The hearing was initially scheduled to address the new defense firm's "Motion for Summary Judgment"; which in essence is their attempt to get the case thrown out of court; and although none of their basis are strong, we can't presume to know what the arguments will be and how a judge will rule.
The course of this hearing took a drastic turn when we were finally handed over our new request for discovery from defendants. As I shared earlier; a very important email and fax surfaced when our Realtor's counsel subpoenaed records from the title company. This included an email from one of the sellers' Realtors sent to the title officer regarding the drainage easement and flood zone characteristics; giving her specific bullet line instructions on what needed to be done to remedy these issues "in order to sell it to us or anyone."
In addition to him not turning over this email during multiple discovery requests; his partner, the listing agent on the property, was cc'd on the email and also failed to turn over her copy of the correspondence during multiple requests for discovery.
Lastly, it appears that neither of these Realtors testified truthfully under oath during their depositions, probably assuming that the email would never come to surface. A key example of this is seen in that on September 16th, 2007, the sellers' Realtors submitted a "Release of Drainage Easement" to our Realtor and mortgage company; implying that the easement had been moved. However, the release was never recorded with the county, and just one day after providing this document to satisfy the escrow process, the sellers' Realtor sent off the email below to the title officer confirming that there was still a problem needing to be addressed. The email (redacted) can be viewed here by clicking on the document and the zoom feature.
On another note; the old Cub Cadet finally succumbed to its stressing belts and we had to send it off to a local mower repair shop. The grass is growing rapidly during this peak season of sunshine. Over $500 dollars to get the repairs needed just to sustain it through the season. Not mowing is not an option with Chase Home Finance monitoring our maintaining the property; not to mention we live in an association with its own required guidelines on homeowner maintenance.
Tree limbs are falling everywhere, some 10 feet long and others 5 inches in diameter. A burn ban is in effect so we can't begin reducing our mounding piles of downed tree limbs.
We're so tired and I'm noticing increased depression in Mike over the past couple of weeks. I pray this all comes to an end soon with some monetary recovery so that we can move on. It's no longer about just recompense, now it's simply about surviving.
