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Woman battling big banks over her home gets victory in court

Posted at 10:18 PM, Oct 14, 2016
and last updated 2016-10-14 22:22:04-04

HOLLAND, Mich.-- A victory in court Friday for a West Michigan mother who was just days from being evicted from her own house.

Judge Jonas of the 58th District Court ruled a stay of eviction.  In other words, Gretchen Molotky, who has been battling US National Bank and Wells Fargo, can stay in her home while a lengthy legal battle over the sale of her home continues.

“This gave us a breath of fresh air and a lot of  hope, so I am really happy today,” said Molotky.

Molotky is waiting for the court of appeals to review her case. It’s a case that points the finger at Wells Fargo and US National Bank for fraud. In the meantime, it’s critical that Molotky find a way to stay in her house while all that is sorted out and that’s what Friday’s hearing was all about.

“If she wins the appeal, then she would have gotten her house back. So if she were kicked out, she would have greater harm if she would have lost the house that should have been given to her,” said Molotky’s lawyer, Paul Ledford.

In other words, once she leaves the house, she can’t get it back. She would only be able to be awarded damages, so this will give her a chance to take her home back, if the court rules in her favor.

Trott and Trott lawyer, Kevin Hammons, representing US National Bank for possession of the home, had little to say on Friday despite promising FOX 17 News someone would contact us a week ago. Friday, Hammons had no comment again, and said he would relay our message for an interview.

It’s just one small victory in the war ahead for Molotky, but Friday’s win certainly fueled her fire.

“I have always had hope. I have not lost track of that,” said Molotky.

Molotky will continue to pay $2200 a month into escrow into the court while she continues to live in her home.