Sunday, January 30, 2011

OUR STORY Part 7: THIS LAND IS YOUR LAND, THIS LAND IS MY LAND

Aside from the small matter of our property being in the 100 year flood plain (flood zone A); and aside from that little inconvenience of our home being illegally built in a designated drainage easement; there was another little surprise.  No one, and most importantly our Realtor, felt it was of any importance to tell us that their was a natural gas drilling frenzy starting up in the area; and that the drilling frenzy was concentrated within an area known as the Barnett Shale.  Our property is located right smack in the midst of the Barnett Shale.

If you like popcorn, the next time you make a batch pay close attention to how quickly those kernels turn to popped corn.  That's about the speed in which natural gas wells are popping up in the Barnett Shale everywhere!  And although these wells are regulated to being 600 feet from a structure in some areas, in our area the rule is reduced to 200 feet from any structure.

The craziness had just begun and we were not here four and half (4-1/2) months when a natural gas rig went up just a couple hundred feet from our bedroom.  Our bedroom faces the drill pad site as well as the road used to access the drill site on a daily basis.

So, let me back track a little.  Our property was listed on the MLS as:
“Exceptional country home on 5 breathtaking ac.!”
“Nestled amid a canopy of gorgeous, tall Pecan trees,”
“…rare find!”
“…lush back yard”
Lot Description:  Cul-De Sac…Heavily Treed” 
“Gated entrance.  Subdivision (unnamed) Estates”
Well, it was exceptional for about four (4) months, until the drill commies arrived.  See you don't really own your land when you purchase property; you only own the surface rights and those can be taken from you as well.  If you have no mineral rights then the drill companies can take possession of your surface land for drilling and piping.  Your mortgage payments are not reduced, and you don't receive any royalties from the minerals piped out.  This is exactly what happened to our neighbors behind us. 

Mid April 2008 our neighbor contacts us and asked us to keep an eye out for drill commies who were trying to access his property.  Well, the did and the rest is history.  I have a photo journal of them cutting through our neighbors chains and locks, removing his gate and putting up their survey flag for the drill site.

About this time my elderly parents drive all the way from California to visit our new home.  The new drill pad construction had just begun with heavy truck traffic bringing in rock and water.  Construction workers were hanging along the fence line as well as their porta potty.  Our private paradise was now construction worker central.

When my parents pulled up the long driveway in their car they had big smiles on their faces, only to find their youngest daughter standing at the round pen crying hysterically.  They got out of their vehicle to see my horse bloodied and snorting.

My horse had slipped through a gate to the back yard after Mike had pulled out with the mower.  We had been grooming the lawns in preparation for my parents arrival. I was following my husband on foot picking up branches and heading over to close the gate behind him.  Mike pulled out with the mower when all of the sudden the horses came running in through the long gate (approximately 12 feet wide).

Once inside the back yard a truck carrying a load for the drill site had spooked the horses and all chaos broke out.  One horse going one way and the other headed towards the concrete decking and the house. Within minutes my 1300lb horse, Prince, had become confused and ran straight into the pool falling through the $2,000 (elephant proof) pool cover.  He became fully immersed under water as he was tangled in the torn pool tarp.  Twice his head became immersed with his eyes open in panic.  

Mike ran over and quickly unlatched the pool straps in an effort to save Prince from drowning; while at the same time trying to hold up his very heavy head above water.  Prince’s recovery took approximately nine (9) months.  Things were never the same and I lost him back in June of 2010 to a rescue because of the financial strain of our law suit.

My parents left after a few days of breathing dirty air and listening to the seventy (70) some semi truck passes a day; and the day after they left we had a horrible storm.  This storm would be the one that caused the first flash flooding on our property since closing escrow.  Needless to say, one thing led to another and we found out that we were living in a flood zone.

I can not begin to express to you what life is like living through the drilling and fraccing process involved in this natural gas nightmare.  The video posted tells our story somewhat, but it doesn't come anywhere close to the reality of the day to day noise and pollution.

Just recently they came back to frac the well head again in order to stimulate the drilling process.  The chemicals made it unbearable to go out side and I was seriously ill for a couple of days as a result; unable to carry on a conversation, nausea, shakes, burning eyes etc. Some have had it worse than us like the Ruggerios.

What adds insult to injury for us is the fact that the family of one of the Realtors in our civil case owns the lease to the gas well next to us.  The family also owns 50% mineral rights to our property.  The sellers owning the other 50%.  We are told that another four (4) to five (5) wells are expected to be drilled at the pad site behind us.  It won't matter much if we are foreclosed on and homeless.

"Prince, I am so sorry for what you went through.  Please know I didn't want to send you away and I miss you very much and our special carrot evenings."





OUR STORY Part 6: IT FEELS LIKE PSALM 73

Behold, these are the ungodly,
Who are always at ease;
They increase in riches.


Surely I have cleansed my heart in vain,
And washed my hands in innocence.
For all day long I have been plagued,
And chastened every morning
Psalm 73:12-14


Just when I think it can't get any more painful the milestone drops again and I feel the crushing force.  Tonight was surreal to say the least; our economic circumstances becoming critical as our adversaries go unpunished and are rewarded for their service to this world.

I couldn't sleep, again.  It's been the typical scenario for us for a few years now.  I end up going to bed about 2:30a.m. or so; and passing like ships in the night Mike gets up about that same time to come out and have a cup of hot tea while listening to a sermon on his IPOD.  He wears himself out until about 5:00a.m. or so and then comes back to bed.  And this is the routine on a good night.  Some nights are much worse for Mike, when he goes virtually days without sleep. 

This night was very special as I was unable to go to sleep until 4:30a.m.  Mike went to bed at 4:00am. Its very hard to explain.  We love God and know His Word is truth; yet at the same time we live in this fleshly body that is having to deal with this physical crisis.  We would both rather curl up in a prayer closet and never come out again until this is over, but that option is neither rational or available to us.

We don't discuss it much; but we have shared on a couple of occasions in some weakened emotional state how we worry about losing one another to the stresses of this case.  What can you do?  You do the only thing you know; get before God and lay out your cares and concerns before Him in prayer.  You build yourself up with the Word, and you just keep inhaling and exhaling.

The way I have been dealing with this has been through prayer, reading and, most recently the blogging of our story.  It gets difficult trying to explain it over and over to people; and Mike and I both have sensed the leading of God for the past year in authoring a book about our journey through this fire.  And of course; this is with the belief that at the end of it all we will be able to show others how much time and energy we wasted through the frailty of our flesh.  We pray to be able to share how all along God has had a plan to work out what is best for our call to serve Him here, and ultimately, our eternal souls.

Back to our story. . .

We purchased our home in November 2007.  After a series of events led up to our need to retain an attorney; we were advised by him to file a formal complaint with the Texas Real Estate Commission (TREC).  Okay, who are they?  Well they are the agency that oversees the education, licensing and behavior of real estate brokers, agents and such for the state of Texas.

So, just over two (2) years ago, November 11, 2008, we filed a complaint with TREC. The voluminous report was sent to TREC's headquarters in Austin via Certified Mail With Return Receipt Requested.  The report was submitted in a nicely labeled three (3) inch, D ring binder with exhibit tabs and a detailed indexing of the exhibits.  In addition to the exhibit attachments we painfully drafted an eleven (11) page chronology of events describing every piece of supporting documentation we had available to us at that time.

Since the time of our filing the report, many more pieces of damning evidence have been made available through a legal discovery process where all parties are required to produce their files.  This additional evidence along with deposition transcripts have been provided to the TREC investigator(s) by our attorney; all at our expense.

Our first investigator was apparently terminated by TREC; as related to us during a telephone conversation with TREC's office.  Subsequently, a second investigator was assigned to the case and spoke to us on a few occasions during which time we provided him with additional evidence and information via emails and faxes.

After being assigned to the case for approximately six (6) months, the second investigator reportedly retired before concluding his investigation.  We were never personally informed; however our attorney received a call form a third investigator.  Apparently this third investigator was a retired civil judge who was astounded that our investigation had gone on for so long.

Great, finally someone is going to take the bull by the horns and get this investigation completed!  Ha!!!

No investigation by this third investigator was ever concluded;  and during this time the trial against our realtor proceeded forward on September 10, 2010.  At the conclusion of this trial we successfully obtained a "guilty" jury verdict for statutory fraud, negligence and violations of the Texas "Deceptive Trade & Practices Act" (DTPA).

Jury verdict in and still no investigation is concluded.  Following the first trial our attorney contacts TREC and is told that yet a fourth investigator has been assigned to our case.

On December 20, 2010, and again on January 30, 2011, I searched TREC's "disciplinary actions" database and found there still had been no disciplinary action taken against our realtor who had been found guilty of statutory fraud and negligence just over four (4) months earlier, on September 17, 2010.  I did find several disciplinary actions against other Realtors similar to the one below:

Disciplinary Action "John Doe":  Revocation of salesperson license, effective September 30, 2010; Assessment of an administrative penalty of $3,000, entered September 30, 2010


Reason:  Failing to provide, within a reasonable time, information requested by the commission that relates to a formal or informal complaint to the commission in violation of Tex. Occ. Code Ch. §1101.652(a)(6); failing within a reasonable time to provide information to the Commission in response to Commission's request for same in connection with an application for renewal of real estate salesperson license in violation of 22 Tex. Admin. Code §535.91(c).

So John Doe Realtor gets a $3,000 penalty and his licensed revoked; yet our DTPA violating Realtor is found guilty by a jury in a civil court of law for statutory fraud, and is not punished and still allowed to sell homes as a Realtor / BROKER!

At the beginning of this blog I stated that tonight was surreal.  Well, while our guilty Realtor goes unpunished and continues selling homes in the area, we continue dealing with the court delays brought on by the sellers' Realtors.  Tonight I stumbled upon their newly launched Facebook business page.  Good news, they just received a new CENTURY 21 National Award! 


 PSALM 73:

18 Surely You set them in slippery places;
         You cast them down to destruction.
 19 Oh, how they are brought to desolation, as in a moment!
         They are utterly consumed with terrors.
 20 As a dream when one awakes,
         So, Lord, when You awake,
         You shall despise their image.

 21 Thus my heart was grieved,
         And I was vexed in my mind.
 22 I was so foolish and ignorant;
         I was like a beast before You.
 23 Nevertheless I am continually with You;
         You hold me by my right hand.
 24 You will guide me with Your counsel,
         And afterward receive me to glory.


Friday, January 28, 2011

OUR STORY Part 5: INNER TURMOIL

We are still awaiting the judges decision on the recent motion filed by the defense in a new effort to get our Default Judgment thrown out and/or a new trial.  Just another stall tactic in the despicable game of legal chess in which we are the only one's suffering injury.

The defendants just sit back and ride the gravy train of their insurance carrier's defense fund.  Nobody really has any urgency to see this nightmare end except us.  In fact, I've said it before; the intent is to wear you out or run you penniless and attorneyless. The lawyers have been marking up legal expenses and logging their outrageous fees in six (6) minute increments for over two years now.  They get rich while stroking their egos in grunt wars by way of motions and legal briefs. 

Last mortgage payment was made last month and the phone calls from Chase come several times a day on our home phone and Michael's cell.  This week we made the last of our available tractor payments.  We now have a $1,500 balance on a $16,800 zero interest loan for a small John Deere and attachments that we were forced to purchase back in April 2008 after the first flash flooding on our new property.  We didn't want a tractor and never even considered getting one until it was unavoidable.  We don't have a trailer to tow a rental and well, the math was in favor of the 0 interest loan.

We only have one vehicle between us since I can't drive.  Last payment went out on that one and I suppose they probably don't have any more compassion for us than our "friends" over at Chase Home Finance.

Our down payment on this property was $80,000 in cash.  Now Chase has that eighty thousand dollars and we can't touch it.  Chase Home Finance is holding it hostage while continuing to beat us over the head with a mortgage payment for a house they know is worth $0.  We can not sell the property because it is a realtor's nightmare.  "We Buy Ugly Houses" corporate office didn't want to touch it because the entire property is located in flood zone A; the house illegally built in the middle of a designated drainage easement.

In addition to the unjust mortgage payment; Chase has also added an additional $500 a month mandated flood insurance policy premium through an escrow account attached to the mortgage.  This does not cover our personal possessions, carpet, furniture, etc.  It merely protects the ZERO valued structure!  And, if you don't pay the premium then the mortgage is not paid in full and Chase merely takes your "incomplete" mortgage payment and holds it in a reserve account until you pay the entire amount or they proceed with a foreclosure process.  Long story short...NIGHTMARE!  

Chase's legal department has communicated with our attorney; and they have seen the Tax Appraisal District's $0 appraisal on the home; as well as the professional private appraisal also valued at $0.  They are also aware of the evidence and issues of real estate fraud.  They just do not care.  We have communicated via emails and telephone with them; and we have been as helpful as possible to get them all the information they have requested.  After we woke up from the silly idea that there were humans involved in our mortgage; I subsequently broke down and contacted them sobbing and begging for mercy; asking if they would hold our mortgage payments until the case is over.  Our attorney offered to draft up an agreement ensuring that they would get first monies out of any settlement or verdict award.  Not a chance.  John Bunyan describes them best; they are Diabolonians, followers of their dark lord Diabolus!

Sarah, our grey dun jenny, is due in March with a new foal.  She's always been my favorite; so precious and humble...a little shy.  Next week we have to put another ad out in an effort to find homes for the donkeys.  We have tried several times and none have been successful as of yet due to the economy.  In Texas, you have to be very careful or your animals can easily end up in the possession of an unscrupulous hores trader; and wind up over the border and in a can of dog food.  Not all horse traders are bad.  But the bad ones are very good liars, and come with wives and kids sometimes, if you know what I mean!

We didn't buy the donkeys because we needed more animals.  We looked into them before we got the horses and had spoken to a Christian woman who ran a local farm.  Months later she came to us; it being time to close down a farm she and her husband had run together for many years.  She was a sister in the LORD, widowed and in need.  We had the means and a love for animals.

The horses went to a rescue back in June 2010, and that felt like having open heart surgery without the anaesthesia.  I was crushed watching the trailer pull out of the property and down the road with Prince's muzzle sticking out through the barred window on the side of the trailer. I wept so hard I could hardly breath; and at that moment recalled the most surreal moment during my husband's deposition.

I was sitting across the conference table watching one of the sellers' real estate agents giggling as she and her partner in crime were text messaging each other.  She's sitting there with her cute little pony tail off the side of her head holding her little pink PDA.  We're taking a brief recess and somehow the topic of my horse comes up between my attorney and me.  She overhears and speaks out with great pride; "My daughter shows paints!"  Hmmm, I never mentioned that my horse was a paint?  Oh, that's right...y'all have been doing those drive-bys to torment us.  It was surreal!  Here I am listening to this woman brag about her daughter showing Paints when I know mine is up for sale because of the real estate fraud that is devastating our lives.

It's not that things own my husband or me; we are not about material possessions and never have been.  He's the coupon king and our home is decorated by BigLots.  Things mean nothing to us; what hurts is losing things you have worked hard for and especially family members "pets" in such a vile and evil manner.

I find myself crying a lot, and feeling guilty for the tears as I think of the complaining Israelites.  My heart has been acting up and sometimes find it hard to catch my breath.  Neither Michael or I sleep much.  Probably more like an average of a couple hours a night. 

Sunday, January 23, 2011

OUR STORY Part 1: VERDICT DAY FOR THE DANIELS

Well, for those who don't know; tomorrow is a very important day in our lives.  My husband and I have been in a three year battle; two of them spent in the unpleasant process of a civil litigation trial regarding fraud on the purchase of our property.

Like many middle aged Americans, we have both worked very hard to make a living in preparation for our retirement years; and in the process relied on our investment in real estate as a prime source of equity or “savings” towards that future. In 2007 we invested all we had into what we considered to be a perfect piece of prime real estate.  Little did we know that our real estate would turn out to be a black hole in which we would lose everything.  We currently have a mortgage of $2,100 per month, plus a $500 dollar a month mandated flood insurance policy forced on us through an escrow account initiated by our mortgage company, Chase Home Finance. 

The sellers were professed Christians serving in their local church.  Our agent, professed to be a Christian. I even prayed with her on the phone for her business.  The sellers' Realtors . . .?

Bottom line is that they all knew about the characteristics of this property and proceeded to lie and deceive us; taking advantage of our faith in God and trust in the truthfulness verbally and on paper.

Chase Home Finance knows about the fraud.  They have every bit of documentation including communication with our attorney. They know that the value of the property and structure are worth $0...that is ZERO...as in "Who would want to buy this place?" 

Not even http://www.webuyuglyhouses.com/ would touch it.  But Chase doesn't care and would just as soon foreclose on us and have us out on the street so that they can dump this nightmare on the next passer byes while making a clear profit.

Well, we won our civil trail in September!  In fact, we got the guilty verdict on September 17, 2010; three years to the day that a fraudulent flood determination was created to pull the property out of the flood zone.  It's a sign! SUPER!!! The verdict write up by our attorney is below along with a video of water run off after just 1-1/2 inches of rainfall. 

Now the only problem, was just a minor one involving the completion of the jury verdict form.  What does that mean?  Well, it means that the punitive monies awarded to us and our attorneys fees for $43,000 were unrecoverable, apparently because of "confusion" with the jury verdict charge and you can't change it once the jury fills out the form. (This paragraph amended following recent discussion with counsel.)

Yes, a trial fought hard, no defense was ever put on because they had none; and 11 out of 12 jurors rule in our favor...but we get no remedy.  My husband and I left the courtroom devastated at 9:00pm that night in tears.  Years waiting and suffering through this process.  Hours on the stand.  Hours waiting for a jury verdict...you get one and it's in your favor!  Only to have your angry attorney rush you out of the courtroom to devastate you with the horrible news.

I've never seen my husband look like someone had just slit open his abdomen and ripped out his heart, lungs, liver and every vital organ necessary to breath, to survive. We laid in bed starring at the ceiling weeping, "Jesus we just want to go home...please come."

What Mr. Attorney, we have to retry this case?!?!?!  Well that issue is now headed for appellate court.

There is so much more to this story; animals having to be surrendered to rescue, a mower we can't repair with five acres to maintain.  Our house seems to be falling apart at the seams "literally" from the shifting soils resulting form saturation because we are in a flood zone. The structure appears to be severely compromised so that counters, walls, ceilings are cracking with 1" separation or so in areas.  A back door we can hardly open at times because of the shifting.  Ceramic tiles splitting...and more!

I've literally had nightmares of the house collapsing on me while I am screaming out yet no sound comes out of me.  We can't sleep during rain storms because of the water that flows across the property.  If fences are not cleared during storms it quickly flows towards the back of the house and enters.  Oh, our $500 a month flood insurance only covers the structure, not our personal belongings, carpet etc.  Chase really doesn't care about us, just their fraud house. 

Well so much more to this story.  Some of it can be seen on the video blogs on our YouTube channel "Failed Dreams".  More may come, and Mike believes God may have us to write a book about our trials. 

So here we are. Tomorrow is Judgment Day for the Daniel home in Civil Court.  I will take the stand once again in a default hearing.  We had to non-suit the sellers' Realtors from the original trial due to their attorney's health, and then refile the case awaiting a new trial date.  Oddly, their failure to answer the new petition within the designated time as set forth in the statutes provides for a default hearing where the judge may award us the full damages based on my testimony with no formal trial. which could be estimated at $1.2 million.  Or . . . this could be another round in the millstone of testing.

If the later occurs then Mike and I will be on the streets doing street ministry, literally.  We are out of money; out of work, and credit cards are maxed out. During this time I have been nursing a bleeding tooth (broking up inside the gum line).  It's been this way for a year and a half.  At the same time I have had to continue wearing eyeglasses that are scratched and four (4) years old and not working too well with my sight.  As a result I suffer with excruciating headaches nearly every day.  Thank God for a wonderful husband who loves me and takes such good care of me.  Mike has nursed me back to health after more than just a few severe falls.  That's another story.  Then there was that one time Mike broke his toe as two 1300 lb horses were running around him while our neighbors mocked and laughed.  Oh...no they didn't come help because they are friends with the sellers of our home. Can you feel the love?  Medical insurance is not an option so the broken toe, cuts and gashes all have mended with prayer.

Today we walked down the driveway to the mail box like we do each day, holding hands and talking to the donkeys.  Sarah is with foal.  We don't say anything to each other. But we know...we know that tomorrow will determine if the donkeys have to be surrendered to rescue too.  We have a bale and a half of hay left and a couple of bags of grain.  I guess we have been holding on as much as we can so as not to lose faith in a miracle, and perhaps another piece of our little farm stripped away.  We do love God with all our hearts, but the depression has been a struggle.  Nothing like a donkey hug to put a smile on your face.



Here's a write up by our attorney:

The jury found that the buyer’s agent for Annette & Michael Daniel, had committed Negligence in her duties owed as a licensed Texas Real Estate Agent. They Parker County jury also found that the agent had committed violations of the Texas Deceptive Trade Practices Act by both failing to disclose information known to her that would have been critical to the purchase process as well as misrepresenting facts about the house. The Parker County jury then found that the agent had not only committed violations of the Texas Deceptive Trade Practices Act, but that she had done so knowingly.


The case involved a rural piece of property with five acres in Azle, Texas, located on the far eastern edge of Parker County next to the Tarrant County line. According to the Parker County flood plain administrator, Mr. Kirk Fuqua, the house was built illegally and improperly on a platted drainage easement which was created because an unnamed tributary identified on the FEMA flood maps ran through the property. The house was built in 1998 on top of the unnamed tributary. The flood zone designation was exacerbated by the fact that there is no Base Flood Elevation for the house, so no one, including the Parker County Flood Plain Administrator, or FEMA, knows how high water will rise in a 100 year rain event.


At trial, a local Parker County and Weatherford resident Doug Burt, said that he had surveyed this property originally for the developer’s engineer as well as in 2003 for the previous homeowner. He testified that the agent had contacted him at the beginning of the Daniels’ interest in the property and that he advised the agent and her brokerage firm that the house was in a flood plain and located in a drainage easement. Burt then provided the agent with two surveys, one from 1998 which was created to try and move the house out of the drainage easement, and one in 2003 that showed the house in the drainage easement. He told the agent at that time that the house had “two strikes” against it or words to that effect.


The Daniel's agent then never relayed that information to her buyers, the Daniels. Even more alarming was the fact that she sent the Daniels the 1998 survey with a drainage easement drawn around the house despite the fact that Doug Burt, the surveyor, advised her it had never been recorded – meaning it was useless and clearly misleading. The 2003 survey showed the house on top of the drainage easement.


Despite having a copy of the 2003 survey in her possession, the agent never provided the survey to her clients, the buyers.  Even more alarming was the discovery by the mortgage company that the house was in a flood zone. The mortgage officer, advised the agent, that the house was located in the flood zone. The agent never advised the Daniels the house they were considering purchasing was in the flood zone. Instead, she contacted the sellers’ agents to find out if they had information to refute the finding by the mortgage company.


The sellers’ agents then produced a new document that the Daniel's agent gave to the mortgage company to persuade them that the house was not in the flood zone. The Daniels, the buyers the agent represented, never knew about any of the flood zone determinations or attempts to change the flood zone status of the property. They closed on the house and 9 months later, their mortgage company rechecked the property and found the house was in fact in the flood zone.


A licensed real estate appraiser, testified that the house and land was not worth anything and had a zero dollar value because of the flood zone and drainage easement status.  The Parker County Tax Appraisal District also ruled in a hearing and arbitration process that the home had $0 value.  In fact, the tax appraisal district made their decision unanimously and uncontested.


The Texas Real Estate Commission has had two investigators following this case, but to date has never done anything other than request information. Even with a Parker County jury finding Deborah Moran committed statutory real estate fraud, the Texas Real Estate Commission had done nothing to the agent or her mortgage broker.  Both are still conducting business as usual in Parker County, Texas.


OUR STORY Part 4: THE BURNING FIERY FURNACE

Worry slanders every promise of God!

A brother on Facebook recently posted a quote that caught my attention:

"Worry slanders every promise of God." 

While that may seem like an overstatement to the pseudo (a.k.a. fraudulent or pretending) Christian; I believe the sentiment is scripturally right on target.  Especially when we look at this statement a little closer by examining the definition of three key words; worry, slander and promise:
Worry: condition or feeling; uneasiness or anxiety; a cause of uneasiness or anxiety; trouble.
Slander: a malicious, false, and defamatory statement or report: "a slander against his good name"
Promise: an express assurance on which expectation is to be based: i.e. promises that an enemy will not win.
If we truly believe the Word of God; when we find ourselves cast into the fiery furnace of circumstances or trials we will find solace in the knowledge that there is another One who walks in the midst of the fire with us.  Our trust will not be in the condition of our circumstances or in worldly remedies; but in God alone.  And as such, our trust in God will allow us to rest in this confidence; knowing that no matter what comes our way we shall not be left to harm or destruction.

Having said that, I still find occasion when I want to cry out to Abba Father, "please, please turn down the heat!!!".   And on those occasions when my flesh becomes weak, it is then that I hear His still small voice whispering to me "Rest. Trust. We still have more refining to do here!" 

Often the very trial we want removed from us is that which God is using to perfect us for His use in ministry.  I am not speaking of organized religion, ordination or launching of a non-profit organization. I am referring to the daily ministry that each of us is called to, to impart into the lives of others for the building and edification of the Body of Christ.

My brethren, count it all joy when ye fall into divers temptations; 
Knowing this, that the trying of your faith worketh patience.
But let patience have her perfect work,
that ye may be perfect and entire, wanting nothing.

Blessed is the man that endureth temptation:
for when he is tried, he shall receive the crown of life,
which the Lord hath promised to them that love him.
James 1:2-4,12

Coming out of the charismatic movement many years ago I was left with the belief that there were two reasons that trials came into a believer's life.  1) Either they had some secret unrepentant sin or, 2) an army of demons were nipping at their heels and they needed deliverance.  And so most of the churches today try to pray away the will of God in their lives.

Since Michael and I began our journey of sanctification several years ago; we have removed worldly influences such as television and entertainment from our lives and immersed ourselves in the Word and prayer while embracing the writings of old saints such as; A.W. Tozer, C.H. Spurgeon, Leonard Ravenhill, Charles Finney, Francois Fenelon, D.L. Moody, E.M. Bounds, John Wesley, etc.  Hours upon hours that were spent watching television or patio hopping are now spent feasting on Truth.

It goes without saying that meditation on the Word of God and prayer are of the utmost importance.  However, the writings and meditations of some of these old saints can serve as a type of intimate fellowship.  So many of these beautiful men of God had very common insight that has blessed us during this time; a focus on the importance of prayer, and an insight into the matters of God's providence and prevenient grace. 

One major truth we have come to embrace is that trials are not necessarily attacks from the enemy; or consequences of sin in one's life.  On the contrary trials are quite often the very work of God allowing circumstances to come our way for the sole purpose of refining and strengthening us.  Trials serve to burn away the excess baggage or chaff from our lives; thereby preparing us for a greater work for Him.  Much like an athlete is disciplined through rigorous exercise to prepare for a competition; the children of God are rigorously prepared for His divine use in ministry.

When Mike and I were led by the Spirit to relocate to Texas we had NO idea what was ahead for us.  We thought we were going to just move on in to a greater walk with God in glorious victory and prosperity.  Ha!!!  Had we known what was ahead I suspect we would have hid under our bed waiting and hoping for it all to blow over like a bad storm, God forgetting about this workout for us and perhaps moving on to the next couple.

When we came to Texas we had grand illusions of growing crops and feeding the hungry and homeless as part of a ministry.  I often wonder if perhaps that is why we have been brought to the precipice of homelessness ourselves; so that we can truly have the heart required to understand and minister to them in love. 

So many Christians get a glimpse of what they believe they are called to do for God.  They get all excited and ready to shoot out of the starting gate without the preparation necessary to do things the right way, or for the right reasons.  As a result of this many fall into the snares of carnal Christian ministry:
  1. The pride of life - Pride over a self made ministry (ego)
  2. The lust of the flesh - The need for recognition by others (notoriety)
  3. The lust of the eyes - The motivation of greedy gain (motivated by materialism)
I can honestly say that God has spent the last several years unveiling ungodly motives and methods in our lives that we were oblivious to the fact existed.  The churches in America produce a breed of Christians that I often refer to as "Do-Gooders."  They run about doing this and that in the name of religion feeling really good about themselves, proud, motivated by self-love.  Leonard Ravenhill shared about a conversation he had with A.W.Tozer where Tozer allegedly stated: "Ya know Len, I'm not concerned so much in answering about what I've done, as much as why I did it."

In a book by A. W. Tozer he states in part:


"Unsanctified desire will stop the growth of any Christian life. Wrong desire perverts the moral judgment so that we are unable to appraise the desired object at its real value. However we try, still a thing looks morally better because we want it. For that reason our heart is often our worst counselor, for if it is filled with desire it may give us bad advice, pleading the purity of something that is in itself anything but pure."  (Root of the Righteous - "The Sanctification of Our Desires")
The final mortgage payment has gone out and the creditors have closed down our credit card balances.  The hay has run out for the donkeys with a foal due in a month; and the judge has not issued a decision as of yet on the defense's recent motion to throw out our Default Judgement.  We don't have any idea what tomorrow brings.  However, the Word tells us what God is made of, and of His promises to His children. So I guess now is when we find out what we are really made of as the heat is turned up another notch in the fiery furnace of our trial.

Our prayer is that when we ascend from this fiery trial unscathed, that just as King Nebuchadnezzar, those who have watched us come through this victoriously will acknowledge Abba Father as GOD!

"Then Nebuchadnezzar was full of fury, and the expression on his face changed toward Shadrach, Meshach, and Abed-Nego. He spoke and commanded that they heat the furnace seven times more than it was usually heated. And he commanded certain mighty men of valor who were in his army to bind Shadrach, Meshach, and Abed-Nego, and cast them into the burning fiery furnace. Then these men were bound in their coats, their trousers, their turbans, and their other garments, and were cast into the midst of the burning fiery furnace. Therefore, because the king’s command was urgent, and the furnace exceedingly hot, the flame of the fire killed those men who took up Shadrach, Meshach, and Abed-Nego. And these three men, Shadrach, Meshach, and Abed-Nego, fell down bound into the midst of the burning fiery furnace.
Then King Nebuchadnezzar was astonished; and he rose in haste and spoke, saying to his counselors, “Did we not cast three men bound into the midst of the fire?”
They answered and said to the king, “True, O king.”
“Look!” he answered, “I see four men loose, walking in the midst of the fire; and they are not hurt, and the form of the fourth is like the Son of God.” Daniel 3:19-25 



Wednesday, January 19, 2011

OUR STORY Part 3: "WE WALK BY FAITH AND NOT BY SIGHT"


For those of you who have been following our blog, this is an up date to "Our Story."

Just when you think that you can't take anymore,  the millstone drops a little further and you experience the painful grinding away of any and all reliance on this world as your source.  On January 7th, 2011 we were granted our motion for "Default Judgement" in the amount of $1,177,500.00; which I referred to as having no more value than "monopoly money" at this time.  In other words, it's only on paper until this matter is finalized within the judicial system and we are able to collect our damages.

 Again, a Default Judgement is simply this:
A default judgment results when a complaint or petition is filed with the court and the defendant or respondent does not answer the complaint or petition. Once the set amount of time given to respond expires, the plaintiff or petitioner can ask the court for default or apply for a clerk's default. Depending on what type of case is filed, the filer is called a plaintiff or a petitioner. The person being sued is called the defendant or respondent.


Today defense counsel filed yet another motion; a "Motion to Set Aside Default Judgement, or Motion for New Trial."  In addition they have also assigned a new attorney to the case from within the same law firm.  We suspect that the story will be that the original attorney's health interfered with his handling of the case, compromising fairness for their client.  That's a presumption at this point, but probably a fairly accurate one given the history of this case and, in particular, the ongoing strategies used to delay matters.  In fact, our attorney asked that their firm assign new counsel back in August because of the continued difficulties stemming from defense counsel's health.  Nonetheless, it is a common defense strategy to delay, delay, delay until you either starve, die, go mental or the second coming of Christ takes place. 

In the mean time our creditors are systematically shutting down our credit card limits which we have been using to purchase food.  The last flake of hay has been tossed out for the donkeys to eat, and yet what can we do but savor that one tiny little mustard seed of faith that has carried us thus far.

"I have been young, and [now] am old;
yet have I not seen the righteous forsaken,
nor his seed begging bread."
Psalm 37:25

"The LORD will not suffer the soul of the righteous to famish:
but he casteth away the substance of the wicked." 
Proverbs 10:3

Like many of us, I battle the assaults in my thoughts of homelessness, losing my husband to the stress or my heart failing me.  The horses already gone, it is painful to look out at the donkeys wondering if they will be here at the end of the week.  But I owe it to my heavenly Father to press on after so many years of rebellion.  I hear the words of Paul:  "Finally, brethren, whatever things are true, whatever things are noble, whatever things are just, whatever things are pure, whatever things are lovely, whatever things are of good report, if there is any virtue and if there is anything praiseworthy—meditate on these things. The things which you learned and received and heard and saw in me, these do, and the God of peace will be with you .. . . "
"But I rejoiced in the Lord greatly that now at last your care for me has flourished again; though you surely did care, but you lacked opportunity. Not that I speak in regard to need, for I have learned in whatever state I am, to be content: I know how to be abased, and I know how to abound. Everywhere and in all things I have learned both to be full and to be hungry, both to abound and to suffer need. I can do all things through Christ who strengthens me. Nevertheless you have done well that you shared in my distress. Now you Philippians know also that in the beginning of the gospel, when I departed from Macedonia, no church shared with me concerning giving and receiving but you only. For even in Thessalonica you sent aid once and again for my necessities. Not that I seek the gift, but I seek the fruit that abounds to your account. Indeed I have all and abound. I am full, having received from Epaphroditus the things sent from you, a sweet-smelling aroma, an acceptable sacrifice, well pleasing to God. And my God shall supply all your need according to His riches in glory by Christ Jesus. Now to our God and Father be glory forever and ever. Amen."  Philippians 4:8-20
I have struggled with just weeping before God asking Him to keep my heart pumping and that I be allowed to make it to the other side of this and spend my life loving my precious husband and serving Him.

I know His Word is Truth, and I know that I can't see it all yet.  But being the frail human being I am I cry out desperately at times . . ."LORD CAN YOU HEAR ME?!"




Friday, January 7, 2011

A TRIBUTE TO A MAN OF GOD, MY HUSBAND

Oh the love you have given to me! 

One day I hit rock bottom,
such baggage of sorrow in tow.
Never to expect I would soon meet,
this precious gentle soul.

Just when my life seemed over,
a broken tattered heart.
Your mercy and compassion,
renewed me with a spark.




Your eyes blue like the ocean,
your stature tall and strong.
A humble Gideon of valor,
oh, I've waited oh so long!

Each morn' he greets me tender,
with cup and love in tow.
So anxious to be servant,
most humble man I've known.



The birds and beasts do love him,
they rest upon his hand.
They know this gentle giant,
is one of God's true men.



The Word of God he studies,
knees daily bent in prayer.
He cares not of this world,
and daily casts his cares. 


I call this man my Boaz,
in turn I am his Ruth.
Together seeking GOD's will,
His leading and His truth!

OUR STORY Part 2: DEFAULT JUDGMENT: JANUARY 7th, 2011

Well, it's about 11:15am and we just returned from having breakfast with our attorney.  This case has been like something out of a very bad episode of the "Twilight Zone," to say the least!

About 9:15a.m. we are sitting in the front row of the courtroom galley watching our attorney approach the bench to convene in small legal banter with the judge, off the record.  As I await to be summoned to the witness stand I can almost hear this surreal voice?  Could it be Rod Serling? 

"You are traveling through another dimension, a dimension not only of sight and sound but of the legal minds. A journey into a wondrous land of statutes, case law, motions and briefs. Next stop, the Witness Stand!"


Okay, not really...but you get the basic idea.  As we are sitting in the galley we are able to hear the judge's dialog with our attorney.  It went something like this:
Judge - "Why do ya'll think they didn't respond?"
Attorney - "I don't know your honor"
Judge - "Ya know if they ask for a new trail I'm likely to grant it."
Attorney - "Judge you'd be granting the wrong motion for new trial ."(chuckle accompanying attorney humor since he denied ours)
Needless to say, Mike and I with hands gripped together are praying for God's grace and strength to prepare us, not for all our tomorrows, but just that which is required to get us through the nerve-racking challenge of  "today."
Judge - "You may proceed."
Attorney - "Your honor, I call Annette Daniel to the stand."
Judge - "Raise your right hand.  Do you...."
Netty - "I do your honor."
Numerous questions asked regarding knowledge of the property and would we have purchased it kind of stuff.  Then onto a few others. . .
Attorney - "Have you and your husband suffered any emotional trauma as a result of this fraud?"
Netty - {blubbering, sobbing still watching her horse trailered off to rescue. . .thinking about the certified mail notice at home from Chase Home Finance.} "Yes, every day." 
Attorney - "In addition to the damages of the price of the property, what would you estimate these other damages to be?"
Netty - {WHAT???  Were you supposed to give me an answer for that very important question Mr. Attorney?} "I don't know?" {sob, sniffle} "I wouldn't know how to answer that."
Long story short I am excused from the witness stand after some brief testimony leaving another woman in the courtroom crying after hearing me.  The judge has not yet signed the judgment and wants to meet with our attorney in his chambers.

We proceed to exit the courtroom as our attorney heads on in to the judges chambers to discuss legal matters on the issues presented to him today.  This is the brief scenario that was later related to us at breakfast;

Apparently while our attorney is sitting in the judge's chambers the judge proceeds to inform him that he is going to call the other counsel for the defendants to inquire as to why he did not "answer" the petition for a new trial.  Our attorney argues that he really does not want him to do this as they had ample notice to respond.  In reality, he does not want this to happen because; if a default judgment sits and matures long enough it is literally impossible to reverse or overturn.  You let it ride and then enforce!

You also have to understand that our attorney has been dealing with a defense attorney who specializes in delay tactics.  This same defense attorney is the one who has jerked this case around for the last year or so with continuances based on whatever he can throw out there; including but not limited to, his personal health.  He lost his last motion for continuance based on health issues only two weeks before trial because even the judge saw through it.  No problem, instead of getting another attorney to fill in from his firm he chooses to show up sicker than a dog on the first day of trial forcing us with no other option but to segregate out one lawsuit into two; to non-suit his clients out and refile, or continue the entire matter which at that time included our buyer agent. 

So while they are sitting in the judge's champers this morning, the judge calls Mr. Defense attorney to inquire as to why neither he nor his firm have filed an answer to our petition for a new trial?  Did he receive the notice?  The answer to that question is yes!  Both parties were properly noticed and, in fact, so was their lawyer admittedly.  His response to the judge and our attorney was that they were not served properly so they don't have to respond.  Kind of like "you were supposed to deliver it in a yellow car not a green one" kind of foolishness. The judge asks for clarification and then informs Mr. Defense attorney that he is "dead wrong". 

Long story short, our attorney was eventually handed over a signed copy of our motion granting us our "Default Judgment" in the amount of $1,177,500.  Now, defense counsel has thirty (30) days to file a motion for a new trial.  We go pick up our certified love letter from Chase Home Finance on Monday which begins foreclosure on our property.  So, it's kind of like we have a banker stalking us at our front door and Monopoly money in our hands. 

We've learned one thing through this process it is not to presume anything.  We don't lack faith.  We just don't get ahead of Him anymore.

Will we collect on the Default Judgment?  

Will there be a new trial granted?

THOU KNOWEST



What is a default judgment?

A default judgment results when a complaint or petition is filed with the court and the defendant or respondent does not answer the complaint or petition. Once the set amount of time given to respond expires, the plaintiff or petitioner can ask the court for default or apply for a clerk's default. Depending on what type of case is filed, the filer is called a plaintiff or a petitioner. The person being sued is called the defendant or respondent.

NOT IN A FLOOD ZONE?

GOOD BYE HUMBLE ACRES


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