that they was trying to get in to do repairs um on March the when we went to court March the 15th, they said since then. We went to court March the 14th and they was able to get in contact with me and go >> you were here March 8th.

[00:07:46]>> Oh, what was that? March 8th that we was here. What was the March the uh >> then you were here on the 15th.

[00:07:52]>> Okay. So, yeah, that's what I'm saying.

[00:07:53]On the 14th, they called me on the 14th.

[00:07:55]the day before court, like 4:00 till 3 4:00, he called me like, "Can we come in right click and do the repairs because they have been trying to get in contact with before and they said they didn't have the information, but they had it the day before. I 16 hours before they had >> That's fine, I guess. Are they going to get in today?"

[00:08:13]>> Yeah, they they always have permission.

[00:08:14]They've been going in my apartment forever doing all this.

[00:08:20]I just want to clarify something for the record is that when you were here, it was me that was here on March 8th and I asked you if there was permission to enter and you said no, but we negotiated a time at that hearing to come in at 4:00 >> to do the repairs. That was not I specifically asked you that. I said I'm going to go home.

[00:08:38]>> No, that's and and I'm going to tell you that's exactly what my notes indicate.

[00:08:43]My notes indicate >> there was a maintenance meeting at 400 p.m. that day. Yeah, I met alone because I live was right across the F. They said, "Can we come in today?" I said, "Yes." That's exactly what was asked is, "Can we come in?"

[00:08:54]>> Sir, >> I'm sorry.

[00:08:55]>> I'm telling you what Miss Gazeri is indicating was what the court has its notes. There was an maintenance meeting at 400 p.m. on the ETH.

[00:09:03]>> And they came that day on the 8th. They came that day and that's when he came over on the 8th. My video was timestamped for the ETH. He was there on the 8th. I showed him that on the 8th and then he called me again. He didn't call me back until the 14th, the day before court. He called me back and said, "Can we come do the repairs today?" They came and did them. They never came back since then. And he's saying that they couldn't get in contact with me. They never attempted to. They had permission. They always could come in. That's not a problem.

[00:09:32]>> I saw your honor. Sorry. Just to clarify one more thing. So then we were back in court after the repairs were done and my understanding was that everything was done. and I had pictures for my client and you said no I'll send you a video and you sent me an email that's why we adjourned at a settlement conference but the email that you sent me said the video was too big I can't send it and that was the last I heard from you >> yes >> and then they tried to contact you but apparently there was a miscommunication as to your phone but that's >> okay >> so they're going to go in today is that the deal >> yes >> and they have they can come in whenever they want to to fix that mode put that They have standard permission to come in.

[00:10:15]>> Okay, that's what's happening today. To accomplish the repairs, I'll adjourn this to April what?

[00:10:20]>> 30th?

[00:10:22]>> April 30th, 2024, 9:00 a.m.

[00:10:29]>> You escrow right now if you don't mind.

[00:10:33]In escrow, I have a total of $25.