On March 22, the Parker County Judicial website posted an update reflecting the judge's decision, granting the defense's motion to set aside the Default Judgment and grant a new trial.
It's been two and half weeks since the ruling, and we have been contacting our attorney on numerous occasions in and effort to find out when a new trial date will be set. As usual, it's been painfully slow going.
Yesterday I emailed our attorney, once again; and as a result we received a copy of a very strong email sent to defense counsel from him. The email read:
"B----:
I have contacted the court and she has July 12, 2011 as a trial date. I told her I wanted that date and I am supposed to confer with you and Ed. I left Ed a message. If you can not agree to this date and or I don’t hear back from you, I will set a hearing for setting the trial date.
It was pretty easy to get ajury to find fraud, fraud in a real estate transaction and lesser claims against Deborah Moran and she had a much better defense than your clients. Additionally, either your clients did not give you all of their emails or they were not given to me, but either way, there is an email from one of your clients that clearly demonstrates they knew intimately what the problems with this property were and what should be done about it. I also expect your carrier is not going to indemnify your clients for any fraud findings. That means that they are going to be personally responsible for the judgment. If it is not satisfied, then we will go to the TREC Trust Fund and they will lose their licenses. Whatever sunny picture you, your carrier or your clients had about how trial is or was going to come out is seriously flawed in light of the facts that the jury will hear. I have now had a week long focus group. I have weathered the defenses you will present and I know even better what to do this time. If you don’t have that email, you need to ask your clients to go back and get it again. In the meantime, if you want to protect your clients and prevent them from losing their real estate licenses, let me know." Parker County
We were so excited to receive this. Finally, some real pressure being applied to defense counsel.
The email referenced in his letter to defense counsel involves email correspondence that the seller's Realtors failed or refused to turn over during discovery. The email showed up later in a set of documents which were provided during later discovery from the title company. Moreover, the email seemed to be out of order in the documents making it more obscure.
This email proves not only that the sellers' Realtors knew of the flood zone and drainage easement issues on the property, but that they had been in direct contact with the surveyor of these issues. It is very incriminating... aka Smoking Gun!
Nonetheless, just as soon as our excitement would hit over this recent correspondence from our attorney, we would receive a forwarded response from opposing counsel that knocked the wind right out of us.
"I am delighted to report that I no longer need to listen to your happy equine by-products. You may now try that flatulent approach on new counsel. I will be out of this by next week. Hopefully for your sake, your clients will not get what they deserve and they will only get poured out yet again. I am uncertain what you get out of this approach but it is sophomoric if given a charitable description. You catch more flies with honey than with vinegar. I commend unto you ...honey. You are dealing with a couple of people who are wonderful humans and trashing them may make you feel strong and important but what you really do is undermine your credibility , if any. The motion to substitute will be arriving....strong email to follow. Have a great day.
E-"
Alas, the last pot shot by this firm, along with notice that they are being replaced. This, in essence, could push our trial date and reinvent the wheel, somewhat.
Today is the last day to satisfy requirements with Chase Home Finance for the "loan modification" application. Unfortunately, we are unable to meet their requirements.
We are in the hands of a sovereign God, and don't know our tomorrow.
