81-year-old California woman being evicted from home
SAN FRANCISCO, Calif. (NBC, KYMA/KECY) - An 81-year-old San Francisco woman is being evicted from the home she's owned for decades.
She says a loan she took out to pay her property taxes began a series of issues.
For the past 30 years, Rosemarie Benter has lived in a Victorian condo in San Francisco's Upper Haight neighborhood. She was able to buy it through a joint ownership agreement.
Now 81, she has many health issues and money is tight.
"I'm very weak; I'm impacted primarily with arthritis," Benter explained.
Pressured
In July 2021, Benter looked for help paying her property taxes, and says she was pressured into using her home to take out an $9,000 loan, which she says turned into a $13,000 note after fees and interest.
Then in February, her home was sold at a foreclosure auction.
"There was this knock on my door, I believe it was around 11 am, and the man said 'Hi! I am here to repossess your home.' And I said 'What do you mean?' He said, 'Unless you have $13,000 to pay off this debt you had, its going to be sold in...mmm 29 minutes,'" Benter described.
On Friday, the buyer put a notice on Benter's door saying she had three days to leave.
"And I thought this is it, Monday morning they're gonna show up with a sheriff and a truck and get me out of here," Benter said.
Plan to defend
"Legally, we would anticipate that he is going to file an eviction and unlawful detainer to try and evict Ms. Benter as quickly as possible," said Darren Orr, Benter's attorney.
Orr works with the nonprofit, Legal Assistance for the Elderly. He says they plan to defend Benter against any eviction filings.
On Monday, they are also planning to file a suit against the new owner, as well as the broker and the lender, asking the court to find Benter as the lawful owner of the condo.
"Ms. Benter is taking action to try and undo that sale and void that unconscionable loan, and we are hopeful that justice will prevail," Orr explained.
The attorney listed as representing the new buyer was reached out for comment, but did not respond.
Holding out hope
Overall, Benter is still holding out hope that she can still live out the rest of her life in her home.
If that doesn't pan out, she has no idea what she will do.
"I can't live on the street, and I can't afford anything," Benter expressed.
