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 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.

OUR STORY Part 16 (continued): GOOD BYE HUMBLE ACRES

Today we received a response from the rescue:

Annette,

I am so sorry to say I cannot help right now.  I am taking in 10 Mules and an older Percheron from a huge seizure done at Christmas time.  I am also working with a donkey breeder that is surrendering 10 donkeys....Can you call the Humane Society?  They will probably take them.  Tell them you know me.  Ask to speak to Sandy Grambort.

Prince and Bear are great!  Bear lives in San Antonio now and Prince is getting ready to leave and move to Dallas.  Both homes are amazing!  I love them both!  Prince has a little girl who dotes on him.  Bear has a middle aged woman that thinks he walks on water... so both great homes.....

Deb

GOD HELP ME!!!

OUR STORY Part 16: GOOD BYE HUMBLE ACRES

Had to send out an email that I guess I have been avoiding for weeks now. Time is running out and although we put our trust in Abba, there are things we must do in the natural as economic circumstances bear down on us even more.  That's the hardest part sometimes; knowing when to act and when not to react. You don't want to react in fear, but you also don't want to curl up in a ball of emotional denial. Make sense? 


We ask each other "Are we missing something?" We don't believe so, and yet seek God each day trying to understand it all, and His will for our lives.

But for now it becomes about putting the best interests of our animals before our own.  So, it is time to say good bye.

Hi Debra,

As you can imagine, I can hardly breathe while writing you this email.  It’s like the last kick in the gut.  Nonetheless, I need to know if you are still interested in the donkeys.  We have tried holding on as long as possible but now it is a matter of veterinary care and a foal due in March.  Our case just drags on.  We were awarded a Default Judgment of $1,117,500 on January 7^th   related to the second half of this nightmare; but defense has filed a motion opposing it and are trying to get it thrown out and a new trial put on calendar.  We can not survive another delay.  My husband and I are about a month away from being homeless.  Please let me know.

Also, we have a John Deer tractor and attachments that we need to sell.  They were purchased brand new in April/May of 2008 and have about $1,500 balance left on the loan.  There is a box blade, bush hog, rake and manure spreader.  If you know anyone, please let me know.

God bless,

Annette

It was very difficult saying good bye to the horses when they went to rescue; but our little donkeys are a whole other story. We weren't going to get the donkeys after our horses.  We had looked around a bit and spoken to a woman in the area.  One day we received a call out of the blue from this same women we had spoken to about miniature donkeys; she was a widow who was closing down her donkey farm and looking to find good homes for her donkey family.  It just wasn't the same since the passing of her husband and she believed God was moving her into a new season in her life.  We agreed to take a few of the donkeys and named our little adventure "Humble Acres Miniature Donkey Farm".


The donkeys first arrived in April 2008; just a week before the first flash flooding on our property; and consequently, just before all hell would break loose and we would find that we were living in a flood zone.


Now we are having to say goodbye to a couple of little ones that we helped usher into the world with our very own hands. Late nights out at the barn waiting for mommies to going into labor. Precious memories.


We almost lost Sarah when she birthed Sophie, but Mike was a true hero.  I was blessed to be able to help with Beauty's little foal, Bella.  Such a miracle of God's creation. 

OUR STORY Part 15: COMPOUND FRACTURES

Over these past few years there have been trials within trials.  The increased and unexpected expenditures of mandated flood insurance and a tractor payment hit us about the same time we started experiencing the backlash of our declining economy.  Along with the failing economy came the slow collapse of our media consulting and advertising business, specializing in the hotel and travel industry; a business that had been quite successful for over twenty-five (25) years. 

Mike and I have been very resourceful entrepreneurs over the years and lead a very simplified life.  We would have survived this "compound fracture" except for the fact that we have not been able to, like most homeowners, access our equity. Our equity in the property was substantial being that we made an $80,000 cash down payment when we purchased.

The property has become a financial sink hole into which we are now forced to pay more than we were qualified for, and agreed to, in monthly mortgage payments; the mandated flood insurance policy premium now increasing our monthly mortgage by an averaged of twenty-five percent (25%).  And this is all occurring even though the property value is reappraised as having a fair market value of ZERO ($0)!

Despite the representations made during escrow; the dirty little secrets about this property have now been discovered, and the horrid facts confirm that the house indeed sits on a designated drainage easement; the entire property determined as being located in the "Special Flood Hazard Zone".

A Blessing and a Compound Fracture

When God called us out of Southern California, there was much prayerful seeking as to where we would be moving; and after several months we both agreed on the state of Texas. Mike was born in Dallas County, Texas, and later moved back to the Dallas area for a period of about five years

At a very young age Mike's mother had taken him out of the state, refusing to allow his father to know where they resided. Never having any support or encouragement to pursue finding his father, Mike didn't act on his curiosities until his early fifties. There was brief communication at one point, but nothing became of it. I knew Mike's father lived in southern Texas, around the San Antonio area, along with two half brothers; one brother already having passed away.

We had discussed contacting Mike's father (Walter) once we were situated in our new place, but it wasn't shortly after we moved in when things began to hit the fan. It was late October and I felt an urgency to contact Walter.  I called him and we had a lovely conversation while Mike was out taking care of the property.  During our conversation Walter and I set up a surprise visit between he and Mike. I didn't tell Mike until a couple of days before in order to reduce the period of stress.

One afternoon we were out back and I sat him down on the side in the back yard and let him know that his father was coming up from San Antonio to meet him.  I watched a fifty-seven year old man revert to a young boy in countenance.  He sat there silently just repeating "I'm going to meet my father." We spent a few days preparing for Walter's visit.  When I had spoken with him on the phone I tried to talk Walter into spending the night in our room. He kindly refused stating that he wasn't one for sleeping at other people's homes. So we just planned for a nice meal.

Then the day arrived and Walter drove up in his big pick-up truck wearing a ten gallon hat.  I'll never forget him getting out of the truck and looking up into Mike's eyes. I still get so weepy thinking about it.  I took photos and put this video together as a memorial to that special time.

Walter arrived with old shopping bags full of photo memorabilia and a small suitcase, and asked if it was okay to spend the night. We were absolutely elated that he had changed his mind about staying with us!

Mike made homemade chili for dinner with corn bread.  We visited and Walter spent the evening sharing his life with us.  He even showed us his tattoo "Ruby"; Ruby being Mike's mother's name. It was a special time for Mike as he was able to share his faith with Walter and to pray with him.

Then next morning Mike made breakfast and coffee for Walter and they shared hugs and said their sweet goodbyes.  We discussed plans on getting together again,  but that was not to happen.

A short time later, I received a phone call from Walter's step-daughter telling me that Walter had passed. I remember the crushing force as I looked out the living room window to see Mike in the pool enjoying a nice warm spring afternoon. How do I tell my husband, my best friend, that his father is dead after one visit; and on Father's Day!

When he came to visit us, Walter informed me that he had not told his other two sons he was coming meet Mike. What Walter didn't tell us was that he was dying of liver cancer. I don't know the story, but Mike was not invited to his father's memorial; and a subsequent phone call to the oldest brother was painful.  I found the other brother on Facebook and put in a friend request.  Still no reply.

But Mike did have "24 Hours With My Father" and for that we are forever grateful.

OUR STORY Part 14: PIN THE TAIL ON THE FLOOD ZONE!

Short blog to educate you on what I deem to be one of the biggest forms of fraud in the real estate industry today; online flood determinations generated by Internet agencies.  It goes without saying that our two-story home and the five (5) acres it sits upon have never been moved.  So how do you explain this scenario?

There are a total of five (5) flood determination companies involved.  Please note that two (2) of these companies show the property as located "IN" the "100 Year Flood Plain" also known as the "Special Flood Hazard Zone".  This determination is supported by the FEMA Firm Map Panels dating back as far as September 1991.

The other three (3) online flood determination companies determined that the property was located "OUTSIDE" of the "Special Flood Hazard Zone".  Note:  All three determinations pulling the property out of the flood zone were obtained by individuals involved in our escrow; individuals who profited off of the sales transaction of our property.

SUMMARY TIMELINE:

09/27/91: 

FEMA Firm Map Panel #4805201050-B

Property Located in “100 Year Flood Plain”

Special Flood Hazard Zone (Zone A)

09/11/07: 

Daniel’s Make Offer on Property

09/11/07: 

First Seller Disclosure - “100 Year Flood Plain” 

Box marked as:(NO)

09/13/07:  

Mortgage Broker - “LandSafe Flood Determination”

Property Located in “100 Year Flood Plain”

Special Flood Hazard Zone (Zone A)

 

09/15/07: 

Second Seller Disclosure - “100 Year Flood Plain” 

Box marked as:(Left Blank)

09/17/07: 

Seller’s Realtor Acquires “FIS Flood Services Determination” using sellers' mortgage account.

Determination: Not in a Special Flood Hazard Zone – Determination:  Zone X

9/18/07:

Mortgage Broker gets 2nd determination - "First American Flood Data Services"

Determination: Not in a Special Flood Hazard Zone – Determination:  Zone X

10/16/07: 

Performance Appraisal “Intra-Flood Inc. Determination”

Determination: Not in a Special Flood Hazard Zone – Determination:  Zone X

11/09/07: 

HUD Settlement Documents –“Flood Hazard Certification”  

As prepared by Title Company for Signature: 

09/26/08: 

FEMA Firm Map panel number 48367C0325E

Property Located in “100 Year Flood Plain”

Special Flood Hazard Zone (Zone A)

10/23/08: 

Chase Home Finance acquires:  “Quantrix LLC Determination”

Property Located in “100 Year Flood Plain”

Special Flood Hazard Zone (Zone A)

01/29/2009: 

Chase Home Finance: “Mandated Flood Insurance Enforced!”

*NOTE:
No flood determinations were ever provided to us during escrow.  The first time we would receive a flood determination, or know what one was; was approximately seven (7) months after the close of escrow on, May 8, 2008.  And this only occurred after we contacted our Realtor, quite upset, reporting that we had endured flash flooding on our property and were notified by the county that we were located in the "Special Hazard Flood Zone".

OUR STORY Part 13: THE DOG ATE MY HOMEWORK

Our case was filed in November 2008, one year to the month from the close of escrow.

Realtors, as are many other licensed professionals, are required to maintain business records for a number of years.  Prior to depositions being taken in this matter, all parties were required to turn over their evidence (files) about June / July of 2009.  In the case of the Realtors, that evidence would include contracts, emails, faxes etc. 

Our attorney had apparently forgotten to request the files from our Realtor in a timely manner which could have created a problem with her deposition already scheduled and rapidly approaching. You want to have the defendants' files available to you in advance so that you are able to review them prior to; and to use them during questioning at their deposition. 

Opposing counsel was accommodating and agreed to have our Realtor's file available at her deposition.  Moreover, he even sent a copy of the file over to our attorney a couple of days prior to her deposition.

To all of our astonishment, it turned out, our Realtor had no file; and indeed the documents submitted on her behalf were actually documents that Mike and I had provided during discovery.  They merely copied our numbered exhibits and placed their bates stamp on them, and returned a set of our very own documents back to us.

To give you an idea of the significance of this; during the civil trial against our Realtor, our attorney rolled into the courtroom boxes of hard copy print outs of our exhibits.  This collection of exhibits included a large legal box containing over two hundred (200) emails generated between us and others (mostly our realtor) during escrow.  Emails we had produced during discovery.

When asked where her files were; the Realtor explained that her computer had crashed, and she had no hard copy files on our transaction.  She had no copies of any contract agreements, disclosures, MLS listing, faxes, emails, etc.  Nada! 

However, when I initially contacted our Realtor back in April/May of 2008; confronting her with the fact that we had just experienced a flash flooding, and were advised by the county that our property was in a flood zone; the Realtor panicked asking if she could call me back.  She then called from her office and immediately faxed us over several documents, including a flood determination we had never seen before. 

After faxing over the documents she nervously exclaimed "you're not in a flood zone"; and went on to state that the sellers' Realtor had taken care of things "R-- said he'd take care of it!  That's why he wanted to use his Title company!!!"

Apparently the computer crash occurred after this incident in May.  Perhaps it was the a result of a civil suit being filed?  Pure speculation . . .but . . .!

Coincidentally, during the deposition of our mortgage broker, our attorney was informed that all of the emails generated through escrow to and from her happened to disappear as well.  Hmmm . . .