On the day of trial, the sellers' Realtors' attorney came in to court too ill to try the case. Consequently, we had to non-suit the sellers' Realtors out and refile in order to proceed with the case against our Realtor.
On September 27th the petition against the sellers' Realtors was refiled, and this began another period of patiently waiting to know the outcome of our life.
The last several weeks have seemed like forever. On January 7th we were granted our Default Judgment as a result of defense counsel's failure to answer our petition.
Almost two weeks later, on January 19th and 20th, defense counsel filed their answer (response) to our original law suit (petition); At that same time they also filed a motion asking the court to have the Default Judgment thrown out; and a new trial granted in its place.
Finally, almost one month later; our attorney filed an answer to the defense's motion on February 14th. And, once again the defense filed yet another motion on February 16th in response to our answer to their motions.
The silence has been somewhat deafening. All the while this prolonged legal chess game just continues as we deal with the very immediate issues of delinquent mortgage payments, a cancelled homeowner insurance policy, and the very serious reality of homelessness.
This past weeks had been particularly difficult. Our attorney not responding to emails or voicemails. My stomach wrenches up in knots as I click on the bookmarked tab to go to the county judicial website to check on the status.
Finally, updates hit the county judicial website and a hearing is set for March 3rd to argue the Default Judgment of $1,117,500. A few faithful brethren have aligned themselves beside us to intercede and fast on this day; a couple of saints encouraging us and exhorting us on the phone. Thank God for true brethren.
Something had dropped in both Mike and my heart at separate moments of prayer. We both had a check in our spirit as to whether we should be attending this hearing. We had always attended hearings up to this point, but for some reason on this very important day we did not believe we were to be present in the court room. We consulted with two brethren and confirmation was made; we were to stay home. Our attorney stated he did not need us there, and in fact, that it may hinder the judge in expressing himself at that time.
So, hearing day arrived and it was a very long exhausting day for us. The hearing began at 1:30p.m. and we heard nothing until approximately 4:30p.m. or so when our attorney called; just as Mike was in the kitchen fixing a bite to eat after a long strenuous session of intercessory prayer in his prayer closet.
Speaking to our attorney is never a pleasant event; and it has become increasingly unpleasant since the fiasco involving the jury verdict form error with the first trial where we were awarded punitive damages of $125,000 and additional $43,000 in attorney fees that we will never be able to collect.
Well, on hearing day our phone call from the attorney was "bitter sweet" as they say. I will begin by taking you back a few weeks earlier when I was awakened with what seemed like an audible voice of the judge. I was standing outside the courtroom doors and could hear him rebuking the defense counsel; and then heard the words "Default Judgment stands as is." I shared the dream with Mike as I hurried out to where he was that morning, and then later with my best friend, Linda.
I am one who is not big on dreams and such, but this one felt significantly different than anything I had experienced. It was put on the memory shelf and not given too much credence until I received some sort of confirmation.
Well, during our phone call with our attorney on March 3rd, he started off by sharing that the judge was "yelling" at defense counsel. Apparently, they admitted that they sat on the petition and failed to answer it based on what they deemed was a "technical" error in service. He also apparently slammed them for not showing up at the January 7th "Default Judgment" hearing, wasting the court's times with delays being played like a game.
But then, during the conversation, our attorney shared that another wrench had been thrown into the process. He stated that; should the judge rule in our favor and the Default Judgment stand, defense counsel had legal grounds on a "hyper-technicality" to appeal, and would probably succeed. Apparently, a police officer (sheriff) served the defendants. The service was done correctly, but the police officer (a.k.a. officer of the court) failed to have his signature properly authorized or notarized on the returned receipt.
Again, the defendants and their attorneys agreed they received service. The defendants both signed for receipt of their service, as did the police officer. He just didn't process his signature properly with a notary or something.
So, we await the judge's decision; yet in the meantime we received yet another phone call from our attorney. Defense counsel has approached him agreeing to set an early trial date of June 14th (early?) if we will agree to have the Default Judgment tossed. Really? Now why would they want a Default Judgment tossed if they are sure they can have it overturned in appellate court?
So....was my dream from Abba knowing that we would be facing this situation? Do we await the judge's ruling, perhaps standing with the Default Judgment? Or do we toss it out and head to trial on June 14th believing He will make a way for us to have a roof over our head until that time? We are in $7,100 default on our mortgage payments along with other issues. If we are foreclosed upon, it harms our case significantly in damage recovery.
We are now seeking wisdom from our only true source, and the One who knows all things, Abba.
It kind of feels like we are standing on a precipice with heated breath on our backs. Praise God we are not of this world, but merely pilgrims passing through.
