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.