Local veteran keeps fighting to keep his home

PLAINS – After fighting a two-year bankruptcy battle, Renn Bodeker is refusing to leave his property – a property the banks claim they have control over.

Bodeker, 90, has been ordered to leave his home numerous times and although he has complied in the past, he said he would not comply this time.

“The only way I’ll leave anymore is feet first or in cuffs. I will not walk out of here again and I shouldn’t have a year ago,” said Bodeker.

The first order to vacate, issued on June 12, 2012, said the debtor (Bodeker) was to vacate the property.

Packing up everything he owned, Bodeker left the house with three days notice. Since then, Bodeker has taken back possession of his property and after another letter to vacate arrived, Bodeker said there is no chance he is stepping foot off his property.

According to a letter sent by Chapter 7 Trustee Christy Brandon, the letter advised Bodeker’s attorney, Kevin Vainio that Brandon is preparing to sell the property requesting “free, unimpeded access to the property for cleaning crews, property inspections and showings with potential buyers.”

If the property was not vacated by Sept. 15, Brandon advised she would file a motion for an order for Bodeker’s attorney to show cause why Bodeker should not be held in contempt for violation of the Court’s Order.

Bodeker originally came to maintain the property two to three times a week, agreeing to the orders and did not sleep or live at the property. But one morning as he was drinking his morning coffee he decided he needed to move back and take possession of his place before it was too late.

“If I’m not here, I give up possession. And possession is nine points of the law,” explained Bodeker.

Bodeker moved back to the property and said he will not be leaving again. Period.

According to Bodeker and his friend Roxsanna Ryan, the problem began when Bodeker’s wife fell ill to cancer. Unable to pay for her medical bills after Lorna passed, Bodeker filed bankruptcy.

However, Bodeker did not properly list all of his assets starting a wave of chaos that would be fought for years to come.

In order to save up for their retirement, Bodeker began collecting silver and gold coins after receiving a tip that prices would increase. Because the silver and gold was used only for retirement, Bodeker said he did not think to list the coins as an asset.

“I didn’t list any of that silver or gold because in my mind this was for my retirement…we didn’t use it to pay medical bills. We wouldn’t touch it for absolutely nothing, it was for our retirement,” said Bodeker. “My mind, I know, was totally closed off to even thinking about listing it.”

According to the bankruptcy petition, typically retirement funds do not need to be listed as an asset but only if they are one of the two government categories, either a 401K or IRA.

“If your retirement is in those categories, it is not an asset and you don’t have to list it. But since Renn chose his own retirement it doesn’t work,” said Ryan.

After it was reported that Bodeker had not disclosed all of his assets, Bodeker claims he was threatened with federal prison and the attorney convinced him to sign over his Homestead Act, relieving him of his property.

“They said if I would sign this waiver of homestead and a waiver of discharge, it would probably go easier on me,” said Bodeker.

In a confusion and unsure of what to do because of faulty legal advice, Bodeker signed the waivers. However, Bodeker claims the property still belongs to him.

“Sanders County does not own this property. The state of Montana does not own this property. The United States Government does not own this property. This is patented land – untouchable,” said Bodeker. “The U.S. Supreme Court says a patent cannot be collaterally attacked.”

Bodeker owed the bank $106,000, however, after handing over the gold and silver coins, which were buried throughout his property, his debt load diminished. The coins took off $59,000 from the debt. But due to costs of legal fees, sometimes totaling to thousands of dollars per hearing, the amount of money Bodeker still owes is $70 to $80,000 – an amount the house would easily cover.

Now plagued with prostate cancer, Ryan says Bodeker’s time is ticking and they might not make it through an appeal process, hence why they are fighting to keep the house now.

Building the house for old age for both him and his wife, the two had long term plans there, even choosing where they would be buried on the property.

After having passed, Lorna is buried on the property and Bodeker planned to be buried right along side her, something that may not be possible if the property is sold.

Bodeker explained Lorna is still his wife and will be for eternity.

“If you get married what’s the license or the minister say, he’ll say until death do you part. In Lorna and my case, we don’t have that. We were married in an LDS Church Temple for time and eternity, so it isn’t till death do us part. We’re still married. She’s out there in the ground still my wife,” said Bodeker.

If the property does sell, the question remains of what will happen to Lorna’s gravesite? Will Bodeker have visitation rights? Will it still be recognized as a grave? All these questions plague Bodeker.

“My wife and I picked the spot where we wanted to be buried – I absolutely planned on being buried next to her. I have to be,” said Bodeker.

As the 15th of September came and went, Bodeker refused to leave his property and much like June 12th of last year, nobody came to remove him. He plans to remain at the home located on Freedom Lane and refuses to leave his home – a home he built with his bare hands for him and his wife to live in forever to the end of their time.