"Did I tell you I sent new discovery to the new counsel. He has shown me a document he is “GOING” to file – a petition suing Swan and Moran and Ready Real Estate. Not only can he not do that I actually probably want him to do it. I think if Deborah is down there and I lay into them on the email and what Rees knew, it will be triple teaming against them. But we’ll see if it gets that far."
What is the relevance of this? Well, it appears that the sellers' Realtors are now planning on suing their very own clients and, consequently, our Realtor. Pretty amazing! Amazing because they are now going to put people who were their witnesses a.k.a. "on their side" in a defensive posture.
The sellers' Realtors not only knew the characteristics or "issues" with this property (i.e. flood zone and drainage easement), they were warned by a fellow Realtor approximately five days prior to our putting an offer on the property. (read more)
Funny thing is, we have always felt that their clients have every right to sue their Realtors. Based on the evidence and testimony to date, it appears that these Realtors knowingly allowed their clients to pass on a property without providing full disclosure of the issues on the Seller's Disclosure form. One might go so far as to say that it appears they encouraged such.
A couple of weeks ago we had the sense that a "Rahab" was going to be flushed out soon; meaning that someone on the inside of this whole mess would begin to "sing" like a canary and reveal some of the details of the dirty deeds. We and our attorney are hoping that this last little stunt will motivate the sellers and/or our Realtor to start revealing more about the sellers' Realtors activities during escrow.
The sellers' Realtors are no small potatoes in this area. Here is a write up from one of their websites:
"In 2000 Rees and Piper felt the need to provide a higher level of service to customers and concepted the "Rees and Piper" team in which two top producing Brokers could use their unique specialties to provide a higher level of service than any single agent could provide. Results of this partnership have been unsurpassed with team sales exceeding every other agent or team in Parker County with over 35 million dollars in real estate sold in 2006. The Rees and Piper Team are ranked in the top 3 in the state and in the top 25 in the nation in the Century 21 system."
During a phone conversation with our attorney last night he confirmed that he had related to the attorneys for both our Realtor and the sellers about what was about to come down the pike at them. Of course, our Realtor's attorney was of the same mind as our attorney; wondering why they would do something so absurd. Well, there is nothing new under the sun . . .
"They encourage themselves in an evil matter: they commune of laying snares privily; they say, Who shall see them? They search out iniquities; they accomplish a diligent search: both the inward thought of every one of them, and the heart, is deep. But God shall shoot at them with an arrow; suddenly shall they be wounded. So they shall make their own tongue to fall upon themselves: all that see them shall flee away. And all men shall fear, and shall declare the work of God; for they shall wisely consider of his doing."
Psalm 64:5-9
"But the LORD thy God shall deliver them unto thee, and shall destroy them with a mighty destruction, until they be destroyed."
Deuteronomy 7:23
"Surely thou didst set them in slippery places: thou castedst them down into destruction."
Psalm 73:18
Proverbs 21:1 "The king's heart is in the hand of the LORD, as the rivers of water: he turneth it whithersoever he will."
On another note
Today was very difficult. It was the first time I had to go out and pick up branches after the recent storms. With over 80 trees you can't let it get ahead of you. Mike and I both avoid going outside by the barn unless leaving the property. It's still very painful. The horses are gone, our precious little ones are gone now too; and the tractor used to maintain the property is gone. That on top of the fact that we don't even know if Chase Home Finance will be foreclosing on us before this matter is concluded makes it very hard to do anything.
Our attorney did send a letter to Chase's legal department and to the local law firm handling the foreclosure. (see letter here). It is not the first time he has gone to Chase in an effort to get them to work with us; but they just don't care.
Over a year ago I spoke with Chase's representative, Rod Reuscher, from their legal department. I shared with him all of the issues with the property, the fact that it had been devalued to $0 by the county, etc. I sent him all of the evidence to support the claims and explained to him that Chase would end up taking a property that had no value. I pleaded with him to work with us through our attorney on this, that we would guarantee a lien to Chase at the end of the case so that they would receive payment due. But, as mortgage lenders go; Rod's response was simply that Chase was a big company and they wouldn't feel it. He went on to remind me that we had an obligation to our mortgage loan contract. When confronted about the fact that our mortgage loan was presented to us under fraudulent circumstances, which was the reason we were engaged in a civil suit; Rod went on to explain that it had nothing to do with our obligations to Chase Home Finance as they were not a party to our suit or involved in our escrow.
May God show Rod and Chase the same mercy that they have shown us.
MISSED YOU IN THE PASTURE TODAY BELLA
