Thursday, April 28, 2011

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.




Wednesday, April 27, 2011

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

NOT IN A FLOOD ZONE?

GOOD BYE HUMBLE ACRES


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