News 12 at 6 o'clock, May 14, 2008

AUGUSTA, Ga. -- It's a decision five months in the making, Will James Brown's cape man be evicted?

Danny Ray was in court Wednesday and News 12's Lynnsey Gardner was the only reporter there.

News 12 first brought you Danny Ray's story in December when his home was foreclosed on and sold to the highest bidder. Today, we found out he's lived there rent free ever since, but today that all changed.

Danny Ray has lived in his Augusta home for more than twenty years. "A lot of memories there a lot of things you know. I would hate to go somewhere else and pick up again."

But moving day is now one step closer after a Magistrate court hearing Wednesday, May 14.

Family friend Frank Christian was in court to support Danny Ray Wednesday. "He's already lost the house, it's been foreclosed on."

That was five months ago and the hearing scheduled to evict Ray has yet to happen.

"Something needs to be done. Delay of this proceeding is not beneficial to anyone." Judge H. Scott Allen said in court Wednesday.

Judge Allen ordered Ray to begin paying $650 dollars in rent to the new owner, Ron Meardy, beginning June 1, 2008 until a trial is held; and that trial he ordered in the next 30 days, it will decide if Ray will be evicted.

Ray says he's "just been getting a whole lot of blows, Mr. Brown, then real estate gone, job gone and different things. Just like picking up the pieces, getting yourself off the ground and trying to get yourself back together again."

There helping Ray are family friends and his attorney, William Fleming, who say they offered to pay Ron Meardy $60,000 to buy the house back, giving Meardy a ten thousand dollar profit. Meardy told News 12 in December he was willing to work with Ray, Wednesday he declinded to talk on camera, but we know he wants $100,000 for the house.

"Only thing I can do is just leave it in the hands of the Lord and let him make the decisions about." pleaded Ray.

And it's no secret what Danny Ray wants that decision to be, to be able to buy his first and only house back, hoping it will also be his last.

The man who bought the house while it was in foreclosure tells News 12 he has tried to work with Ray and Ray’s attorneys. Ron Meardy says Ray owed about 80-thousand dollars on the house, not 18-thousand. Meardy says there were a total of three liens on the house and that Ray missed interest payments for almost a year.

Meardy says the house has a tax value of 125-thousand dollars and that he gave Ray and his family an exclusive opportunity to buy the house back for 100-thousand dollars. Meardy says he gave Ray until early April to arrange financing and make the purchase. Meardy also tells News 12 that Ray did not respond to his offer until two week past the early April deadline; and offered to pay 60-thousand dollars.

Meardy also says he has shown good faith by allowing Ray to live in the house rent free for the past six months.

A judge on Wednesday ordered Ray to begin paying 650-dollars rent and set a trial date for the next 30 days to determine if Ray will be evicted from the house where he has lived for free for the past sixteen months. Meardy tells News 12 Ray lived in the house for 10 months without making payments before he bought the house.