OUR STORY Part 70: JASON'S BURDEN

Today began in an unusual way as Mike headed out to the trailer to begin doing some work and noticed a red truck pulled up and parked at the gate entrance. The truck then went up to the end of the road and Mike went into the barn.

Mike had opened the front gate in expectation of a scheduled UPS delivery which had been attempted yesterday. He then headed into the barn and when he came out the red truck was now pulled all the way into the property and parked at the house.

We have had our fill of drive byes, back fence oglers, estate sale visitors, and such. We just want our privacy as we finish up the loose ends of leaving Humble Acres. Thus, Mike was a bit taken back and maintained a stoic demeanor; while standing off at a distance as the gentleman attempted to to explain his purpose for being here.

Mike remained expressionless as the gentleman went on to introduce himself as Jason; explaining that he had been hired by Chase Home Finance to come out and take photographs of the property. Jason appeared to be unaware of the purpose for taking the photographs; asking Mike if we were selling the house. Mike informed him that the house was scheduled for foreclosure sale in less than two weeks, on October 4th, 2011 at 1:00pm on the steps of the Parker County courthouse.

That's when Jason said "The moment I saw you God put a burden on my heart for you. May I pray for you?" Mike agreed, and Jason proceeded to place his hand on Mike's shoulder and began to pray for God's peace and protection.

Over the past several years we have come across many professing Christians who have said they either are or will be lifting us and our circumstances up in prayer. We appreciate all those who have done so. But over this time only one young man in his mid twenties; a perfect stranger named Jason; had the boldness to initiate the biblical call of the laying on of hands and prayer while reaching out in humility and love, ministering into the  immediate need of my precious husband.

Dear Jason, should you ever read this blog I want you to know how very precious your visit was; and the blessing that you were in reaching out to my husband at a very difficult time. The morning you showed up was an exceptionally difficult one and a sovereign God used you mightily because of your faithful obedience to Him.

God bless you!

OUR STORY Part 55: LOOKING FOR A HOME, HOPING FOR A BREAKTHROUGH!

We have been very busy looking for a place to call home (on wheels) and the clock is ticking away. A friend is waiting and praying for us to be able to get up to them to begin the rebuilding of our lives. God's will be done.

So far no breaks and we are feeling the pressing on our flesh; the temptation is there to lose hope. Yet we know God's Word says He will not leave us nor will He forsake us. We have never been in such a place of not knowing in our lives. So much to do and so much we just don't understand.

Psalm 121:1-3 ~ King James Version           

“I will lift up mine eyes unto the hills, from whence cometh my help.

My help cometh from the LORD, which made heaven and earth.

He will not suffer thy foot to be moved: he that keepeth thee will not slumber.”

One thing we do understand now is that God has been breaking us over the past few years.

OUR STORY Part 46: THE PARALYSIS OF STRESS OVERLOAD

Like a deer caught in the headlights, there's this internal mechanism that kicks in when you have so many overwhelming circumstances to deal with. Our human nature is to take control of our lives and to systematically prioritize. We are so used to being in control of our circumstances that trusting God and putting Him back in the driver's seat is often a very difficult task. Paris Reidhead once told a story where he was advising a young pastor: (Read full sermon here.)

"The great things Americans can accomplish without God." And he (the young preacher) accomplished a great deal, admittedly without God. Now he wanted something of power to accomplish his ends even further.
I said, "No..., no, you're sitting behind the wheel and you're saying to God give me power so I can go, You won't work, You've got to slide over."
But I knew that rascal, because I knew me. I said, "No, it will never do, you've got to get in the back seat." And I could see him leaning over and grabbing the wheel.
"No," I said, "it will never do in the back seat."
I said, "Before God will do anything for you, you know what you've go to do?"
So he said, "What?"
I said, "You've got to get out of the car, take the keys around, open up the trunk lid, hand the keys to the Lord Jesus, get inside the trunk, slam the lid down, whisper through the keyhole, 'Lord look, fill'r up with anything you want and you drive, it's up to you from now on.'"

That's where we are right now. We're in the trunk and we have NO CLUE where He is taking us. It's not for lack of trying to make things happen on our own. It's just been road block after road block and yet His grace has sustained us thus far.

http://www.cartoonstock.com

We send letters and make phone calls and most go unanswered or reply with the patented "not my job" response passing the buck on to some other entity. Right now we are waiting to see if Chase is going to budge so that we have enough time to sell our belongings in an effort to exist and to relocate. We send faxes, and make phone calls all day and have the Senator's office making their inquiry on our behalf, but these individuals are not motivated to respond with the same urgency that we are to have them respond so that we can effectively develop an exit plan.

Perhaps the customer service agents and decision makers at mortgage companies should be required to live on the streets for a week or even shack up with victims of foreclosure through the entire process in order to develop and refine their bedside manner attitudes and methods.

Well, that will never happen so we are back to what really matters; focusing on God's will for us and trusting in His grace to carry us over the seemingly improbable and impossible mountains ahead of us, or perhaps to just move them out of our way.

The last two days have been really difficult; emotionally and physically taxing on us. We feel a bit like the deer caught in the headlights, watching the foreclosure headlights headed for us at rapid speed, a bit paralyzed by the unknown of our tomorrows.

If you're looking for us, we're hiding in the trunk!

 

OUR STORY Part 44: OUR BATTERY NEEDS RECHARGING

I shared before the fact that Chase Home Finance's only motive for keeping us in the house is the fact that we maintain the property until they take possession. The stress factor is notched up a bit with so many pecan trees and a long standing burn ban in effect. With the high winds we had and 80 plus pecan trees shedding branches, some 4-5 inches in diameter and 10 feet long, the burn piles are growing everywhere.

With the impact on my health and the sale of our greatest aid, the tractor; I haven't been able to be as proactive as I was before in gathering branches. It bothers me so much to wonder what our neighbors must think about the property not being maintained perfectly. Especially with neighbors who have workman grooming their property on a daily basis. But what can you do?

Mike isn't feeling good this morning and he doesn't look well, but the property needs to be mowed badly. He went out to the barn and I could see he was having some difficulty. I walked out and he just had this expression like the milestone had suddenly dropped another notch. I gingerly asked what was wrong when he looked up in a gaze and said "the mower won't start, I think the battery is done." And of course we have no jumper cables.

Well, after trying everything he could he finally called our association president who loaned us a set of jumper cables. We got the mower going and then carefully shifted our weight on the seat so that it wouldn't stop running while Mike got on his knees and finagled the vacuum hose to work so we could get the deck to engage. We again shifted weight on the seat and my precious husband is now mowing 5 acres on a property that is being ripped from us along with our $80,000 cash down payment.

We have been maintaining our own pool now since November 2010 to save money. Not sure we are saving money since we almost spend as much on chemicals as we did on Kenny the pool guy.

Last week I noticed a little water leaking around the bottom of the large diatomaceous filter. A day later I back washed and went to turn it back to pool filter. All of the sudden little hairline cracks were emitting tiny sprays of water. It appears that the age of the filter along with the long drought and excessive heat has taken its toll on the pool filter. I just pray and ask God to hold it and us together until we get through all of this.

Even with all that we have been through, this is still my home and I want to take care of it. Perhaps its part of some deep denial. After all, this was supposed to be a home of "healing" for me. This is really the first time ever that I had what was a real home for me, but that's another story.  The drilling was an absolute nightmare, but once we understood surface rights and how things go, and that they had a right to drill there; we just made the best of it. During bad storms Mike offered our home and phones for the workers in an emergency.

I really will miss our birds and the insects. We make sure they have plunge time each day so the birds can drink and bathe. They actually start to gather that time of the day when they know its coming. Its been God's way of helping me through much of this. I started a website at "His Creatures" and we were going to pursue a small business venture with this to reach out to children in the local schools. I had located experts who were helping me identify species and provide ID's; some were wonderful professors from local universities. We just couldn't seem to get a break financially.

Resident Cooper at the end of the pool.

I hope someone doesn't come in here and tear down all of the trees. There are so many birds, insects and other wildlife that depend on them for survival. We have Cuckoos, Cardinals, Cooper Hawks, Red Shoulder Hawks, Fly Catchers, Barn Swallows, Downy and Ladderback Woodpeckers, Yellow Belly Sap Suckers...and the list just goes on. I think I actually have a list somewhere. I've just been too depressed to take photos and list them since late last year.

Well, I better stop here. I know when the heart begins to ache too much and its time to guard my emotions and busy myself on our exit.

OUR STORY Part 42: FORECLOSURE SALE DATE

Today we received four Certified Mail envelopes from Barrett Daffin Frappier Turner & Engel, LLP. Tget are the foreclosure law firm representing Chase Home Finance. The envelopes contained notice of a public foreclosure sale date scheduled for September 6, 2011.

In twenty-four days Barrett Daffin Frappier Turner & Engel, LLP will knowingly and willfully proceed to represent Chase Home Finance in executing a gross injustice against my husband and I in the selling of our property through foreclosure. In essence, Chase is robbing us of the $80,000.00 cash down payment we provided under the influence of real estate fraud; unaware that we were purchasing a home illegally built on top a designated drainage easement, with the entire property located in the Special Hazard Flood Zone A.

This property was sold to us based on an erroneous appraisal purchased through our mortgage broker, assigned a value based on incomparable properties, none of which the house was built atop a drainage easement, and none of which were built in the Special Hazard Flood Zone A.

The appraised value and sale price was $392,000; however, the value of the home and land have since been devalued through a professional appraisal, and through a unanimous and uncontested vote by the Parker County Tax Appraisal District hearing board comprised of seven members. The house and improvements are valued at $0, the land devalued from $75,000 to $25,000.

Now Chase Home Finance and their foreclosure law firm, Barrett Daffin Frappier Turner & Engel, LLP, have full disclosure of documentation regarding the true characteristics of this house and property; yet they continue to enforce the original mortgage at the appraised value of $392,000.00, as well as a mandated flood insurance policy based on the loan.

Walls are splitting and cracking, columns shifted; the ceramic tiles which were laid just a year before we purchased the property have hairline cracks and separation throughout. According to Abaxial Inc. (a local engineering company) and the Parker County Flood Plain Administrator, the house is located an estimated 3 or more feet below the Base Flood Elevation (BFE) and the house has flooded.

Despite the fraud perpetrated against us, the problems with the house and land, and the grossly erroneous market value applied to our loan, we continued to pay our mortgage faithfully until we were depleted.

According to our math, if the land and structure (improvements) are currently devalued to $25,000 and we have invested a cash down payment of $80,000; then it appears instead of foreclosing on us that Chase Home Finance should be reimbursing us $55,000 which was overpaid to them along with the over estimated flood insurance premiums paid.

In an apparent effort to "shut us down" Chase Home Finance coincidentally sent a separate letter to us which arrived on the same date as the foreclosure notification in which they are refusing to communicate directly with Senator John Cornyn's office; stating that they can not communicate with the Senator's office directly because we are represented by counsel and Chase is represented by foreclosure counsel. However, they have been communicating with the Senator's office since May 5th, 2011. So why the shut down now? Moreover, our attorney is not representing us in any legal action against Chase. His involvement has simply been the civil action against the Realtors for fraud and negligence under the DTPA. His only actions with Chase Home Finance has been to inform them of the status of our litigation and to make them fully aware of the issues of the house and fraud.

At one point we even asked Chase why they would not take action against a mortgage brokerage firm that sold them a loan that was clearly initiated under fraud. The response from their legal department was that J.P.Morgan Chase is a big company and they wouldn't even feel it, and we are obligated to the loan! This was related to us by a cold hearted representative of Chase Home Finance who goes by the name of Rod Reuscher.

OUR STORY Part 36: FOUR YEARS OF SURMOUNTING STRESSES

I haven't had the physical or the emotional wherewithal to write for a couple of weeks, but today is a very special day; and as such, it brings to the surface some emotions that we normally stuff down in order to maintain our momentum as we trudge along through the steepest and highest stretches of this extremely long and immensely rocky trial.

If you’ve ever gone on a long hike up in the Sierras or some undeveloped mountainous area, you realize the importance of pacing yourself and not resting for too long at any point before you reach the peak; lest you lose your aspiration to even finish the climb.

Mike and I have both made a commitment to oneness with God and one another; endeavoring on a journey of continuous spiritual growth in the very face of this adversity. If it weren’t for the strength, endurance and unconditional love resultant of our faith and commitment to God, I suspect that the trials we have endured over these past four years would have annihilated us, and most newly married couples for that matter. But praise be to God, we have yet to turn on one another; but instead have remained securely aligned in faith, prayer and patient love.

Having said that, we are still human and occasionally succumb to moments of difficulty; battling physical exhaustion, oppression, and disappointment. Delays continue to drag out this arduous legal battle of hearings, depositions and postponements; not to mention the looming threat of foreclosure.

On top of that, we are struggling to survive the maintenance on the property with a mower running on one belt and a very dull blade. And as if things couldn’t get any more stressful, we walked over to find a puddle of water developing along the fence line which means we have an underground broken water main pipe; and since we no longer have the home warranty coverage to help us with a plumber we can’t address this right now.

So why is today a very special day? Today is our fifth (5th) wedding anniversary; four of those years have been spent dealing with the trauma and legal circus surrounding our “dream home”; a house located in a flood zone and atop a designated drainage easement.

The fact that these individuals could betray us through the act of fraud; having us invest our life savings in this property is bad enough; but to continue to lie and perpetuate three years of malicious delays in our civil case, lacking any remorse over what they have done to our lives is unconscionable.

I haven’t had a question about our love surviving this experience; but we both have had a question as to whether we both will endure this physically.

The other day Mike shared that his chest felt concave and he was dizzy. Mike’s isn’t at all one to exaggerate; so I took it seriously when he said “I thought there for a while God was taking me home.” He hasn’t been looking good, and still doesn’t sleep through the night. Today after working outside mowing a while and weed whacking he sat on the Jacuzzi edge. I pulled up on the mower and turned it of; he looked really bad. I asked “Are you okay?” He couldn’t even get a word out of his mouth, but simply mouthed to me “I’m. . . okay.” He didn’t seem real coherent so I asked him again and he just gazed at me with this strange look. He eventually walked in the house and we called it a day.

This is one of those times that I struggle with feeling anger towards these defendants, and the ongoing evil in dragging on this charade of lies; especially with all of the indisputable documented evidence against them.

Bottom line; they have had an insurance carrier taking the burden off of them for a few years and now they apparently have someone bank rolling their defense, or they are so disgustingly rich from their successful real estate endeavors that they are unscathed by these delays.

It will be very painful if we lose our home and everything we have to a foreclosure; but if we were to lose one of us…. ?

NEWS LINKS ON FORECLOSURES: THE PHYSICAL AND MENTAL IMPACT

USA TODAY: "FORECLOSURES & DEPRESSION"

LIVING LIES: DEATH BY SUICIDE RELATED TO FORECLOSURES RECORDED AS "DEATH BY NATURAL DEATH"

FORECLOSURES AND PHYSICAL/MENTAL REPERCUSSIONS

FORECLOSURES CAUSING HOMEOWNERS TO COMMIT SUICIDE

HOUSTON COUPLE AVOIDS FORECLOSURE WITH SUICIDE PACT

FORECLOSURE NOTICE LEADS TO SUICIDE OF 'NICE LADY'

DEATH BY FORECLOSURE

FORECLOSURE RELATED SUICIDES ON THE RISE

DISTRESSED BORROWER COMMITS SUICIDE OVER FORECLOSURE

DEMOCRATIC UNDERGROUND DISCUSSION "FORECLOSURE & SUICIDE"

OUR STORY Part 35: ROLLERCOASTER MONDAY

CHASE UPDATE:

This tight wire act has really been wearing us out lately. Deadlines approaching, a new defense firm stirring up more delays, and our finances dwindling away.

Well, this morning we heard some wonderful news that will give us at least a little relief. Mike contacted Chase Home Finance to clear up the issue on when they had scheduled the foreclosure sale date. As stated earlier, we initially were told on the phone, June 7th; that would be just a couple of weeks away and four days after our wedding anniversary on June 3rd.

Last week we were told on the phone that the date had been set for July 5th; but not a couple of hours after that our attorney informed us that he had received a letter in the mail advising him that the foreclosure sale date was set for the June 7th date.

When Mike spoke to the representative from Chase today, she informed him that a note had been entered into their system moving the July 5th date to a status of "postponed."  Praise Abba!

It has become a very common occurrence as of late to have some good news served up, providing us some sense of relief; only to turn around and have someone serve up some bad news to knock the wind out of us, again. Today was no different; and just a few hours after we heard of the postponement of the foreclosure sale date, another defense tactic was launched.

GUNFIGHT AT THE LAWYER CORRAL:

Today opposing counsel for the defendants (i.e. the sellers' Realtors), apparently accepted our attorney's challenge to a legal duel. The weapons of choice? Legal motions, petitions and hearings!

Friday was the day that our attorney unloaded a round with his "Paintiffs' 3rd Amended Original Petition" announcing his decision to make this matter a straight fraud case; thus removing any obligation for the insurance carrier to provide legal defense representation and/or to cover any damages awarded to us in a jury verdict.

Today, defense counsel fired a round back in a newly filed "Motion for Summary Judgment"; meaning that they are attempting to have our case thrown out. The grounds for a request for Summary Judgment, is a motion where one side states that the facts presented prove their side of the matter, and thus; a jury verdict is not necessary. I am not sure if that makes sense, but in short; it is an effort by defense counsel to have our case tossed out, robbing us of our civil right to present all of our evidence before a jury of our peers.

The court website shows a hearing date scheduled for six weeks, July 30th, 2011; at which time both sides will present their arguments before the judge, who will then rule on the motion. Yes, another delay. (sigh)

JUST WANT TO SURVIVE:

Each time we take a hit it becomes harder for me to physically recover. Today was especially one of those days. After the good news from Chase, and then seeing the notice of the Motion for Summary Judgment and the hearing date set six weeks out; my blood pressure spiked and I had to lay down.

Mike laid next to me to hold me and try to help me get somewhat stabilized. He then made me some hot tea with honey to help try to alleviate the lingering headache.

My headaches become so debilitating that my face begins to hurt and feel numb. Moreover, along with the headaches I get a tightness in my chest

Surviving a mini-stroke back in 1997, I have some real concerns that add to the fact that I just don't seem to be recovering from these episodes of stress like I was in the beginning of this mess. They seem to be triggered more easily and take more out of me with each episode. Seizure activity has been more regular as well, dropping objects and having difficulty with my balance.

Mike has already seen me turn pale and collapse, and I know he is concerned. My heart just takes off like a jet engine and I can't get it to slow, I end up gasping for a breath and end up coughing a lot as my heart fills like it's doing flip flops in my chest.

The other day Mike told me "I need you in my life"; I just cry.

We pray and ask God, one way or another, to get us both on the other side of this trial; untethered from this nightmare so that we can love one another and focus all of our extra energy on serving Him.

We both pray that we will be able to grow old together, or for Abba to just take us together now. All we know is that we want to be together; and to be in His presence whether it be here or in heaven.

We love each other so very, very much.

OUR STORY Part 34: HAVE A GOOD WEEKEND!

We are getting down to the wire on timelines for foreclosure sale. There appears to be a conflict between what we were told by Chase Home Finance on the telephone yesterday, and the date put in a letter sent to our attorney. The date is either June 7th or July 5th. Of course, that is a significant issue for us since we have no place to live, and really no means by which to move our belongings and/or store them.

Our attorney had faxed a letter to Chase Home Finance's corporate offices in Ohio and the law firm representing them in escrow, Barrett Daffin Frappier Turner & Engel, LLP to which they have not yet personally responded, aside from the letter he apparently received in the mail yesterday which was initiated prior to our fax.

In light of the fact that no one was responding, we initiated a fax of all of our documentation to Chase Home Finance on Thursday, May 12th, 2011; including the professional appraisal report by Kenneth Phillips noting the property has no marketable value; the Parker County Tax Appraisal statement that shows the county as noting the improvements (house/structure) as having Zero value ($0) and the land reduced from $75,000.00 to $25,000.00; the original letter from our attorney, and; a letter from U.S. Senator Cornyn's office.

Friday we received a call back from a representative at Chase, Lorenza, who finally gave us the name of the attorney at Barrett Daffin Frappier Turner & Engel, LLP who is handling our foreclosure, Ryan Bourgeois. According to Lorenza, Ryan stated that they had received our documents and were looking them over in order to advise Chase. Ryan also requested that our attorney contact him directly, providing his direct dial number. Our attorney called on Friday and received a voicemail, leaving a message for Ryan.

AMENDED PETITION: 

In light of the history of malicious delay tactics to drag out this case by defense, our attorney recommended that we remove the Deceptive Trade & Practices Act / Negligence claims and go with straight fraud in order to accomplish a couple of things.

Firstly, the significance of the above decision is to remove an appellate cause of action that defense would likely attempt to file against us regarding the the two year statute of limitation on the DTPA claim.

Secondly, make this a straight fraud cause of action is supposed to alleviate any cause they might have in filing a motion for something called collateral estoppel.

Next, the move to amend our petition to a straight fraud action also serves to expose the defendants since insurance carriers do not defend or pay damages on acts of fraud. Thus, the defendants are likely going to be forced to dig into their own pockets for legal representation which, according to our attorney, could reach an estimated $100,000 by the time we all reach trial.

Lastly, acts of fraud can not be shared. Thus, the damages can not be percentage out based on the measure of each individuals actions, but each individual now has to answer the claims of fraud against them and them alone, which may very well cause finger pointing and the pursuit of legal counsel independent of one another.

The amended petition was sent as an attachment in an email on Friday to the new defense firm. The body of the email read:

"C--------: 

I have attached a copy of the 3^rd Amended Original Petition I have mailed for filing today.  I have now non-suited by amendment the negligence and DTPA claims so that the only remaining claims are the fraud claims.  

Have a Good Weekend!"

I don't know, but I think the signature is attorney for "Checkmate!" Or perhaps, its simply saying "this is the end of your billing the heck out of your client's insurance carrier."

We don't get giddy over this stuff, for our trust and confidence is in our God. Whatever hope or confidence we had in the judicial system has been tested and burned away in the chaff. We believe the system is under the almighty hand of a Sovereign God, as noted in the book of Romans; but now we just await to see His will unfold for our lives.

OUR STORY Part 33: A CALL TO THE SENATOR

Today was a pivotal day for my husband and me. We have long anticipated that this thing would drag itself out until we had no options left but to begin to take this matter public. Today was that day.

We received a response from our attorney to some questions we had regarding status updates on a hearing and the threat by defense counsel to make things worse by filing against their clients, the sellers, along with our Realtor and her brokerage firm. One sentence clinched it for us.

"I have called some trusted attorneys about what happens to your damages if you lose the house.  The response is unanimous.  You have no viable damage claim.  I think we need to talk on Thursday."

Three years of the ongoing stress of the issues regarding this property and civil litigation have all but wiped us out physically, emotionally and financially. Now at the end of three years to be told that we could lose even our civil right to recover damages through the judicial system; and all because of senseless and malicious delays by the defense?

So, today my husband walked into the room and looked at me and . . .

Michael: "Honey, what about contacting our Senator?"
Me: "Our Senator?"
Michael: "Well, there's got to be someone like a Senator or some official that can help us."
Me: "Okay, let me see what I can find."

I remembered a Senator Cornyn who used to send automated emails to us. I googled to locate his website and find a local office. After a conversation with the initial contact in the office who felt they couldn't help us, our issues not falling under their jurisdiction of "federal"; the gentleman decided that the issue with our mortgage company wanting to foreclose on us "did" fall under their jurisdiction, and forwarded me on to their mortgage representative, Drew Clifton.

The call appeared to end on a positive note, Drew offering to jump right on the matter for us; contacting Chase Home Finance and/or the law firm representing them in the foreclosure, in an attempt to obtain a forbearance on our mortgage until our case has been tried.

We sent off numerous documents, including our lawyers letter to Chase. Now we wait and see.

OUR STORY Part 32: THE LITTLE CADET THAT COULD?

Today Mike and I are doing some much needed maintenance around the property. Another thunderstorm is expected to come through this week. Tornado watches have been consistent with the last couple of storm systems. Maintaining the property is important especially during the spring because of the water flow that comes across the property. If debris washes and collects against the fenceline it causes the water to travel towards the back of the house that much faster.

It was a very emotional time for both of us today for a couple of reasons. First being that we don't know how long we will be here; Chase could foreclose on as as early as the scheduled foreclosure sale date of June 7th. Needless to say, the labor comes with mixed emotions.

We have not been treated well by Chase Home Finance during this battle and yet we maintain a property which they could very well rip away from us along with our $80,000 cash down payment. It's not enough we have paid a mortgage, homeowner's insurance and flood insurance for the last couple of years based on the sale price of $392,000.00, when the value has been reappraised at $0 (ZERO). Perhaps this is where I Peter 3:17 comes in; "For it is better, if the will of God be so, that ye suffer for well doing, than for evil doing."

The emotions ride high today as well for yet another reason. Working outside used to be one of our favorite times together; a healthy activity where we would listen to a sermon on our IPODS, being ministered to while getting our chores done. We also had four little friends around us to keep us company. Bella and Sophie would push the wagon around with Mike, and I would often find him sitting on the ground with the girls visiting him.

It's so much different now. With our animals gone it seems so empty outside, and empty within our aching hearts. All that remains are some feed dishes, water buckets, manure piles to mow and their hay trough. Mike blew out the shavings left in the barn from when we loaded the little one's up in the trailer to leave the other day. It's feels like this giant eraser is wiping away every part of our lives.

We both do not want to disappoint or disobey God. We know that our treasures are to be stored in Heaven, and our hearts do belong to Abba first and foremost. But the reality is we are both battling with sleep deprivation and depression. We don't talk about the current situation much, we just pray and try be productive. But then there are those moments when we sit in silence snuggled together; an occasional look into one another's eyes says it all.

When we purchased this property we negotiated with the seller's to include their Cub Cadet riding mower in the purchase price. With five acres to maintain it was clear that a push mower was not going to cut it. No pun intended. With 80 plus pecan trees shedding leaves each fall, and five acres to mow year round, the little Cub Cadet really gets a work out.

After the storms hit in April of 2008 and we experienced the results of flash flooding, it was apparent that we were going to need more help, and that's when we invested in the tractor. The box blade was used to move dirt that had eroded back up towards its origin, as best we could.

The bush hog was used to help with the abundance of leaves and smaller branches, and those areas of grass that became so thick after long bouts of rain when the mower couldn't get the job done. When the grass was too think the mower deck would often disengage a belt.

The last attachment for the tractor was the rake which was used to drag leaves and sticks that had washed into heavy mounds, mounds to heavy and thick to use a shovel to move. It would drag the mounds out to where we could use the front loader to scoop them up and dump them onto the burn piles.

Now that the tractor is gone we are back to the little cub cadet and breaking our backs. With finances being what they are we have had to forego some repairs to the mower. We have a punctured tire that is currently bald and filled with green slime to keep it going. One of the drive belts for the deck (there are two) kept shredding. The repair shop told us over the phone that it sounds as if this is due to something broken off, a sharp piece somewhere in where the ball bearings are that drive the belts. We went through belt after belt but it kept catching the belt as it rotated and shredding it. So, the one belt has had to suffice for now.

The blade also hasn't been sharpened in almost two years now. We can't afford the $100 to have them pick up the mower, and we don't have a trailer to haul it to the repair shop ourselves. So we are praying and asking for God's mercy on the little cub cadet.

The strain is immense. We don't know if Chase will foreclose on us; and have to keep the property maintained for drainage purposes, and because it is the single most important motive for Chase to allow us to stay on the property and not foreclose.

Update: Today is April 29th, 2011 and we received formal notification from Chase's legal firm of their intent to foreclose on our home within thirty days if we don't bring our mortgage current. Balance due them is just over $12,000.00.

OUR STORY Part 30: THIS HOLE IN MY HEART HURTS

This morning the donkeys were picked up by the North Texas Human Society and a gentleman, Hugh McElroy. Now all that remains is a huge hole in our hearts, and we can't seem to stop the bleeding.

Before we began loading the little ones into the trailer, the woman from the Humane Society said, "I sure hope you can hang on to those dogs, they aren't as easy to place as the minis." I looked over at Dixie and Duke and fought back the tears. She went on to say "Surely God can't take everything away from you, right?" I couldn't even catch my breath to muster up a response.

I began to have this panic attack and all I could see was everything in front of me that was left to be taken from us. The house, the birds and insects. Over 8,000 photographs and macros of memories communing with God through His creatures. It was the one thing that got me through the events over the past three years.

This afternoon Mike went out to shut the barn door, I just couldn't handle going out there with him. It took him a while before he returned to the house. When he came back he said "That was really hard." (Tears welling up in his eyes.) "There's no life out there any more honey, everyone is gone now."

My heart is crying out right now... "God, what more do you want from me?" It seems that everything good in my life has always been violently ripped away from me. I take a few steps and then I have these panic attacks and I can't breath.

What next?

=*(*****

OUR STORY Part 29: REALTORS WITHOUT REPRESENTATION?

Back in "Our Story Part 25" I shared that we were experiencing yet another set back in obtaining a trial date. We were informed that the law firm representing the seller's Realtors was being replaced, and a new defense firm was being subed in as representation.

The court had provided us with an available trial date of July 12th, however; in "Our Story Part 27" I related the fact that upon discussions between our attorney and the new law firm, we were informed that the attorney assigned to handle the Realtors' matter was going to be on vacation during the proposed, July 12th, trial date.

As a result, our attorney asked for a hearing to be scheduled for today, April 18th, 2011. The hearing was to be a trial setting hearing, where the new firm would attend and a trial date would hopefully be agreed upon between attorneys and the court. However, our situation with Chase Home Finance, as related in "Our Story Part 26," is critical; and even the proposed date of July 12th was potentially going to be too late to save the day.

We had not heard anything from our attorney, so an email was sent off to him to follow up on the hearing scheduled for today. I don't even know how to explain it, but in short; it appears that the "Motion for Substitution" was not for substitution of counsel, but merely a "Motion for Dismissal." In other words, instead of this new Dallas firm substituting in and representing the Realtors, they now have "NO" representation at all. According to our attorney, the Dallas defense firm turned the case away.

Why? We have no idea, and either does our attorney!

The clock is ticking away as the foreclosure sale date approaches and our lives hang in question. We are so very tired.

On a personal note, I am having issues with my left leg feeling like jello at times, not wanting to hold me up. Mike has tried taking me to the Fort Worth Nature Center a few times to unwind and get our minds of the property, but I become so weak, having seizure like activity that we have to get me home.

Today I begged God to untether us from this case. To meet our needs and to not allow us to be shamed before our enemies. To pour out a miracle of grace and provision upon us so that all would look upon the final chapter of this matter and glorify Him.

I really do just want some time of peace in which my husband and I can love one another and serve God without this case and the financial burdens pressing down upon us.

OUR STORY Part 28: GETTING READY TO SAY GOOD BYE

Today was a difficult day. I've been emailing with Sandy Grambort at the Humane Society for North Texas. The donkeys are due for vaccines in May, worming and seriously are overdue for ferrier service. We can't risk foreclosure occurring on June 7th, and our precious little ones being handled in some panic, not getting placed in good homes.

Sandy came referred to us by the horse rescue that took Prince and Bear. I miss them so; but watching our little ones leave will rip my heart out. Mike and I delivered Bella and Sophie with our own hands. Up night after night waiting for the Moms to go into labor. We put an air mattress in the back of the truck and parked in the round pen.

Beauty really loves Mike. She would back up to him to get her rear brushed, following him around. Sarah was my baby girl. She's so humble compared to them all, a real sweetheart.

Right after Bella was born she would crawl up into Mike's lap. She continued to do that for the longest time. Almost a year old and she still wanted to sit in his lap. She's would walk between us while holding hands all the way to, and back from, the mail box.

Sophie is like her Mom, Sarah. Humble and gentle. Two little white hairs on her forehead to tell her apart from Bella.

Then there is Zorro. He was in this little pen area when we first saw him. It was so nice to bring him here and watch him be able to run and roam around a bigger area. He loved playing with big Bear, like dogs. Zorro called out missing Bear for days after he was taken to the rescue. I know how he feels.

We had put a video together for brother Robert and sister Charlene just about a week ago. We had no idea the events that would occur since then, forcing us to part with the little ones.

Psalm 56:8-9

 "Thou tellest my wanderings: put thou my tears into thy bottle:

are they not in thy book?

 When I cry unto thee, then shall mine enemies turn back:

this I know; for God is for me."

OUR STORY Part 27: MORE DELAYS

It has been three weeks since the judge ruled on the motion to vacate the Default Judgment and grant a new trial. Since that time nothing has moved regarding a trial date. In fact, as related in a previous blog the defense counsel didn't even respond to our attorney's communication in an effort to confirm or oppose the court's proposed trial date of July 12th, 2011.

On April 7th, our attorney popped of a strong email to defense counsel only to receive a egotistical response in which our attorney was informed that the defense firm would be subbed out by another law firm in Dallas.

With a foreclosure sale scheduled for June 7th, time is of the essence. We put a call into our attorney as soon as we learned of the foreclosure sale and he is supposed to contact Chase Home Finance's legal counsel.

This morning we received a call from our attorney informing us that new counsel for the defendants is scheduled for vacation during the proposed July 12th trial date. This has been par for the course over the past two years, except now the consequences are critical in nature; today being April, 12th, we are less than two months away from what may be homelessness; 55 days to be exact.

To make matters more difficult we still have the donkeys and Sarah's foal isn't moving for us. The foals have always been very active at this stage. We actually thought she would have delivered by now, but we don't know what to think. Another email has been sent off to animal rescue on behalf of the donkeys.

Psalm 31

 ¹In thee, O LORD, do I put my trust; let me never be ashamed: deliver me in thy righteousness.
 ²Bow down thine ear to me; deliver me speedily: be thou my strong rock, for an house of defence to save me.
 ³For thou art my rock and my fortress; therefore for thy name's sake lead me, and guide me.
 ⁴Pull me out of the net that they have laid privily for me: for thou art my strength.
 ⁵Into thine hand I commit my spirit: thou hast redeemed me, O LORD God of truth.
 ⁶I have hated them that regard lying vanities: but I trust in the LORD.
 ⁷I will be glad and rejoice in thy mercy: for thou hast considered my trouble; thou hast known my soul in adversities;
 ⁸And hast not shut me up into the hand of the enemy: thou hast set my feet in a large room.
 ⁹Have mercy upon me, O LORD, for I am in trouble: mine eye is consumed with grief, yea, my soul and my belly.
 ¹⁰For my life is spent with grief, and my years with sighing: my strength faileth because of mine iniquity, and my bones are consumed.
 ¹¹I was a reproach among all mine enemies, but especially among my neighbours, and a fear to mine acquaintance: they that did see me without fled from me.
 ¹²I am forgotten as a dead man out of mind: I am like a broken vessel.
 ¹³For I have heard the slander of many: fear was on every side: while they took counsel together against me, they devised to take away my life.
 ¹⁴But I trusted in thee, O LORD: I said, Thou art my God.
 ¹⁵My times are in thy hand: deliver me from the hand of mine enemies, and from them that persecute me.
 ¹⁶Make thy face to shine upon thy servant: save me for thy mercies' sake.
 ¹⁷Let me not be ashamed, O LORD; for I have called upon thee: let the wicked be ashamed, and let them be silent in the grave.
 ¹⁸Let the lying lips be put to silence; which speak grievous things proudly and contemptuously against the righteous.
 ¹⁹Oh how great is thy goodness, which thou hast laid up for them that fear thee; which thou hast wrought for them that trust in thee before the sons of men!
 ²⁰Thou shalt hide them in the secret of thy presence from the pride of man: thou shalt keep them secretly in a pavilion from the strife of tongues.
 ²¹Blessed be the LORD: for he hath shewed me his marvellous kindness in a strong city.
 ²²For I said in my haste, I am cut off from before thine eyes: nevertheless thou heardest the voice of my supplications when I cried unto thee.
 ²³O love the LORD, all ye his saints: for the LORD preserveth the faithful, and plentifully rewardeth the proud doer.
 ²⁴Be of good courage, and he shall strengthen your heart, all ye that hope in the LORD.

OUR STORY Part 26: FORECLOSURE SALE SET

The last few nights have been brutal. Mike and I have both been battling ongoing headaches and sleeplessness. Our bodies get more run down, and Mike looks really bad these days. His skin seems clammy, his eyes bloodshot, and he complains of his heart racing when he lies down.

Nonetheless, today was our deadline to contact Chase Home Finance to discuss the loan modification requirements.

We contacted our assigned representative, Eric, at Chase Home Finance in the "Loan Modification" department. We both shared the long and painful story of our property; the diminished value, flood characteristics, fraud, Default Judgment, delays, failure to collect on our jury verdict and pending litigation against sellers' Realtors.

For the first time, it seemed as though someone from Chase was willing to listen to our situation with a human heart of compassion. He offered some suggestions and has agreed to assist us in an attempt to obtain a forbearance.

However, at the same time, our conversation was bittersweet as Eric dropped the "F-bomb"; informing us that the house was already entering foreclosure process and has been scheduled for foreclosure sale on June 7th, 2011. He went on to tell us that Texas is one of the states that has an expedited foreclosure statute, the process taking approximately sixty days.

Trial delays. New counsel coming on board for defendants. Foreclosure sale scheduled.

What option do we have but to trust God for a miracle? We truly have learned what it means to live day to day. We can barely drum up the energy to get through today, let alone fret over tomorrow. 

The foreclosure sale is scheduled on June 7th, merely two months away, and only four days after our five year wedding anniversary. We've been involved in this litigation for more than half of our marriage at this point.

Our first wedding anniversary in our dream home involved the installation of a natural gas well a few hundred feet from our bedroom, flash flooding and the disclosure of our property being located in a Special Flood Hazard Zone, with our house setting on a designated drainage easement.

Around the time of our second anniversary, we were involved with the onslaught of legal issues and discovery preparation for our case. We also would receive a call regarding the unexpected death of Mike's father the day after Father's Day.

Our third anniversary was spent dealing with the repercussions of the loss of our business and income, a business Mike had successfully run for over twenty five years. We also were dealing with the simultaneous disappointment of the defense attorneys delay tactics which pushed our June trial date to September; and the consequences of that delay being the surrendering of our horses to a rescue.

OUR STORY Part 25: UNDISCLOSED EMAIL & THE CHANGING OF THE GUARD

On March 22, the Parker County Judicial website posted an update reflecting the judge's decision, granting the defense's motion to set aside the Default Judgment and grant a new trial.

It's been two and half weeks since the ruling, and we have been contacting our attorney on numerous occasions in and effort to find out when a new trial date will be set. As usual, it's been painfully slow going.

Yesterday I emailed our attorney, once again; and as a result we received a copy of a very strong email sent to defense counsel from him. The email read:

"B----: 

I have contacted the court and she has July 12, 2011 as a trial date.  I told her I wanted that date and I am supposed to confer with you and Ed.  I left Ed a message.  If you can not agree to this date and or I don’t hear back from you, I will set a hearing for setting the trial date. 

It was pretty easy to get a Parker County jury to find fraud, fraud in a real estate transaction and lesser claims against Deborah Moran and she had a much better defense than your clients.  Additionally, either your clients did not give you all of their emails or they were not given to me, but either way, there is an email from one of your clients that clearly demonstrates they knew intimately what the problems with this property were and what should be done about it.  I also expect your carrier is not going to indemnify your clients for any fraud findings.  That means that they are going to be personally responsible for the judgment.  If it is not satisfied, then we will go to the TREC Trust Fund and they will lose their licenses.  Whatever sunny picture you, your carrier or your clients had about how trial is  or was going to come out is seriously flawed in light of the facts that the jury will hear.    I have now had a week long focus group.  I have weathered the defenses you will present and I know even better what to do this time.  If you don’t have that email, you need to ask your clients to go back and get it again.  In the meantime, if you want to protect your clients and prevent them from losing their real estate licenses, let me know." 

We were so excited to receive this. Finally, some real pressure being applied to defense counsel.

The email referenced in his letter to defense counsel involves email correspondence that the seller's Realtors failed or refused to turn over during discovery. The email showed up later in a set of documents which were provided during later discovery from the title company. Moreover, the email seemed to be out of order in the documents making it more obscure.

This email proves not only that the sellers' Realtors knew of the flood zone  and drainage easement issues on the property, but that they had been in direct contact with the surveyor of these issues. It is very incriminating... aka Smoking Gun!

Nonetheless, just as soon as our excitement would hit over this recent correspondence from our attorney, we would receive a forwarded response from opposing counsel that knocked the wind right out of us.

"I am delighted to report that I no longer need to listen to your happy equine by-products.  You may now try that flatulent approach on new counsel.  I will be out of this by next week.  Hopefully for your sake, your clients will not get what they deserve and they will only get poured out yet again.  I am uncertain what you get out of this approach but it is sophomoric if given a charitable description.  You catch more flies with honey than with vinegar.  I commend unto you ...honey. You are dealing with a couple of people who are wonderful humans and trashing them may make you feel strong and important but what you really do is undermine your credibility , if any.  The motion to substitute will be arriving....strong email to follow.  Have a great day.

E-"

Alas, the last pot shot by this firm, along with notice that they are being replaced. This, in essence, could push our trial date and reinvent the wheel, somewhat.

Today is the last day to satisfy requirements with Chase Home Finance for the "loan modification" application. Unfortunately, we are unable to meet their requirements.

We are in the hands of a sovereign God, and don't know our tomorrow.

 

OUR STORY Part 24: "HELLO, THIS IS CHASE REGARDING YOUR INSURANCE"

We are still waiting to find out what the judge will do about setting our new trial date. Will the defense be forced to go with a June 14th date? They were certainly willing to agree to that date in exchange for us agreeing to voluntarily withdraw our "Default Judgment" in the amount of $1,177,500.

You would have to understand what it was like to be presented with that option, especially when we know we can't trust defense counsel to stick to any agreement with regard to calendaring or efforts to approach a settlement.

Here we sit facing homelessness, losing everything; and someone expects us to just throw away a paper we have in our possession granting us $1,177,500?

Now we get to sit here dealing with the reality that we have no Default Judgment and no June 14th date, unless God moves on the heart of the judge. So, we wait.

In the meantime, Chase Home Finance just caught up with the fact that our homeowner's insurance policy has lapsed and is threatening to enforce their own policy if we do not provide proof of coverage within the next 5 days. Their policy will cost us over $6,000.00 and has already begun retroactive until such time as we provide then with a private policy.

How do they come up with a policy amount of $6,000 plus a year? Our homeowner police was $2,092.00 annually. I feel like I am in some communist third world country. Next they come to remove my vital organs.

Oh, it doesn't matter that the house has been appraised at $0 or that the land has been reappraised at $25,000. Nope, they want insurance for coverage on the amount of their loan!

We don't sleep any more and the stress has been so overwhelming. So, today we packed a lunch and went over to the local nature reserve to clear our heads and attempt to destress; only to come home and have to deal with a message left by Ryan from Chase Home Finance about a $6,000 plus insurance policy to be enforced. Mike then got to endure being shuffled through multiple telephone extension transfers in the Chase Home Finance 800 abyss.

I think I know what the Chase logo represents. It's symbolic of the double vice grips that will most assuredly come down on you when your going through a financial crisis. Yes, it looks to me like the symbol of financial DEATH resulting from Chase's greed!

OUR STORY Part 23: DEALING WITH DISAPPOINTMENT

Interestingly enough, we had a good day yesterday when we received notice of the judge's ruling. It wasn't what we wanted to hear, but we spent some time of fellowship and prayer with our friend, Linda Rose.

Today was a much different story. It was a very difficult day; another night of little to no sleep leaving Mike exhausted. Mike didn't last long before he had to head back to bed.

As time goes Mike seems to get progressively weaker physically. The other day his face was white as a sheet, and he wasn't cognitively functioning all that well. He said he felt dizzy and just needed to lay down for a bit. He went in to the bedroom and I followed shortly thereafter.

I know we are to walk in faith as professed believers of Jesus Christ. But, I often feel the need to be near Mike when he gets like this. I want to be close by just to make sure he is still breathing. He works every day to be strong emotionally and spiritually for me; but the toll it is taking on him is beyond description.

Mike used to read to me every night as I lay on his lap on the sofa. It was a very precious time. We have a collection of A.W. Tozer books that we would also sit side by side reading and highlighting. That has pretty much dwindled away as Mike becomes weaker and his voice strained most of the time.

As though it was yesterday; I can still remember our plans moving here. We were looking so forward to the physical benefits of working our property. We had great plans for planting a large garden of fresh vegetables and herbs; hoping to be able to donate some food to the hungry and homeless. Now we are facing the reality that we may be the "hungry and homeless."

Although, due to the water flow across the property we never were able to fulfill the dream of a large garden, we did begin to get into great shape working around the acreage. We were eating healthy, had rid ourselves of television; and tried to have a positive attitude and work at a healthy productive pace.

Unfortunately, the stresses of the flooding issues, the subsequent economic backlash of flood insurance and loss of property value have been devastating. The failing economy didn't help matters with loss of business. We would have been able to jump start something had we been able to access equity in our property. We put $80,000 cash of our hard earned money as a down payment when we purchased this property. But with the home now valued at $0 "ZERO" and the land reappraised at $25,000, we are unable to refinance against any equity or sell the property. Even if we could dump this property for $25,000, we still have a mortgage obligation to Chase Home Finance for $319,000.

It is very hard to put into words what this has done to us. Besides robbing us of more than three precious and unrecoverable years of our lives, and our only savings in the form of our investment in this real estate; this situation has robbed us of the ability to see our elderly parents. I was forced to miss my father's 80th birthday party. The only thing he told my mother that he wanted for his birthday was to have all three of his daughters with him.

Two years later my mother's 80th birthday arrived, and again, I was unable to be with her. Moreover, we almost lost my Mom to issues with her blood pressure and kidneys. Instead of being with my parents, we have only spent moments in tears on the phone.

Failed efforts to revive our business and generate income along with attempts to generate other new business has been painfully unsuccessful. In the process we have drained my parent's of much of their retirement savings as they desperately try to keep us in this house so that we do not compromise our case; and of course they worry about me.

While we had been receiving help from my elderly parents, we at the same time recently had to stop assisting Mike's elderly mother who lives in a trailer park in a rough area of Las Vegas, Nevada.

This summer she called us in desperate need of help because her swamp cooler was not working and the temperatures were peaking at 114 degrees. I can remember the look on Mike's face as he had to tell his mother that we did not have the finances to repair her swamp cooler or to replace her a/c unit. She is not in the best of health, and had to dig into her meager social security income to have someone come out to address the issue.

I'm sorry, am I using the word "desperate" a lot? Well, that's our situation. While greedy attorneys appear to be needlessly and maliciously dragging out this case, our lives and the lives of our parents are being stressed to their painful limits.

It's one thing to feel you are not providing for your wife; and yet another to have to turn away your elderly, single mother. We tried to get her to come with us to Texas, but she is a stubborn woman, set in her ways and Las Vegas is where she wants to be. Nonetheless, she is his Mom, and he is her only child.

We stand at the precipice today teetering between moments of faith and assurance that God's will shall be done, and those moments where we are tempted to jump. God forgive us for those weak moments. We are just so tired.

All I care about is having my husband whole and alive at the end of this.

OUR STORY Part 22: THE JUDGE RULES

Well, today the judge finally ruled on the matter of our Default Judgment which he had granted on January 7th, 2011. Motions were filed by the defense in an effort to have the judge vacate the judgment and order a new trial. The judge granted the defense's motion and we are now awaiting confirmation of our new trial date.

Events and Orders of the Court
03/22/2011 ORDER
SETTING ASIDE DEFAULT JDGMNT AND GRANTING MOT FOR NEW TRIAL