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 31: UNITED THEY STAND, DIVIDED THEY FALL?

Yesterday was very surreal. We received an email from our attorney sharing some very suprising news from the new defense firm. His email read, in part:

"Did I tell you I sent new discovery to the new counsel. He has shown me a document he is “GOING” to file – a petition suing Swan and Moran and Ready Real Estate. Not only can he not do that I actually probably want him to do it. I think if Deborah is down there and I lay into them on the email and what Rees knew, it will be triple teaming against them. But we’ll see if it gets that far."

What is the relevance of this? Well, it appears that the sellers' Realtors are now planning on suing their very own clients and, consequently, our Realtor. Pretty amazing! Amazing because they are now going to put people who were their witnesses a.k.a. "on their side" in a defensive posture.


The sellers' Realtors not only knew the characteristics or "issues" with this property (i.e. flood zone and drainage easement), they were warned by a fellow Realtor approximately five days prior to our putting an offer on the property. (read more)

Funny thing is, we have always felt that their clients have every right to sue their Realtors. Based on the evidence and testimony to date, it appears that these Realtors knowingly allowed their clients to pass on a property without providing full disclosure of the issues on the Seller's Disclosure form. One might go so far as to say that it appears they encouraged such.

A couple of weeks ago we had the sense that a "Rahab" was going to be flushed out soon; meaning that someone on the inside of this whole mess would begin to "sing" like a canary and reveal some of the details of the dirty deeds. We and our attorney are hoping that this last little stunt will motivate the sellers and/or our Realtor to start revealing more about the sellers' Realtors activities during escrow.

The sellers' Realtors are no small potatoes in this area. Here is a write up from one of their websites:

"In 2000 Rees and Piper felt the need to provide a higher level of service to customers and concepted the "Rees and Piper" team in which two top producing Brokers could use their unique specialties to provide a higher level of service than any single agent could provide. Results of this partnership have been unsurpassed with team sales exceeding every other agent or team in Parker County with over 35 million dollars in real estate sold in 2006. The Rees and Piper Team are ranked in the top 3 in the state and in the top 25 in the nation in the Century 21 system."

During a phone conversation with our attorney last night he confirmed that he had related to the attorneys for both our Realtor and the sellers about what was about to come down the pike at them. Of course, our Realtor's attorney was of the same mind as our attorney; wondering why they would do something so absurd. Well, there is nothing new under the sun . . .
"They encourage themselves in an evil matter: they commune of laying snares privily; they say, Who shall see them? They search out iniquities; they accomplish a diligent search: both the inward thought of every one of them, and the heart, is deep. But God shall shoot at them with an arrow; suddenly shall they be wounded. So they shall make their own tongue to fall upon themselves: all that see them shall flee away. And all men shall fear, and shall declare the work of God; for they shall wisely consider of his doing."
Psalm 64:5-9


"But the LORD thy God shall deliver them unto thee, and shall destroy them with a mighty destruction, until they be destroyed."
Deuteronomy 7:23

"Surely thou didst set them in slippery places: thou castedst them down into destruction."
Psalm 73:18


Proverbs 21:1 "The king's heart is in the hand of the LORD, as the rivers of water: he turneth it whithersoever he will."


On another note

Today was very difficult. It was the first time I had to go out and pick up branches after the recent storms. With over 80 trees you can't let it get ahead of you. Mike and I both avoid going outside by the barn unless leaving the property. It's still very painful. The horses are gone, our precious little ones are gone now too; and the tractor used to maintain the property is gone. That on top of the fact that we don't even know if Chase Home Finance will be foreclosing on us before this matter is concluded makes it very hard to do anything.

Our attorney did send a letter to Chase's legal department and to the local law firm handling the foreclosure. (see letter here). It is not the first time he has gone to Chase in an effort to get them to work with us; but they just don't care.

Over a year ago I spoke with Chase's representative, Rod Reuscher, from their legal department. I shared with him all of the issues with the property, the fact that it had been devalued to $0 by the county, etc. I sent him all of the evidence to support the claims and explained to him that Chase would end up taking a property that had no value. I pleaded with him to work with us through our attorney on this, that we would guarantee a lien to Chase at the end of the case so that they would receive payment due. But, as mortgage lenders go; Rod's response was simply that Chase was a big company and they wouldn't feel it. He went on to remind me that we had an obligation to our mortgage loan contract. When confronted about the fact that our mortgage loan was presented to us under fraudulent circumstances, which was the reason we were engaged in a civil suit; Rod went on to explain that it had nothing to do with our obligations to Chase Home Finance as they were not a party to our suit or involved in our escrow.

May God show Rod and Chase the same mercy that they have shown us.

MISSED YOU IN THE PASTURE TODAY BELLA

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

A MUCH NEEDED CALL FROM JOE!

Today we experienced a miracle. We contacted the dealership to finalize some on-going discussions regarding them taking our tractor and attachments on consignment. The gentleman told Mike that he would call back with a firm time tomorrow for their driver to come pick up the tractor. He called back a couple of hours later and said they would be here in the morning to pick up the tractor and leave us paperwork for the consignment.

The past couple of days I have not been sleeping well. Dealing with my heart issues over the past year, today was one of the worst. I literally couldn't sit up without struggling with my breathing and severe weakness. After ending up in the bed twice, Mike finally came in to check on me and see what was wrong. He was concerned because I never nap, and any suggestion that I take one has been met with just about the same resistance as an obstinate child at nap time.

Mike didn't know that I had been holding in some very serious stress factors regarding the animals. We have not been able to find homes for the donkeys, not even rescue. I just couldn't find it within myself to burden my husband about the need for veterinary care when he is battling with the issues of potential foreclosure, unpaid bills, utilities and food. Today as he was paying bills he asked for me to go online and check the balance. That experience did me in and I crawled in bed, curled up in a ball and listened to “Worn Out Saints” x 2!!!

Later I was on Skype with my best friend Linda, weary and in tears. I unloaded a little to her explaining that all of the animals were due for Rabies vaccines and I didn’t know how I could go to Mike. Moreover, one of the donkeys has a foal due any time now. The dogs are in need of Heartworm medication as well, and the wet season is approaching. In Texas, when it comes to animals you don't play around at all with Rabies or Heartworm. In fact, we had a rabid raccoon on our property a year or so ago, and that picture was running through my mind.

Then, it happened! At approximately 5:00pm this evening we received a surprise call from Joe over at the tractor store. He had been speaking to the owner about our consignment and the owner told him to approach us about a deal. Joe related to Mike that if we were willing to reduce the tractor by another $500.00 they would cut a check for the full amount and send the check along with the driver when he came to pick up the tractor in the morning. This was a miracle of miracles in that we live smack in the middle of tractor country, and not only did they take the tractor but all of the accessories. PRAISE GOD!

We are just over three months in default on our mortgage payments, defaulted on homeowner insurance, defaulted on property taxes and other stuff. John Deere was giving us two months grace on our remaining tractor payments, but with what we had in our account we were not going to make it past another couple of weeks on basics.

We are not out of the woods by any means, but we are so encouraged and trusting God that this blessing will help see us through as God continues to work out the issues of settlement and a resolution of our real estate fraud matter.

We are surviving on God's grace.

UPDATE: We were unable to bring the mortgage current. We had to chose between electricity, food, our truck payment and auto insurance The mortgage company mandates full payment and will not except partial. They also eventually enforced their own homeowner insurance policy at about $6,000 per year on top of the flood insurance policy. At this point we just have to ride this out and survive until we get a trial date, hopefully before money runs out.

OUR STORY Part 21: PARKER COUNTY TAX APPRAISAL DISTRICT

In 2009 we attended a review hearing with the Parker County Tax Appraisal District in order to contest the actual value of our house. The Review Board received our evidence and unanimously agreed to reduce the amount of the improvements. However, due to a lack of information available at that time, they stated that were not able to reduce the amount as much as they would have liked to. The Review Board made sure that our rights were preserved and that we understood those rights to pursue the matter further in arbitration.

An arbitration hearing was held a couple of months later. During the arbitration hearing the county appraisal district offered no evidence or verbal argument to refute ours. The end result was a quick ruling by the arbitrator in which she concluded that the improvements to the property (a.k.a. house) had a $0 market value. It should be noted that the arbitrator was also a licensed Realtor.

At the time of the initial hearing and arbitration, we were unaware of our ability to contest the land value as well. Following a professional appraisal being done in preparation for trial, and subsequent testimony provided during trial; we decided to proceed with another hearing before the Review Board.

Today the Appraisal District's Review Board considered the professional appraisal and additional testimony by Mike regarding the estimated value of the land. Not knowing exactly how to handle this animal; and admittedly not having any comps to compare our property against; could not conceive of land having now value. However, the board clearly understood that the structure had no value and that the land can not be used commercially since it is located within a private association. Moreover, the structures would need to be torn down; and then there is the issue of the entire property being located in Flood Hazard Zone A.

The appraiser shrugged his shoulders looking over at the Review Board, not knowing how to handle this value because he admittedly has no comps with the same characteristics as ours; in that he has no land located in an association with a designated drainage easement; the property completely located in Flood Hazard Zone A. The Review Board also had pause as they turned and looked at one another perplexed, until one of them decided to pull a number out of his hat. That's right, no comps or official data to back up his recommendation, just a number that wasn't "ZERO" $0.

The Review Board decided to ignore the appraiser's professional report and follow the "alpha" of the group; arbitrarily using some random number, reducing the appraised market value from $75,000 ($15,000 per acre) to a value of $25,000 ($5,000 per acre).

Towards the end of the hearing the one gentleman who came up with the random property value, scoffed at us with this sarcastic smile, asking something to the effect: "How do we know you won't get all this money from your lawsuit after we do this and just split?" It hurt so deeply when he said that to us; all I could think was, if he only knew we are just weeks away from being homeless. All I could get out with tears rolling down my face was: "You have no idea how badly we wish we were in a normal home paying normal taxes, our lives back."

It was a pretty difficult morning for us both. My head was throbbing, chest hurting; at one point it felt like the room began moving. Neither one of us are handling stress very well these days physically. We are just exhausted.  We just keep crying out to God for mercy, and His grace.

ARBITRATION RULING - HOUSE APPRAISED VALUE "ZERO" $0

OUR STORY Part 20: THE KINGS HEART IS IN HIS HAND

"The king's heart is in the hand of the LORD,

as the rivers of water: he turneth it whithersoever he will."

Proverbs 21:1

We received an email from our attorney today. I would venture to say that this is the first formal letter we have received from him since he was retained over two years ago; discounting our retainer agreement that is. I think this is what one might refer to as a CYA "Cover Your Attorney" letter.


On January 7th a Default Judgment "prove-up" hearing was held; a Default Judgment was granted to us by the judge that same day, in the amount of $1,177,500.

 As a result of the ongoing arrogance of defense counsel; although they knew the January 7th hearing was scheduled, they elected not to attend the hearing in order to contest the judgment at that time. Instead, they simply wasted the court's time and chose to engage in yet another series of calculated delays, and abuse of the judicial system.

 You can almost picture all of these overpaid, pious and self-loving attorneys, rocked back in their big overstuffed leather chairs; cigar in mouth as they fold up one legal motion after another like paper gliders aimed to hit the Parker County Clerks office with the synchronized precision of the Blue Angels. Bam, bam, bam...

 My favorite post on the website was:

1ST SUPPLEMENT TO DEF'S REPLY TO PLNTF'S RESP TO DEF MOT FOR NEW TRIAL AND MOT TO SET ASIDE DEFAULT JDGMNT

Interpretation? That's "first supplemental to defense's reply to plaintiff's response to defense's motion for new trial and motion to set aside default judgment." Yes, and I estimate that this all plays out at an average of about $350 per hour...per attorney.

 Finally on March 3rd a hearing was held for defense counsel to present their argument in opposition to the Default Judgment, arguing case law. And, during the hearing the defense counsel pulled a rabbit out of their hat; otherwise referred to in this case as a "hyper-technicality."

 Apparently the return of service from the process server, did not include a notarization or a description of his official capacity. So what defense counsel did was sit on the serviced petition and not answer because this is a game they admittedly play all the time. In fact, they told the judge that very thing during the hearing, which apparently ticked off the judge; or so our attorney related.

 So even though the defendant's admitted to receiving their petition; and admitted to signing for receipt of their petition; and admitted to giving said petition to their lawyers; who admitted to receiving said petitions . . they refused to answer them within the allotted timeline under current law.

 Nonetheless, that being the case, there is a possibility that; should the judge stand with the judgment and rule in our favor; case law may afford defense counsel victory if it is overturned in appellate court.

According to our attorney, the court “seemed” favorable to our position, and "chewed" out defense counsel for playing games. Defense counsel agreed that their clients were served; and it is supported that they were served properly. However, the hyper-technicality of the process server's signature throws a little wrench in the mix and the judge has now taken the matter under advisement. And, we wait again.

On Friday, one day after the hearing; we received a telephone call from our attorney telling us that defense counsel had agreed to an early trial date of June 14th  "IF" we would be willing to an agreed order setting the Default Judgment aside prior to the judge making a ruling. We told our attorney that we wanted to take the weekend to discuss the matter and pray. He chuckled, as usual, mocking our faith.

Monday morning Michael contacted our attorney and informed him of our decision to forego the deal with defense counsel, and instead, await the judge's ruling. Thus, the reason for the "CYA" letter we would later receive from our attorney.

The bottom line is that we have been assured trial dates and settlement offer proposals to no avail for the past two years. Now it is time to trust in the Judge of all judges, and follow peace as we know it.

 

OUR STORY Part 19: IT'S ALL RELATIVE?

I will never forget that horrible day, early February 2009. It was an early afternoon and we had just received a rare return telephone call from the Texas Real Estate Commission (TREC) investigator assigned to our case. He was the second investigator assigned; the first one never contacting us, had subsequently been terminated by TREC.

The investigator and I were discussing the sellers' Realtors and, specifically the listing agent as I was standing at our living room window looking out across the yard at the natural gas pad behind our home.

The investigator asked me if I thought that the two seller's agents were equally involved in the non-disclosure issues on our property. I told the investigator at that time that I felt the one Realtor was the main culprit in the non-disclosure and efforts to illegally pull our house out of the flood zone. I went on to tell him that the sellers' listing agent was young, and probably the least experienced of all the Realtors.

The TREC investigator disagreed with me stating that the listing agent was "not that young," "was quite experienced having been an agent for some time"; and that she was not just an agent but actually "a real estate broker at this time."

Upon conclusion of our telephone conversation I went to the TREC website to look up the listing agent's educational portfolio and see if I could determine her years of experience. That's when the horror hit, and I ended up literally sick to my stomach. I immediately phoned the investigator back after confirming what he had stated earlier to me; and in addition shared some information that began to paint a very ugly picture of fraud beyond that which we had originally thought.

I told the investigator that when I looked up the agent's information she had her maiden name listed hyphenated, as many professional women do these days; and that her maiden name was a very well known name by many in these parts. The family name is linked to hundreds of acres of land in the immediate area; and that included about 200 acres on which our entire association was developed. What's more, the Realtor's family name was posted on the natural gas well installed behind us; the family alone having collectively approximately 388.463 acres leased in the pool.

The Realtor's "Uncle Anson" lived right behind us, owning most of the acreage which drained water runoff onto our lot. Uncle Anson had sold the acreage where the well sits now to our neighbor just a month after we closed escrow. Our neighbor spent the next couple of months battling to keep landsmen off of his property and a natural gas well from being installed.

During the sale of his 11 acres to our northern neighbor, Uncle Anson made an interesting comment while walking the property line one afternoon. The details can be viewed here. Uncle Anson's conversation with our neighbor.

At her deposition. the sellers' Realtor (a.k.a. Uncle Anson's niece); stated that she was unfamiliar with the area, and specifically with our property (a.k.a. Grandpa Jim's old cattle ranch). Yet, I will never forget the nervous look on her face and the fidgeting as I looked across the table at her during my deposition.

Her attorney asked me why I felt that his clients knew about our property and why they should be held accountable for non-disclosure. That's when I bellowed out the whole scenario of Uncle Anson, the neighbor's conversation, the gas well with grandpa's name branded on it, and the fact her family once owned all this land; their precious relic of a historical barn not far behind our property.

And although I was not given opportunity to share additional information that I was aware of; we had information through county records that showed that she had a relationship with her beloved Uncle Anson. He apparently (being a contractor) built a home for she and her groom. Records also show that the Realtor was the listing agent selling Uncle Anson's home which sets on a hill right behind us. He listed the property shortly after he unloaded the 11 acres platted separately to our neighbor, which ended up being a massive drill pad site.

County records and documents obtained from the Texas Railroad Commission website affirm that the family is clearly on lease and benefiting from royalties received from grandpa's natural gas well located behind our property. I should add that this natural gas pad site is located in Flood Zone A; and was installed without any formal flood studies done prior to installation. It wasn't until after we contacted the County Flood Plain Administrator and made some noise that an engineering firm came out to the area and did a belated study.

The belated engineering study done by Dunaway Associates leaves us with more questions than answers. Such as:

1. How is it that a drill bad is allowed to be installed in Flood Hazard Zone A without a flood study?
2. There are no Base Flood Elevations in the area; so how did they determine elevations in their study?

We had gone to this same engineering company asking for help in obtaining an elevation certificate for our home. The response was that there were no benchmarks for Base Flood Elevations in the immediate area to be able to determine this without great costs. So how did they do so for the drill pad?

Here are the maps included in the Dunway Engineering report in original color format.

Map 1

Map 2

Overlay Map 3

OUR STORY Part 18: GAZING OVER THE PRECIPICE

I've explained in earlier blogs that we initially filed a law suit against three Realtors in 2008; our Realtor and the two (2) sellers' Realtors. The sellers' Realtors being major conspirators in the perpetuation of real estate fraud against us.

On the day of trial, the sellers' Realtors' attorney came in to court too ill to try the case. Consequently, we had to non-suit the sellers' Realtors out and refile in order to proceed with the case against our Realtor.

On September 27th the petition against the sellers' Realtors was refiled, and this began another period of patiently waiting to know the outcome of our life. 

The last several weeks have seemed like forever. On January 7th we were granted our Default Judgment as a result of defense counsel's failure to answer our petition.

Almost two weeks later, on January 19th and 20th, defense counsel filed their answer (response) to our original law suit (petition); At that same time they also filed a motion asking the court to have the Default Judgment thrown out; and a new trial granted in its place.

Finally, almost one month later; our attorney filed an answer to the defense's motion on February 14th. And, once again the defense filed yet another motion on February 16th in response to our answer to their motions.

The silence has been somewhat deafening. All the while this prolonged legal chess game just continues as we deal with the very immediate issues of delinquent mortgage payments, a cancelled homeowner insurance policy, and the very serious reality of homelessness.

This past weeks had been particularly difficult.  Our attorney not responding to emails or voicemails. My stomach wrenches up in knots as I click on the bookmarked tab to go to the county judicial website to check on the status.

Finally, updates hit the county judicial website and a hearing is set for March 3rd to argue the Default Judgment of $1,117,500. A few faithful brethren have aligned themselves beside us to intercede and fast on this day; a couple of saints encouraging us and exhorting us on the phone. Thank God for true brethren.

Something had dropped in both Mike and my heart at separate moments of prayer. We both had a check in our spirit as to whether we should be attending this hearing. We had always attended hearings up to this point, but for some reason on this very important day we did not believe we were to be present in the court room. We consulted with two brethren and confirmation was made; we were to stay home. Our attorney stated he did not need us there, and in fact, that it may hinder the judge in expressing himself at that time.

So, hearing day arrived and it was a very long exhausting day for us. The hearing began at 1:30p.m. and we heard nothing until approximately 4:30p.m. or so when our attorney called; just as Mike was in the kitchen fixing a bite to eat after a long strenuous session of intercessory prayer in his prayer closet.

Speaking to our attorney is never a pleasant event; and it has become increasingly unpleasant since the fiasco involving the jury verdict form error with the first trial where we were awarded punitive damages of $125,000 and additional $43,000 in attorney fees that we will never be able to collect.

Well, on hearing day our phone call from the attorney was "bitter sweet" as they say. I will begin by taking you back a few weeks earlier when I was awakened with what seemed like an audible voice of the judge. I was standing outside the courtroom doors and could hear him rebuking the defense counsel; and then heard the words "Default Judgment stands as is." I shared the dream with Mike as I hurried out to where he was that morning, and then later with my best friend, Linda.

I am one who is not big on dreams and such, but this one felt significantly different than anything I had experienced. It was put on the memory shelf and not given too much credence until I received some sort of confirmation.

Well, during our phone call with our attorney on March 3rd, he started off by sharing that the judge was "yelling" at defense counsel. Apparently, they admitted that they sat on the petition and failed to answer it based on what they deemed was a "technical" error in service. He also apparently slammed them for not showing up at the January 7th "Default Judgment" hearing, wasting the court's times with delays being played like a game.

But then, during the conversation, our attorney shared that another wrench had been thrown into the process. He stated that; should the judge rule in our favor and the Default Judgment stand, defense counsel had legal grounds on a "hyper-technicality" to appeal, and would probably succeed. Apparently, a police officer (sheriff) served the defendants. The service was done correctly, but the police officer (a.k.a. officer of the court) failed to have his signature properly authorized or notarized on the returned receipt.

Again, the defendants and their attorneys agreed they received service. The defendants both signed for receipt of their service, as did the police officer. He just didn't process his signature properly with a notary or something.

So, we await the judge's decision; yet in the meantime we received yet another phone call from our attorney. Defense counsel has approached him agreeing to set an early trial date of June 14th (early?) if we will agree to have the Default Judgment tossed. Really? Now why would they want a Default Judgment tossed if they are sure they can have it overturned in appellate court?

So....was my dream from Abba knowing that we would be facing this situation? Do we await the judge's ruling, perhaps standing with the Default Judgment? Or do we toss it out and head to trial on June 14th believing He will make a way for us to have a roof over our head until that time? We are in $7,100 default on our mortgage payments along with other issues. If we are foreclosed upon, it harms our case significantly in damage recovery.

We are now seeking wisdom from our only true source, and the One who knows all things, Abba.

It kind of feels like we are standing on a precipice with heated breath on our backs. Praise God we are not of this world, but merely pilgrims passing through.

OUR STORY Part 17: A GET OUT OF FRAUD FREE CARD

Millstone drops again!

There was the matter against our Realtor, and then the matter that had to be refiled against the sellers' Realtors due to an attorney's health issues which forced us to dismiss and refile; separating out the one big case into two separate cases.

As quoted by our own attorney:

 On September 17, 2010, a jury found that our Realtor committed negligence, violated the Texas Deceptive Trade Practices Act and did so knowingly and most importantly, they found she committed STATUTORY REAL ESTATE FRAUD!

The jurors awarded us $125,000 in punitive damages and an additional $43,000 in legal reimbursement costs to our attorney; the full amount requested by him during testimony of legal fees.

However, we were never able to collect these damages; being told that there was a problem with the manner in which the jury verdict form was completed. This nightmare forced us to have to file a motion to either have the judge plug in the correct number in the correct place, or alternatively, to grant us a new trial.  The judge denied both motions; and we were forced to take the only remaining step, filing with the appellate courts.

Our case was taken on contingency; but we have found along the way that contingency does not necessarily apply to everything; and most importantly an appeal process. 

Today as I ventured on to the county judicial website to check up on the status of our cases, I found that this would have severe implications for our matter against our Realtor. The court website had this posted:

Events and Orders of the Court 

01/28/2011 JUDGMENT

01/28/2011 JUDGMENT

& MEMORANDUM COA DISMISSED FOR WANT OF PAYMENT

01/12/2011 INFORMATION

BILL OF COST FAXED TO & MAILED TO (Plaintiffs’ Attorney Info Redacted)

I contacted our attorney and he confirmed that; as a result of our not being able to come up with approximately $7,000 in appellate legal filing and hearing costs; our Realtor has now escaped any and all repercussions and/or consequences for her actions. 

Apparently, the lesson to be learned here is that even with a guilty verdict issued by a civil court jury; you can perpetrate Statutory Fraud, Negligence and violate the Texas Deceptive Trade Practices Act (DTPA) without so much as a "time out", while the victims of fraud pay severely.