Wednesday, August 31, 2011

OUR STORY Part 51: NO OVERSIGHT, NO ACCOUNTABILITY, NO CONSEQUENCES

In a recent telephone conversation with our local U.S. Senator's office, we discussed the issues surrounding the numerous erroneous flood determinations that were done on our property during the escrow process; again, non of which were ever provided to us by any of the parties involved. As mentioned in a previous blog, the Seller's Disclosure stated "Not in 100 Year Flood Plain" and our HUD documents presented for signature at closing included page 60; a "Flood Certification" which stated that the property was not located in any Special Flood~Hazard area.


We discussed with the representative the fact that FEMA lists flood determination companies on their website; and that these mortgage lenders, realtors and appraisers use these same companies via cheap online determinations which make reference to FEMA Firm Map Panels.

I went on to explain to him that our concern is the fact that by using a zoom in/out feature and leaving the process of the flood determinations in the hands of those who ultimately make a financial profit upon the successful close of the real estate transaction (as in our case) leaves the buyer's subject to potential deception and fraud through inaccurate determinations. An example is the difference between the determination obtained by Chase Home Finance  in 2008, a year after escrow closed; and the determination obtained by the Appraisal Company picked by our mortgage broker during escrow.

All of the sudden the lights went on and the representative said "Well that sounds like fraud!" With a sigh of relief my husband and I finally felt that someone was "getting it."

We were asked if we would send over the flood designation timeline scenario and supporting documentation for the Senator's office to present to FEMA, and within about 24 hours it was done! The contents of our email is noted below with some personal redaction and/or abbreviations made.

Nonetheless, as has been the case over the past three years; we would once again find yet another entity respond with a brush off. The reality here is simply that the federal government mandates flood insurance from homeowners while failing to implement any oversight or accountability to those agencies that are making the determinations; even though ALL of these agencies reference a FEMA Firm Map panel to support and justify their determinations.

So how can that be? As a flood determination company they have the liberty to reference a FEMA Firm Map panel as authentication and/or "proof" of their designation and nobody, NOBODY is ensuring to see that their procedures and findings are accurate? Is it possible for a 10 year old house and 5 acres with 80 plus pecan trees to slip in and out of a flood zone? Perhaps heavy winds are responsible?

Here is the bureaucratic response we received from FEMA. I don't have the ability to scan this right now so I will type, verbatim (excluding header logo):
August 22, 2011

The Honorable John Cornyn
United States Senator
Providence Towers
5001 Spring Valley Road, Suite 1125E

Dear Senator Cornyn:
Thank you for your August 4, 2011 inquiry on behalf of your constituents, Michael and Annette Daniel. In correspondence to you, Mr. and Mrs. Daniel asked if the Federal Emergency Management Agency (FEMA) had any jurisdiction over flood determinations and flood determination companies.
The Federal Emergency Management Agency (FEMA), according to federal law and regulation, has no regulatory authority or any jurisdiction over private flood determination companies. The growth of flood determination companies and the service that they provide grew from the requirement that lenders are to determine if a structure/collateral is located within a Special Flood Hazard Area (SFHA.) If the determination places the structure in the SFHA, then flood insurance is required as a part of the loan requirements. The burden to accomplish the determination was placed on the lender. Many lenders today contract with flood determination companies to provide this service. FEMA has placed the list of flood determinations companies strictly as an informational source to citizens, lenders, insurance agents and realtors.
We hope that this information is helpful to you in addressing Mr. and Mrs. Daniel's question.
Sincerely,
Philip Beasley, Director
External Affairs


I guess it's kind of like telling us that they aren't legally married, just having an affair. You know..."Your links can sleep in our bed and our Firm maps can sleep in yours; we just don't want any real commitment."

I have a new question for FEMA; 
What happens to those unsuspecting victims of mortgage / real estate fraud, such as us; who unknowingly purchase a home in a flood zone? Those who have a flood determination stating "IS BUILDING / MOBILE HOME IN A SPECIAL FLOOD HAZARD AREA(ZONES CONTAINING THE LETTERS "A" OR "V")?... NO"; and have a formal HUD "Flood Certification" asserting that the house is "Not in any Special~Hazard Flood Area."
Is FEMA going to deny them assistance in a natural disaster flood?

The bottom line here is that FEMA did not directly address our concern of abuse of FEMA Firms being used to endorse the determination companies findings. Our concern includes the fact that these flood determinations have a section which makes reference to a FEMA Firm Map Panel number specific to a property/area. The use of such infers that FEMA's data is "supporting" and/or "authenticating" the results of the determination. If you are going to allow the use of a FEMA reference then shouldn't you be overseeing the ethics and validity of those using such to determine whether there is a misuse in their findings? Does FEMA make any money off of these flood determinations i.e. registration fees paid for listing them on their website?

Our HUD statement notes that we were charged $25 for a flood determination that lied. A determination process that is subject to human error; and apparently in our case to the unethical manipulation of misinformation used in order to move our house out of a flood zone. Of course, that would only last for approximately one year until the next flood determination was initiated by those who weren't trying to make commission on the "sell" of a house.


DATA PROVIDED TO FEMA:

HISTORY OF FEMA FIRMS
FLOOD DETERMINATIONS DURING ESCROW

09/27/91 - FEMA Firm Map Panel #4805201050-B
Property Located in “100 Year Flood Plain” 
Special Flood Hazard Zone (Zone A)
Parker County requires “Flood Permit” and issues one for $50.00 without required flood study done and Base Flood Elevations (BFE) determined. To date, there is still no legal and/or completed elevation certificate issued on this property.

See attachments:
·      001 – 1997 FEMA Firm
·      002 – DKB Surveyor recorded plat for Reata Estates
o       See note on “Flood Plain Restrictions”
·      003 – Parker County “Food Permit” and incomplete elevation certificate.
·      004 – Email correspondence with Parker County Flood Plain Administrator, KF. Mr. F testified in trial. Mr. F was the first person to bring to our attention the issue of the elevations not being correct and the certificate incomplete. He provided us with the attached. Original engineer has nothing to provide to us from files per surveyor. County turned a blind eye with a house built on a designated drainage easement in a flood zone!


08/21/1998 – Original survey of property
·      021 – Survey showing “proposed easement” going around house.
·      According to surveyor, DKB Associates; the proposed easement was denied by Parker County Commissioner.  Still, sellers’ Realtors provide unrecorded “Release of Easement” during escrow.
·      KF, Parker County Flood Plain Administrator whose signature appears on this document testified during trial that the “release of easement” was not recorded, nor was it related to our property or the drainage easement under our house.


04/28/2003 – 2nd Survey done on property during sellers’ refinancing in 2003.
·      Notes drainage easement was never moved.
·      Not provided to us by Realtor. Only the 1998 survey was sent with proposed easement and unrecorded “release of easement.”
·      We were asked to go with a “recent” survey in lieu of procuring a new survey which may have impacted escrow timelines. We were told newer survey was recent enough and no changes to property (i.e. fence/property lines, improvements/buildings, etc.)


9/05/2007 - Email of warning from potential buyer’s Realtor to sellers’ Realtors regarding “non-disclosure” and potential lawsuit by next buyers.
See attachments:
·      020 – Email dated September 5, 2007
o       Potential buyer just happened to be a local “engineer”.
o       Email was sent to sellers’ Realtors just days before we put an offer on the property, September 11, 2007.
o       Author of the email was deposed.


IN A FLOOD; IN FLOOD ZONE A
WRS Mortgage does first flood determination on property which comes back “in flood zone A” and apparently notifies buyers’ Realtor, who in turn goes to sellers’ Realtors looking for something that will show house is not in flood zone.

See attachments:
·      005 – Landsafe Flood Determination dated 9/13/2007


9/17/2007 – Email correspondence from sellers’ Realtor to Title Escrow Officer

See attachments:
·      015 – Email dated 9/17/2007
o       Email acknowledges property is in flood zone
o       Email acknowledges drainage easement concern
o       Email is copied to Realtor’s partner who is the actual listing agent.
o       Neither produce email during litigation discovery. Email shows up approximately 9 months after their depositions are taken in a subpoena to title company.


9/17/2007FIS FLOOD DETERMINATION
NOT IN A FLOOD ZONE, IN ZONE X
RM (son-in-law of seller brokerage firm owners [names redacted]) is asked to do a favor by sellers’ Realtors who are the #1 top producing agents C21 and in Parker County for several years. RM is asked to acquire a “fix it” flood determination; and does so using the sellers’ old mortgage account information without the sellers’ knowledge and/or permission per sellers’ deposition. According to FIS attorney (now LPS National Flood) FIS determination was done “manually.’

See attachments:
·      006 – FIS Flood Determination dated 9/17/2007

9/18/2007FIRST AMERICAN FLOOD DETERMINATION
NOT IN A FLOOD ZONE, IN ZONE X
WRS obtains this second flood determination after being provided with a copy of the FIS Determination using our mortgage information in order to satisfy escrow process using our loan information. FIS has sellers’ loan information on it.

See attachments:
·      007 – First American Flood Data determination dated 9/18/2007
o       This was provided to us for the first time via Chase Legal Dept. in February 2009.
o       According to Rod Reuscher, Chase Home Finance; the file included HUD Flood Certification and copy of First American Flood Data determination, both stating “NOT” in a flood zone. Chase was never provided or made privy of the Landsafe Flood Determination dated 9/13/2007 which truthfully determined the house and property in Flood Zone A.
·      008 - Note that the HUD documents statement notes the Landsafe Flood Determination when that determination was tossed and replaced with the First American Flood Data
·      009 – HUD Document “Flood Certification”; Not in a flood zone.

9/26/2007 – Fax from Title Escrow Officer to Surveyor
See attachments:
·      016 & 017 – Fax requesting surveyor to “order a legal on drainage easement” per Sellers’ Realtor. However, the sellers’ Realtors had already produced an alleged “Release of Easement” to satisfy mortgage lending process.
·      018 – Title officer’s fax requesting a legal on the drainage easement is dated and sent 13 days after the unrecorded “Release of Easement” has already passed through our Realtor to the mortgage broker.
o       KF, Parker County Flood Plain Administrator whose signature appears on this document testified during trial that the easement was not recorded, nor was it related to our property or the drainage easement under our house. KF was not the flood plain administrator at that time, PTN was.

10/16/2007INTRA FLOOD SERVICES
NOT IN A FLOOD ZONE, IN ZONE X
Part of the “Performance Appraisals” appraisal of the house done on behalf of WRS. Appraisal done not using comps of homes built on designated drainage easement and in flood zone A.

See attachments:
·      010 – Appraisal dated 10/16/2007


05/06/2008 – DE Engineering Flood Study of Devon Well-site
DE was requested to do a flood study on the well pad site behind us as a result of flash flooding on our property during a storm on April 17, 2008.

See attachments:
·      011 – DE flood study report dated 05/20/2008
·      012 – DE overlay of FEMA Firm maps showing flood characteristics of 127 Rodeo Drive.


09/26/08 - FEMA Firm Map panel number 48367C0325E
Property Located in “100 Year Flood Plain”
Special Flood Hazard Zone (Zone A)

See attachments:
·      013 – FEMA Firm panel dated 09-26-2008 (Note second panel has a red square where property sits.

09/26/2008QUANTRIX, LLC
IN A FLOOD; IN FLOOD ZONE A
Quant Appraisals (On behalf of Chase Home Finance)

See attachments:
·      013 – FEMA Firm panel dated 09-26-2008
o       Note second panel has a red square where property is located.

IN CLOSING:
FEMA has a page on their website where they list these determination companies with link or contact information. (Click here.) Although they state they do not endorse them, they refer to them and do mandate that determinations be done in order to enforce the “National Flood Insurance Program” or NFIP. (Click here for info on the NFIP.)

Attached is item #015 which is a letter that was sent from “in-house” legal counsel for Landsafe Flood Determinations to our attorney. We non-suited Landsafe because their determination was finally produced and found to be the only one that accurately portrayed the flood determination of our property. I only share this because it may shed some light on the federal and state regulations.

Tuesday, August 30, 2011

OUR STORY Part 50: LIQUIDATION MELT DOWN

Its enough to be up to our ears in the process of liquidating our lives, but the heat just got turned up a few notches on Sunday with a phone call from Mike's mother.

We woke up to an anxious voicemail from my mother-in-law Sunday morning. When Mike called her back he spent just over a half hour discussing her concerns over making preparations for her death. She asked that we immediately investigate the matter of what to do with her belongings in the event of her passing and to help make any pre-arrangements necessary to ensure her cremation.

She has no known malady or immediate health concerns suggesting that this time is coming; however she's an aging woman who has decided that this must be handled this week. Perhaps she saw an infomercial by a funeral home, who knows. We just bailed her out of a nightmare life insurance deal in which she was scammed for a policy she didn't need and couldn't afford. It took us just over four months to unwind the deal  and get her a full reimbursement. They continued to ding her bank account for two months after Mike cancelled the policy. (sigh)


What are you going to do? We can't explain to her our circumstances since it would only add to her worries and anxieties over something she has no control over.

After getting off the phone with his mother, Mike turned to me with this pained look of exhaustion and said "honey, I need your help."

So for the past two days I have been spending hours on the phone, emailing and Googling in an effort to gather information needed for us to relieve her anxieties; and consequently, relieve Mike's recently added concerns of how his mother's wishes will be accommodated in light of our extenuating circumstances and financial demise.

It's not looking too good right now and I haven't been able to tell Mike or his mother yet. The last email response I received regarding Social Security benefits stated that:
Social security will pay $255.00 to a surviving spouse only as a one time lump sum death benefit.

Thank You, AJ
Unfortunately, it appears that the going rate for cremation ranges anywhere from $625 to $1,600 or more. I have had to read and learn more about cremation "packages" and the process than I ever wanted to know!

Research affirmed what we suspected; that her belongings probably wouldn't sell for enough to take care of things; including that of a lower cost cremation. A very reputable estate liquidation company said it will likely "cost" us to have her unit cleaned out, and that it was not cost effective for them to be involved with handling her estate. Perhaps we should clarify what an estate is...

"An estate is the net worth of a person at any point in time." (Source: Wikipedia)

While I have been dealing with cremation plans Mike has been spending his waking hours on the phone with Chase, their foreclosure law firm, and a realtor regarding trying to coordinate our exit timeline. He's been doing this while we both intermittently find ourselves taking a break only to be tossing and packing up more stuff for our estate liquidation sale.

We still don't know where we are going or how we will live. So exhausted.

Psalm 6

 1O LORD, rebuke me not in thine anger, neither chasten me in thy hot displeasure.
 2Have mercy upon me, O LORD; for I am weak: O LORD, heal me; for my bones are vexed.
 3My soul is also sore vexed: but thou, O LORD, how long?
 4Return, O LORD, deliver my soul: oh save me for thy mercies' sake.
 5For in death there is no remembrance of thee: in the grave who shall give thee thanks?
 6I am weary with my groaning; all the night make I my bed to swim; I water my couch with my tears.
 7Mine eye is consumed because of grief; it waxeth old because of all mine enemies.
 8Depart from me, all ye workers of iniquity; for the LORD hath heard the voice of my weeping.
 9The LORD hath heard my supplication; the LORD will receive my prayer.
 10Let all mine enemies be ashamed and sore vexed: let them return and be ashamed suddenly.







Sunday, August 28, 2011

MAY WE COME FORTH AS GOLD

Today it feels as though someone has piled cinder-blocks on my chest and the weight of them is crushing me beneath. My head and face ache most of the time, the strain over the past couple of days increasing. And yet through it all I look up at You my God and know in my heart you shall not forsake us. I know that I must work through this; "putting on my full armor," "taking every thought captive," and enduring to the end.

We can not see the light over the horizon as of yet, but we feel the warmth of Your presence and we know it is there, somewhere just on the other side of this. Some day there will be an answer as to why justice did not come as we expected it should or would. Perhaps this wasn't about those who wronged us at all; but about Your will to use this situation, putting the flames to our lives for Your glory and for the sole purpose of "the working out of our salvation." (Philippians 2:12-13)

No matter what, we shall not curse You; but even that is by way of Your grace.



Thank you for the song brother Nick.
God bless you. 
Mike & Netty

 

 But we have this treasure in earthen vessels, that the excellency of the power may be of God, and not of us.

We are troubled on every side, yet not distressed; we are perplexed, but not in despair;

Persecuted, but not forsaken; cast down, but not destroyed;

Always bearing about in the body the dying of the Lord Jesus, that the life also of Jesus might be made manifest in our body.

For we which live are always delivered unto death for Jesus' sake, that the life also of Jesus might be made manifest in our mortal flesh.

II Corinthians 4:7-11



Artist: Nick Mott
Artist Website:  http://www.fromabrokenheart.com/
Alt. Site: GodlyChristianMusic.com (free mp3 downloads)
Album: Journey (2008 - 2010)
Song: Why Am I Suffering

OUR STORY Part 49: THE SLIPPING AWAY AND THE NOT KNOWING

Well, time is ticking away and I feel like one of those movie scenes where the walls are closing in. There are moments of calm when in prayer or listening to a sermon with Mike.

Getting things out in preparation for the estate sale has been somewhat challenging to say the least. Knowing that everything that is being sold has a special memory attached to it. When Mike met me and came to my home he was stunned. I had no pictures or art of any kind hanging on walls. I never collected things or decorated. I never even had my own bedroom dresser. So Mike purposed in his heart to provide me with my first real sense of a place to call home.

Part of me just wants someone to rip the Band-aid off fast and get it over with. I just keep reminding myself that this life and it's treasures are so very temporary; and I pray that God's grace growing within me is building eternal treasures within my heart of greater humility, selflessness and purity in both purpose and motive.

As a child of God I am called to "put my hand to the plow and not looking back." (Luke 9:62) The only way to do that effectively is to keep looking forward. However, that's been a challenge in itself since we don't have a clue where God is taking us.

The wedding ring is gone now and that was very difficult. Not because I care about jewelry, but there is this part of me that is afraid if I where to lose Mike then there will be absolutely nothing left of us and I will implode. Mike is my hero, the love of my life and my best friend.

When Mike proposed to me we were up at Big Bear Lake for a weekend staying in a condo for free that Mike had acquired through a trade. We had our poles out on the lake shore and he pulled out the ring like a fishing lure. A moment I will cherish forever. Mike often commented that he "caught" me with that lure; but the truth of the matter is that I am the most blessed woman in the world to have him as my husband. When Mike took me as his wife, he took on the huge task of mending a very broken being.

Now the home and life we have built together is being completely dismantled; and if he were to be taken away there would be nothing left really to hold on to of him. I don't want to come off as overly dramatic, but this topic has of late been a part of our discussions as Mike has struggles with the issue of having little option left but to cancel his life insurance policy premiums; being concerned over my well-being if anything were to happen to him. All I care is that we continue to grow old together. I know that he struggles inside with thoughts of failing me in life, and consequently in passing should I not have the security of a policy.

Well, that's the last I can speak on that topic. What's done is done, and for the sake of God and my family pressing forward is a must.  When having to deal with the unpleasantness of each decision we try to regroup as quickly as we can in prayer and meditation on God's promises and the real purpose of our lives; to worship and bring glory to Him.

I have these conflicting moments of assurance that God must have something wonderful awaiting us at the eleventh hour, and that this is all just serving to grind away fear and confidence in the arm of our own flesh. For His Word says "I will never leave thee, nor forsake thee." (Hebrews 13:5) and "But my God shall supply all your need according to his riches in glory by Christ Jesus." (Philippians 4:19

But then again Jesus Christ said "For the poor always ye have with you; but me ye have not always." (John 12:8) And as I read "I have been young, and now am old; yet have I not seen the righteous forsaken, nor his seed begging bread." (Psalm 37:25) I ask myself, LORD am I righteous? Have I, or have we failed You somehow? We have lived our lives seeking His will and receiving His chastening as best we know how, but are there blind spots of which we are unaware?

With each blow over the past several years  we have purposed in our hearts to stay faithful to Him no matter what. Is it the "no matter what" that is still being tested? Will we past this test faithfully giving glory to God in our response to the unknown?

I don't know what our tomorrows have in store for us. All I can see right now is that I am still here in my home. I know where my tooth brush sits, and the dogs know their favorite napping places. There is the fading comfort and familiarity of our daily routines; a surreal sense of feeling it all slipping out of our grasp.

Again, I know there are others who have it worse; but that doesn't make it any easier for us to go through this. We don't want pity, we just seek God's grace to carry us through.

I found our wedding song put to video lyrics and thought I would post it. It isn't a Christian song, but speaks to who and what my husband meant to me when God blessed me with this precious man.

Thank you for loving me Michael.




Saturday, August 27, 2011

PRAISE YOU IN THE STORM



"Praise You In This Storm"

I was sure by now
God You would have reached down
And wiped our tears away
Stepped in and saved the day
But once again, I say "Amen", and it's still raining

As the thunder rolls
I barely hear Your whisper through the rain
"I'm with you"
And as Your mercy falls
I raise my hands and praise the God who gives
And takes away

[Chorus:]
And I'll praise You in this storm
And I will lift my hands
For You are who You are
No matter where I am
And every tear I've cried
You hold in Your hand
You never left my side
And though my heart is torn
I will praise You in this storm

I remember when
I stumbled in the wind
You heard my cry to you
And you raised me up again
My strength is almost gone
How can I carry on
If I can't find You

But as the thunder rolls
I barely hear You whisper through the rain
"I'm with you"
And as Your mercy falls
I raise my hands and praise the God who gives
And takes away

[Chorus]

I lift my eyes unto the hills
Where does my help come from?
My help comes from the Lord
The Maker of Heaven and Earth

[Chorus x2]

A FATHER, A LITTLE BOY, AND FORECLOSURE ~ Updated

Steven Alexander Cross, 60
I came across this story last night and my heart sunk on many levels. First, for a little boy whose life just changed forever as a result of the abandonment of his father. Secondly because my husband and I understand the desperation of this father; losing his home and having to sell all of his belongings. Fearing for the safety and well-being of his child. In a note he left behind to his 11 year old son, this father wrote:
If this paper is wet it’s because I am crying so bad. You know your dad loves you more than anything,” the letter said. Elsewhere he wrote: “There are many, many great years ahead for you. Not so for me.
Granted, we don't know all of the particulars of this man's situation, and what future news reports will unveil. And of course we do not agree with the abandonment of his young son; but we do completely understand the impact of his circumstances in having his struggle at 60 years of age; his life dismantled through loss of employment, the selling of all and losing his home through foreclosure. We pray this man is still alive.

My husband and I have endured a few backhanded words of encouragement in the form of "There are others worse off than you, keep your head up!"; as though a starving child over in Somalia lessens the impact of the devastation going on right now in our lives in middle-class America. Perhaps implying that we have no reason for battling depression or hurting during this difficult time. 
"But whoso hath this world's good, and seeth his brother have need, and shutteth up his bowels of compassion from him, how dwelleth the love of God in him?" I John 3:17

Michael Daniel, 60 (Oct. 2011)
We completely understand that there are individuals who are suffering greater tragedy than we are. But does that mean we are to turn a blind eye to those who are hurting right here in our own country and local neighborhood communities?

When someone makes a comment such as the above; are they even engaged in reaching out to those starving children in Somalia; or is it simply just a means by which they are able to justify their inattentiveness to the cries around them from those hurting whom they come to know or hear about?

It is undoubtedly true that there are many others out there who are worse off. Consequently, it doesn't appear to be any of those few unsympathetic who have recited this cliche. Sadly, we fear that many middle-class, middle-aged victims of fraud, foreclosure, and/or unemployment in America are being unfairly categorized as the "presumed" privileged who somehow are undeserving of sympathy and somehow deserving of a lesson or rebuke through financial devastation. Many of whom have succumb to a fatal sense of hopelessness.
"Whoso stoppeth his ears at the cry of the poor, he also shall cry himself, but shall not be heard." Proverbs 21:13
This blog is not just about us, but us all and our need as professing Christians to continually allow God to reveal the condition of our hearts; our prejudices, fears, enviousness of others, selfishness and covetousness. And our need to look beyond the age, class and any prejudicing external facade so that we are available to be used by God in any fashion He desires of us to reach out to the broken and broken hearted. Sometimes the call may simply be that of one to fast and pray for another; to be available to read between the lines a silent cry of despair.

We all may not have money, clothing, shelter or food to hand out; but we can surely find some time to pray or to reach out and listen to those God draws across our path. Of course, that is if our priorities are in check and we aren't to busied with the pleasures of this world.

There but for the grace of God go we all.

Matthew 25:34-40

 34Then shall the King say unto them on his right hand, Come, ye blessed of my Father, inherit the kingdom prepared for you from the foundation of the world:
 35For I was an hungred, and ye gave me meat: I was thirsty, and ye gave me drink: I was a stranger, and ye took me in:
 36Naked, and ye clothed me: I was sick, and ye visited me: I was in prison, and ye came unto me.
 37Then shall the righteous answer him, saying, Lord, when saw we thee an hungred, and fed thee? or thirsty, and gave thee drink?
 38When saw we thee a stranger, and took thee in? or naked, and clothed thee?
 39Or when saw we thee sick, or in prison, and came unto thee?
 40And the King shall answer and say unto them, Verily I say unto you, Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me.
For those out there who think that some deserve their demise, beware lest ye forget the admonishment of the wise King Solomon. Our lives are but a vapor and we will be judged in the same manner in which we judge another (Matthew 7:1-5):
"Rejoice not when thine enemy falleth, and let not thine heart be glad when he stumbleth:" Proverbs 24:17

Steven, 
This is for you. 
We wish we knew where you were. 
You and your son are in our prayers. 
Know that you are not alone and
that we and God love you. 
There is always room for one more in the boat.
Mike & Netty


More on this story:
Minnesota Dad Leaves Son Behind in Foreclosed Home

Man Abandons His 11 Year Old Son At Foreclosure

UPDATE: FATHER LOCATED LIVING IN CAR
Missing Lakeville Dad Returning to Minnesota

Friday, August 26, 2011

CHAPTER INDEX

  
"But lay up for yourselves treasures in heaven,
where neither moth nor rust doth corrupt,
and where thieves do not break through nor steal."
Matthew 6:20  



































OUR STORY Part 30: A HOLE IN OUR HEARTS

OUR STORY Part 31: UNITED THEY STAND, DIVIDED THEY FALL?

OUR STORY Part 32: THE LITTLE CADET THAT COULD

OUR STORY Part 33: A CALL TO OUR SENATOR

OUR STORY Part 34: HAVE A GOOD WEEKEND

OUR STORY Part 35: ROLLER COASTER MONDAY

OUR STORY Part 36: YEARS OF SURMOUNTING STRESSES

OUR STORY Part 37: AWAITING A VERDICT

OUR STORY Part 38: UNCOMFORTABLE COINCIDENCES

OUR STORY Part 39: APPEALING FOR HELP

OUR STORY Part 40: ENCOURAGING NOTE FROM A BROTHER

OUR STORY Part 41: SUFFERINGS, NOTHING NEW FOR THE SAINTS

OUR STORY Part 42: FORECLOSURE SALE DATE

OUR STORY Part 43: THE LIQUIDATING OF OUR LIVES

OUR STORY Part 44: BATTERY NEEDS RECHARGING

OUR STORY Part 45: A REALY BAD NIGHT

OUR STORY Part 46: THE PARALYSIS OF STRESS

FIGHTING FAINTING

A WORK IN PROGRESS

OUR STORY Part 47: MORE ROAD BLOCKS

OUR STORY Part 48: ALAS, PULLED UNDER BY THE CURRENT

WATER RUN OFF AFTER ONLY 1-1/2 INCHES RAIN

WATER FLOW COMES FROM NORTH, EAST AND WEST


dfwmapsAerial-Contour


OUR STORY Part 48: ALAS, PULLED UNDER BY THE WEIGHT OF IT ALL

The estate liquidation sale has been scheduled and Duke's photographs have been circulated in an effort to find a new home for him if we are left without a choice. I hate this and neither of us want to lose Duke. We will fight to the end to not have to let our little buddy be taken from his family. I was up most of the night lying in bed crying while I could hear him at the window sill having his night time visit with our resident raccoon. Its been a regular event for the past several weeks. The little raccoon comes to the window and gets up on his hind feet, Duke wagging his tail as the press noses up at each other against the window.

We turned the sprinklers on for the birds today as usual and it hit me real hard. I just had to come back inside. The emotional defense mechanisms are falling into play and I find myself trying to detach from habits that will soon be ripped away. It hurts deeply wondering if someone is going to tear everything down including the nesting areas, perhaps giving no consideration that this land is home to so many of God's creatures. They have been a very important part of surviving these past few years, especially after Prince and the little ones had to go to rescue.

God provided some very precious moments that touched both Mike and I deeply. For me it was a much deeper matter of healing the very broken little girl inside that has longed for peace and safety. After a very traumatic life of violence I was to have it, and finally a secure home away from that which caused me so much pain.

Mike calls the backyard "Netty's home to all woodland creatures." He would often joke about the fact that I wanted to bring them all inside, bugs n birds; knit them sweaters and give them a bed to sleep on. It's true! I would not let him kill a spider or the wasp that stung me in the bathroom. The rules were clear, you had to go grab the jar in the kitchen and transplant them outside in the bushes. Mike even scooped up a scorpion one day, taking it in a jar and driving him up the road to be released along with a nasty looking and cantankerous red butted spider.

I was the daughter who always showed up with some creature or stray animal. One year neighbors couldn't believe that my Dad made me a full sized china cabinet with safety glass panels, a heat lamp, and a ladder for the now six foot long Iguana I had raised from a baby.

I always disliked the Southern California lifestyle growing up. It just never fit me; and as I grew up I continued to long for the country life, having no interest in going to shopping malls, acrylic fingernails, spa treatments or luncheons at nice restaurants with the girls. Nah, I'd rather be growing a garden, playing in the garage or cleaning stalls. I just couldn't believe it when we actually put our home on the market and began to make plans to move out of state. Since I can remember I have wanted to be in Texas. Finally, TEXAS!

We prayed and were so blessed when our condo sold so quickly in a very difficult buyers market. The woman who purchased our home was concluding a very difficult divorce involving sensitive issues. She was very much in need of help and as a fellow sister in Christ we were anxious to reach out to her. We worked with her on the price of the condo and donated our refrigerator, washer and dryer, bedroom set, dresser for her daughter and a school desk. We also had some trade available in the form of an all paid two weeks stay in the High Sierra Nevada mountains in a lovely trailer that would be delivered to a campground. We had produced a series of commercials for a company called Adventures In Camping in barter exchange for the two week vacation which we gifted to our buyer and her daughter for a surprise vacation get-getaway of healing.

Everyone was so excited and blessed at the life transitions taking place. She was starting a new life and so were we. We all prayed together and have stayed in touch through email and snail mail.

Mike would be moving back to his home state and I was on a mission to set up the meeting between he and his birth father. And of course, I would now finally be safe; no longer afraid to answer my front door or deal with panic attacks in fear of running into my abuser. Our Realtor here in Texas knew of my situation and seemed sympathetic as she related similarities. I prayed with her on the phone about her work load and upcoming potential sale and we had plans to go to dinner with she and her husband at a popular Mexican restaurant, Julio's, once we had settled in. There were also plans to go see our first cutting horse competition and our Realtor's cat fish pond. We didn't just have our new home and life waiting; we also had new friends waiting for us in Texas!

People may have thought that five acres was extravagant, but this was actually downsizing for us with regard to our mortgage. The market value of our town home was about $150,000 more than this property, and the property taxes were relatively the same as were the association fees. The outdoor time spent working the property was a welcomed change of increased physical activity for us city folk. We had a back-up property we were looking at as well, which was a little smaller horse property in a community with a small lake.

We arrived with a scheduled meeting with the Fort Worth Convention Visitor's Bureau on the calendar and we weren't here very long before we had our big presentation at their office. Plans for a campaign went on the back burner as communication continued.

A new client in a posh desert community back in California was on the books with a multi-property buy set to go forth in our first radio and television campaign extending from Santa Barbara to San Diego, incorporating top stations throughout these regions. 

We had several fires in the oven in Fort Collins, Colorado and other areas and were doing very well, but then it all broke loose and within just a few months of moving in to our dream home came a natural gas pad and flash flooding. A few months later the FEMA map revision hit which resulted in the the unexpected burden of a mandated flood insurance policy of approximately $6,200 or so a year on top of the regular policy. And of course we now had the unexpected burden of an unplanned tractor payment which we finally succumbed to as the waterflow created so much erosion and debris that we just couldn't handle with a mower and wagon.

Consequently, with all of this also came sleepless nights and physical stress; both of which have been constant and steadily increasing since April 2008. Through this all, our $80,000 cash down payment has been locked into a mortgage on a house appraised at $0 and land reappraised at $25,000.


We conducted the buy with our new California client and were scheduled and working on preparations for another larger campaign that was going to include partnering with Alaska Airlines; the campaign reaching up as far as Northern California and Washington. But the storms, stress and circumstances at home dealing with the ongoing flood issues prevented us from being able to travel. The next thing we knew we would receive a call from one of our media partners at the #1 radio station in Los Angeles telling us that our new client had simply decided to go behind our backs; taking our unique barter advertising program (intellectual property); going off by themselves behind our backs to all of our media partners in an effort to make buys without paying our commission. This was in violation of our verbal and written contract, but what could we do? We were already overwhelmed with the real estate fraud issues and problems with the property so we had to pick and chose our battles.  

Next the economy began to plummet, and with it the leisure travel industry and budgets for advertising and marketing took a huge hit. Little by little our budgets would dwindle and we would work tenaciously seeking after new opportunities within and without Mutual Advantage, a business my husband has run successfully for over 28 years.

NettyWebsites.com was one of our small back up ventures, and a portfolio was developed creating websites for several non-profit organizations and our own attorney. None paid and some even dragged their feet on reimbursing our out of pocket expenses.At the same time I also sought out opportunities within the litigation field where my expertise was focused over the past several years, running my own successful corporation which specialized in preparing cases for trial and handling the electronic presentation of exhibits and deposition transcripts/video amongst other things in the courtroom during trial. Nothing was happening.

When I began my business I was one of the most sought after litigation vendors in California providing a new cutting edge service; the very first to bring this technology in to many of the complex litigation court rooms. But law firms caught on and insurance carriers began demanding that much of the data services be outsourced to India and other countries to cut budgets. In addition, law firms began in-housing the type of services I provided in order to become full service vendors to their clients. Some of them even used me to train their paralegals. Trained myself right out of work!

The stress of everything hitting us left and right was momentous and my blood pressure began to be at issue along with the sudden reoccurring of seizures. A survivor of a stroke back in 1997, I was diagnosed with a small lesion on my front left temporal lobe and treated for several years with anti-seizure medications until I began improving. But about a year after the move here the stress began to overwhelm us and I again began to have seizure activity and many bad falls; consequently suffering multiple lacerations and a very bad concussion. Mike played doctor on each occasion for lack of medical insurance. It got so bad at one point that Mike wouldn't let me out of his sight for fear that I would get hurt and he wouldn't be there to take care of me. I was stubbornly independent on occasion only to show up at the door bleeding and crying for doctor Mike to patch up.

We had some great goals set, but with the stressful consequence of each delay of our lawsuit we could never seem to get our feet back on the ground, and we couldn't get at our only savings locked into the down payment on our home. The snowballing circumstances were beginning to take us down hill with greater force. We were now paying more monthly than we anticipated on a mortgage and flood insurance along with the tractor payment and yet couldn't sell or refinance our house. The truth about the flood characteristics and drainage easement issues were serious issues and cloud on title.

We now had a house devalued to $0, and the ethical duty to fully disclose to any potential buyers not only the flood characteristics and drainage easement, but the truth about the experiences we were dealing with from storm runoff and the consequential impact and the very costly FEMA mandated engineering study and remedy required per the County Flood Plain Administrator and a FEMA representative.

The stress only increased with the pressure of knowing that without possession of the house we would lose footing with regard to our civil litigation in the recovery of damages; our entire life savings plus flood insurance and other expenses.

We've been asked what hit us hardest, the real estate fraud or the economy? The answer simply put is that the impact of this real estate fraud case has been the overwhelming complex stress factor in our lives financially, physically and emotionally for over three years. It has impacted our ability to focus on our business and travel. Moreover, it has been almost a full-time responsibility in commitment of research and preparation involving our TREC complaint, FEMA, the County Appraisal District, etc. Add the issues involved with the actual property during and after storms and our plates where quite full with flood zone issues.


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I can tell you without reservation that had we not had the dynamic of this fraud and our property issues we would have had more time to focus on our business and personal lives. We have a proven record as two very successful, skilled and very resourceful individuals; we just never seemed to get a break and be able to catch our breath. And resume's have received no response; perhaps due to our age and/or lack of a competitive college education. It has been like trying to swim against the current with this extra 200lb anchor attached.

Sure the economy hit us and everyone else pretty hard, but we were never pre-approved for a mortgage PLUS an additional monthly mandated flood insurance; approximately a 25% increase to our monthly financial obligation. 

So today we are tearing down our lives and sorting through anything and everything that can be sold at our estate sale or a small fraction of the value and amount we spent on these items. We have to get rid of everything because we won't have room for anything more than our clothes, some books and select few items from our kitchen.

Depending on what the estate sale brings we may or may not have a means to have somewhere to sleep together. We won't go to a shelter and be separated no matter what. We just want our little Ricky and Lucy trailer, each other, and a means to support our meager little lives.

Humble acres is gone. The wedding ring is at the dealer's. The battle is over and the locals seem to have won. We've been run out of our dream home by locals and the effective delay tactics of their insurance funded defense firms.

We need a miracle right now; and are very much in need of healing.




Thursday, August 25, 2011

OUR STORY Part 47: MORE ROAD BLOCKS

So I've been sending out resumes for us both up where a sister and brother in Christ live. They are going to help us with showers, laundry and meals until we can try to find a job maybe flipping burgers or whatever we can do.

Just so many roadblocks. We listed our truck on Craigslist as well as contacting a few dealerships in an effort to try and trade out our truck for an older truck that can pull a trailer so we can have a temporary home and stay together as a family. We can't stay at our friends because of their association rules in their trailer park. They went to the manager and got the bad news. We could stay with them a few days but that's it. I think it took her a couple of days to be able to bring herself to break the news to us.

We talked about maybe finding a tent we can use up on the lot up there, but the cold rainy season is coming and before we know it we would have big problems. So much to think about.

It's not as easy to sell a truck in Texas as we thought. The good news is that it's truck country; the bad news is that it's truck country and everyone seems to either own one or is selling one.

The dealerships I called would buy ours back but we wouldn't make enough to get a new tandem bicycle. We only have the one vehicle so we have to somehow figure out what we are going to do. At least to get us up to our friends so we have help. I thought that maybe a dealership would want our truck because of the really low mileage; and perhaps just swap us out for an older model. We don't need anything nice just reliable. Pretty good idea eh? Mike sat me down and kindly explained the dynamics of the auto dealerships, trying to do so in a tender way so that I wouldn't feel so dumb.

Now I understand even more how it is that people end up living on the streets, and how they go so easily dismissed. You just keep losing everything. Little by little it all gets sold or taken away. And the funny thing is that people who know you begin to avoid you in the process of the dismantling of your life. I think it just either makes them feel uncomfortable; or perhaps they do not want to deal with the reality of the frailty of our lives, careers and possessions. I don't blame them necessarily. I don't want to deal with this either. Unfortunately, we don't have any choice in the matter right now.

It's just been me and Mike for the past year or so and an occasional Skype fellowship with our dear friend out of state who is praying we can get to them so they can help us.

I find myself looking at the calendar more often, trying to figure out how many days we have left, and staying up as late as I can so that the days somehow last longer. Dumb huh? I can hear here 'em now. "You aren't trusting God!" They have NO IDEA how much we have trusted God to get us through this; no idea!


We just got a call from the estate sale couple and they are coming to get my wedding ring to show a dealer. I don't care about jewelry but it is just kind of hard; I have a real sick feeling in the pit of my stomach but I can't let Mike know. I just go off into another part of the house when I get depressed and get my tears out. It's hard enough for him watching me sell my ring. He's supposed to take care of me and protect me. But how does a husband protect his wife from the evils of this world that are out of his control? No one knows how much Mike has done for me. He saved my life; and he loves me with all my imperfections, being many.

Sorry if the blogs are scattered now. Who knows, maybe I'm just talking to my self.

Father, pour out Your grace upon us please.

NOT IN A FLOOD ZONE?

GOOD BYE HUMBLE ACRES


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