BERNARDSTON — It looks like the 74-year-old man who was being evicted from the log cabin he has lived in since the late 1990s will get to stay, at least for the time being.
According to Peter Lane of Fierst, Kane & Bloomberg LLP in Northampton, the lawyer representing Robert McCollum of 178 Shaw Road, Bank of New York Mellon — on behalf of Bank of America — dismissed the eviction case without prejudice, meaning the bank could come back at any point to pursue eviction again. But for now, Lane said McCollum is safe from that action.
Lane said the bank is reserving the right to its claim, but has decided to leave the issue outside of the court.
“This gives Bob breathing space,” Lane said. “There’s no longer an imminent threat. He has time to find an alternative.”
McCollum’s advocate, Al Norman of Greenfield, said “this is very good news for the short term.”
Norman said he believes the bank dismissed the case because of all the negative publicity it was receiving.
“The problem is, until it removes the threat of eviction permanently, it’s still there and we’ll have to check Bob’s mail every day,” Norman said. “It didn’t look good for a wealthy bank to toss a frail elder from his little home.”
McCollum has been in rehab for several weeks because of a fall he took. While he lay in rehab at a local nursing home, the bank taped the eviction notice to his back door.
“This has put a lot of additional strain and worry on Bob at a time when he’s struggling to get healthier,” Norman said.
In March 2018, a foreclosure sale was held, because McCollum, after suffering several health setbacks, couldn’t keep up with the payments. The bank bought the house back for $126,400.
Norman and McCollum, with the help of lawyers, were able to hold the eviction off for more than a year, but as McCollum lay in the nursing home a couple of weeks ago, he said he was worried about losing what he worked so hard for over the past couple of decades. Facing an uncertain future, he said he was not only physically ill, but emotionally distraught.
Norman said he expected McCollum to return home from rehab this week. He said McCollum is feeling better, walking better and feels stronger.
In 2003, McCollum, who has been an independent contractor for decades, received a $153,000 loan, approved by Countrywide Bank, which was later purchased by Bank of America. Bank of New York Mellon is the trustee for the Countrywide mortgages Bank of America purchased.
McCollum said he tried to talk with the bank when he fell behind in payments due to a bout with cancer and an operation on his back, but it became frustrating, confusing and upsetting. He said he was redirected many times and no one seemed to be able to help him. He said the loan was used for home improvements.
Norman said he believes McCollum was the victim of a predatory loan that he never should have received based on his income and assets. The loan was a 30-year variable. McCollum received it when he was 59, which Norman said would have taken him until he was 89 to pay off — and that was unrealistic.
He said this story is not just about McCollum, but a cautionary tale to seniors.
“They need to stay away from long-term loans,” Norman said. “There are weak policies for bad loans made by these banks.”
McCollum lives completely on his Social Security check, and has numerous health issues. Norman has put McCollum on housing lists in Bernardston, Gill and Northfield, where he grew up, but there are three-year waiting lists. He said it isn’t clear if they can find housing for McCollum, but at least they have a little more time.
Reach Anita Fritz at 413-772-0261, ext. 269 or afritz@recorder.com.