A Nighmare to Remember, Part II

By
Real Estate Agent with Missy Caulk TEAM

Oh my??Yesterday, I started a post on A Nightmare to Remember about former clients of mine, who we were on our way out the door to the closing, when the Buyer Agent called and told me the closing was off, because of a square footage difference.

In our MLS in Ann Arbor, Michigan we use the mlxchange system. We add in square footage and there is a field where we can name the source of the square footage.

Typically you will see:

Assessor, builder, owner, measured, appraisal or if the basement is finished you will see, plus 1000 S.F. in fin/LL.

The buyer agent called me and told me that the buyer’s attorney had told him he should get a reduction in the price of $20,000 because of the 500 S.F. difference. A typical appraiser in Ann Arbor will give a difference of $20.00 to $40.00 per square foot. When I am doing a market analysis I always use $30.00 right in the middle.

Immediately, I called my real estate attorney to get his advice. He looked the buyer’s attorney up in the law resource book and made the comment, “you’ve got your work cut out for you, as he has a reputation for taking these cases, running up a bill etc”.

 

There was a ten thousand dollar EMD on the line. The agent for the buyer told the buyer he would lose the EMD money, if he did not close because all the contingencies were removed and the loan had funded.

No matter, he sued me, the buyer agent, and the sellers to get his money back.

I told my sellers to move back into the house and we would get another offer. They would not move back in, they had taken a week off work to move. So they missed another payment. This makes two missed payments.

Yea, I got another offer!I got another offer rather quickly, in a few days.  Only now the loan was sold and the one lender Country Wide would not talk to me, as they did not have the loan anymore in their file.  The other lender would not talk to me because they said they did not have the loan on the books yet. (Yes, we had an authorization form signed)

The new buyer waited patiently for three weeks to hear if they would accept his offer and then he had to find a home for his family. They were disappointed but they found another house. So if you are counting we have now had 4 offers on this house. ( Andrew, know where I am going with this?)

My former clients hired a different attorney, not mine. This attorney was also a Realtor! He told them to let the house go to foreclosure, that in a couple of years they would be able to purchase again. (He had done this with his own daughter.)

After the two mortgage companies did not respond to the offer, my clients asked me take the house off the market as they were going to let it go into foreclosure. So against my advice and better judgment, I did what they asked and withdrew the listing.

One day, several weeks later, I was driving in my car and had them on my heart and called them up.

 “Hi, how are you?”

“How are you all doing?”

“I’ve been thinking about you and your family and just wanted to check in.”

To my utter surprise, she told me they had just listed the house again with the Attorney/Realtor. That  day!

To be continued…

 

Posted by

 

Missy Caulk, Ann Arbor Realtor

Missy Caulk & Team can be reached at 734-926-9797 or email: Missy@MissyCaulk.com

Our Team of 6 agents are available to help you relocate to Ann Arbor, Saline, Dexter, Chelsea, Milan, Ypsilanti Township, Clinton, Manchester, Whitmore Lake, or throughout Washtenaw County, MI.

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Ambassador
158,240
LifeOhm
LifeOhm - Life Coaching for Real Estate Professionals - Portland, OR
Monica at LifeOhm

Wow - how can that even be ethical for the attorney to represent those clients as their realtor?

 

Jan 29, 2008 11:59 AM #31
Rainer
29,151
Linda Sanderson
Coldwell Banker Solano Pacific - Benicia, CA
Missy I am astounded at the gawl of some people.  I feel so bad for you.  My heart was aching as I read your story.  I do hope it all turns out alright, and will be looking forward to reading the next chapter.  Good luck!
Jan 29, 2008 12:57 PM #32
Anonymous
Anonymous
Anonymous

Missy-

Unbelievable.  Sounds like this person was solicitating your listing in a sneaky way.  We have laws against that in the state of WA.  There has to be something you can do.  Looking forward to hearing the rest of the story.

Jan 29, 2008 02:28 PM #33
Rainer
339,851
Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI
The anon commenter was me.  I'd blame it on the recurring fever...but that wouldn't be honest.  I goofed up and didn't sign in :-)   Looking forward to hearing out it all turned out!
Jan 29, 2008 02:34 PM #34
Anonymous
Anonymous
Sean Dykhouse - ClickAnnArbor.com Broker

This is my number one complaint about current MLS technology - there exists city, township and county-crosschecked authority figures on square footage for residential homes, but it is not yet integrated into most Multi-Listing Services. This leads to nightmares just like you described.

It's also a problem when shopping, since you can search by a range of square footages and many homes that do not qualify will show up in an online search, resulting in useless and frustrating visits, purchase issues and *oof* ugly legalities...

Missy, my heart goes out to you on this one. When the National Association of Realtors works to keep banks, attorneys, mortgage lenders, and real estate agents separately licensed, this is exactlywhy they do it. GOOD LUCK KIDDO!!!

Jan 29, 2008 03:31 PM #35
Rainmaker
46,680
Jean Doyle
RE/MAX House Values - Mount Arlington, NJ
Morris and Sussex NJ Real Estate
Well I'm hooked. I can't wait to read your next installment. You really have a knack for writing. Truth is stranger than fiction!
Jan 29, 2008 04:52 PM #36
Rainer
286,997
Diane Aurit
LKN Realty, LLC - Mooresville, NC
Lake Norman Real Estate
Missy, this truly is a nightmare.  I am so sorry!  Keep us informed as to how it ends.  BTW, I didn't realize you had left RE/MAX when I wrote my last post about your quote in our newspaper.  I'm sorry about that too...geez, I've very sorry about everything!
Jan 29, 2008 05:53 PM #37
Rainmaker
376,466
Leigh Brown
RE/MAX Executive Realty - Charlotte, NC
Broker/Owner - Charlotte NC
Do these people not smell the very obvious rat here?  Sad thing is that it will be several years before they probably see how you were truly working FOR them.  How frustrating.
Jan 29, 2008 07:27 PM #38
Rainmaker
261,532
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI
This is a real gut wrencher! I would have expected the appraisal to pick up the square footage difference and everyone deal with it then. I hope everything works out well for you.
Jan 29, 2008 08:44 PM #39
Rainmaker
333,157
Thesa Chambers
Alpine Real Estate - Bend, OR
Principal Broker - Licensed in Oregon
wow this is messier than I expected it to be - wow - the things people do
Jan 29, 2008 08:58 PM #40
Ambassador
1,446,701
Jennifer Fivelsdal
JFIVE Home Realty LLC | 845-758-6842|162 Deer Run Rd Red Hook NY 12571 - Rhinebeck, NY
Mid Hudson Valley real estate connection
Missy _I am also waiting to hear what happened in the end.  Most curious about the Realtor/Attorney.
Jan 29, 2008 10:54 PM #41
Ambassador
248,747
Fran Gatti
RE/MAX Coastal Redwoods - Crescent City, CA
Realtor, CDPE, RDCPro - Crescent City CA Real Esta

Missy,

How awful.  I feel sure your ending will be a good one.  Hurry up and write it so we're not in suspense anymore.

Jan 29, 2008 11:18 PM #42
Rainmaker
58,979
Candy Henthorne
Results Realty - Spring, TX
Spring Texas Real Estate
Missy - It smells.  I am really interested in this!  You did not just make me wait for the conclusion!  OK.  I will wait.... still waiting...  will return for part 3
Jan 30, 2008 12:03 AM #43
Rainmaker
180,859
Cathy Tishhouse
RE/MAX Showcase Homes - Royal Oak, MI
Royal Oak Real Estate
Missy:  I am almost afraid to hear the next sequel to this story as it just keeps getting worse.  What I like about this profession is that I learn something new almost every day - unfortunately some of it is the hard way.
Jan 30, 2008 12:50 AM #44
Rainmaker
116,468
Susan Peters
Dove Realty Inc. - Seattle, WA
The Better it Looks the Better it Sells

Missy,

I keep thinking you're going to say "And then I woke up in a cold sweat and realized it was all just a bad dream".

Jan 30, 2008 01:30 AM #45
Rainer
78,491
Obeoman Glade Jones
www.obeo.com - Salt Lake City, UT

 

Missy,

...another deal-defying tale of derring-don't...sounds like a total shell game on the mortgage.

 

...or somebody was landing on some soft money somewhere. 

 

...or somebody might have been leveraging their economic self-interest. 

 

Blog 0n,

Steve 

Jan 30, 2008 06:54 AM #46
Rainmaker
335,122
Ann Cummings
RE/MAX By The Bay - NH and Maine - Portsmouth, NH
Portsmouth NH Homes - Service With a Smile!

Missy - oh boy, what a ride this one has been.  I read the last part first, so I know how this ends.  Even knowing that, this was painful to read about. 

Ann

Jan 30, 2008 11:02 AM #47
Rainer
22,868
Kelly Shoemaker
Coldwell Banker SELECT - Broken Arrow, OK
Realtor Broken Arrow, OK
I saw that coming!!! Attorney and a Realtor...uh-oh!
Feb 02, 2008 09:49 AM #48
Anonymous
Anonymous
Ann Cordes
How lowdown and sneaky the other Realtor/Attorney was. He wanted the listing from the moment they walked into his office, I am sure!
Feb 04, 2008 02:32 PM #49
Rainer
965
Richard Pollak
self - Alvin, TX
From; Richard j Pollak fersur@sbcglobal.net 4541 C.R.138A Alvin Texas 77511 Sued Mortgage holder Washington Mutual for Bank One N.A. lost Principal Payment and Homeside Lending lost Escrow, Homeside Lending Testified for Washington Mutual "Common Practice" now undefended advised to Motion Appeal Roguish Judgment Ignorant of "RULE" Guidelines that beyond Constitution or Civil Rights Precedents International Commerce! In 2008 Judge Ruled $1,000.00 Judgment Awarded in 2006 to be Paid, without help, from no fault of mine, I stand to lose my 15 Year Fixed 6.5 % First only Mortgaged Home, Second or Refinanced was Blocked, Bankruptcy was forced, Judgment with 24 Months Interest of $200.00 demanded {refused $1,000.00 plus half Interest of $100.00 Settlement} again Lender wasting Court Time. Likely losing home follows, from Forced Bankruptcy, Five Year battle, now Days. Understanding Real-estate School's geared for Teaching not Defending, and Bar Reviews without License Removal. I'm just a People unprotected from longstanding power abusers bordering Criminal by toying Duty. Laws usefulness challenge to School culprit by default Teaching, Houston Defenders Cower Merits allowing Judicial Supremacy to trump International Commerce! CLERK OF THE BANKRUPTCY COURT Case # 02-44178-H3-13 Case closed then Reopened only to allow overcharges return, Twice. The B.B.B. Reduced Washington Mutual Rating from Officer to Insufficient for Three Years from Failure to Supply RESPA Loan History requested two 1/2 Years Ago, Pretrial. Also; Judgment Awarded $1,000.00 for Failure to Supply RESPA Section 6' Loan History requested, called "qualified written request" Line-item coveted Today! Entire Trial was Predetermined {Protected under Judge "SEAL"} Defendant was revised to Former Corporate entity, Change of Venue or Jury Trial formally requested! After Bankruptcy release of STAY Washington Mutual Released Loan History, Proof of Damage became COMPLAINT SEEKING DAMAGE IN CORE ADVERSARY PROCEEDING AND CLAIM OBJECTION or Appellant {Me} Suing Lender! Protected under Judge "SEAL" original Appellee Homeside Lending, became Washington Mutual Witnessing Homeside Lending! Washington Mutual Admitted Fault Pretrial. Lender Witnessing Lender Defended Principal and Escrow Abuse Testified as "Common Practice" Supported by Judgment absence, $1,565.14 reported Lost on Credit Report's and it's Taxable to IRS! Judge failed to Arbitrate. Appellate Judge failed to reopen. FIFTH CIRCUIT failed to reopen. Appellate Attorney failed to Verse Merits or Supply Case to Printer for U.S.SUPREME COURT review. Now Washington Mutual has returned Core Mortgage Arrearages that Forced Bankruptcy filing, in essence reversing Judgment, repeating admittance, skirting Damage's! Many DISPUTES resolved with refunds, the following Remain! DISPUTE = Trustee Overcharges $6,612.67 Due. DISPUTE = IRS Form 1098/Homeside Lending $383.88 Due. DISPUTE = Washington Mutual $1,155.01 Due Total Due = $8,151.56. DISPUTE = Washington Mutual 6 1/2 Years Day-Rate Damage to be determined! DISPUTE = Trial requesting change of Venue or Jury! 1. $383.88 = Homeside Lending Form 1098 @2 2. $2,085.00 = $885.00 + $1,200.00 Attorney Fee's @3B 3. $1,878.36 = San Antonio Federal Credit Union revised Payment Book @3C 4. $2.649.31 = San Antonio False Charge @3E 5. $200.00 = Washington Mutual Unpaid Interest on Judgment Posted $1,000.00 times 24 Months @4A 6. $955.01 = Washington Mutual Returned Core Bankruptcy Arrearages 1/2 Interest remains Due. @4B 7. Bank One Payments Misdirected 6 1/2 Years Damages for Misapplications of $1,565.14? @5B Accounting Interest, Action and Results Damage's! Every one of these Seven have been Disputed without resolve, Interest of 10% Paid to Trustee relates Damages acquired. Homeside Lending, Reported Form 1098 $383.88 @2 Trustee's Due - Original Attorney $2,085.00 @3B Trustee/San Antonio Due @3C $1,878.36 + @3E $2.649.31 = $4,527.67 Due. Total Trustee @3B, @3C, @3E = $6,612.67 Due. Washington Mutual Due @4A $200.00 + @4B $955.01 = $1,155.01 Total Due $8,151.56 Plus Day Rate Damages from September, 2001 to Date, from Washington Mutual Due. @1A. Judge saw fit to State on Judgment, assertion assumption of My being Predisposed for Bankruptcy. B. Judge Cropped "DEED OF TRUST" Contract by Edit, Lenders "General Terms and Conditions" was Breached Testified Escrow Mismanagement's "common practice" Defense! C. Judgment Quoted partial Paragraph omitting Substance to revise intent, done without Publication to formulate "Case Law" dispute as Colluded! D, Colluded Pretrial, Protected under "Seal," Defendant change from Washington Mutual to Homeside Lending, a Preexisting Corporate Lender that held Note Prior, blanketed under Washington Mutual Support, Loan Originator Damages was Muted Pretrial in the Eye of the Judge, by the Judge, {the foremost primary Substance of Case.} "Seal" Hobbled my defense be it Judge and Lender, or Judge and Lender and My Attorney. E. Judge changed Defendant of Record from Homeside Lending to Washington Mutual allowing Washington Mutual Attorney to Defend and Place Homeside Lending on Stand to Testify, My Case was Proved by Lender Admittance Pretrial, Judge failed to award Damages for Lender Admittance's. F. Same Judge Confirmed Bankruptcy and Core Adversary Hearings and Over-Ruled Personal Order, Commanding My Attorney at Recorded Bankruptcy Conformation Hearing {to File "Proof of Claim" on My behalf} then failed to recall, {minutes under "Seal"} relating time expired fault, in Judgment. G. Judge failed to admit into Evidence Letter Drafted with Attorney, Sent by My Attorney "Certified Mail" requesting Loan Payment History, REQUIRED DISCLOSURE RESPA Section 6 called "qualified written request." lacks Response or Resolve to Date. H. Judge Posted US Mail 100 Days following Trial, Judgment backdated Two Days by administration, and Ignored "RULE" Bankruptcy's Guideline, that extended Appeal Days for clarification. To explain; Six Days Received, Eight Days Used, Twelve Days expired, Ten Days Allowed? {Excusable Neglect Argued} Five additional Days Bankruptcy "RULE" Precedent Ignored by Judge. I. Second Appellate Judge reviewed My Case Docketed first directly following the Main ENRON Trial as seated Judge in the same Court House, for to allow My Case on Merits Required Judge Reprimanding for all the above, @1A, @1B, @1C, @1D, @1E, @1F, @1G. J. Repeat Scenario by New Orleans FIFTH CIRCUIT Courts, Merits required Reprimanding. @1I, @1H. K. Appellate Attorney failed to supply Case to Printer for U.S.A. Supreme Court Review, actual Merits were unexplored and not perfected only Excusable Neglect. @2. Bank One Received all Payments in 2001, Loan Transferred to Homeside Lending November, 2001 receiving "0" Funds in 2001, reported on I.R.S. Mortgage Interest Statement $383.88 Form 1098, $383.88 Due. @3A. Original Attorney Ignored Order from Judge to File My "Proof Of Claim" before additional allocated set-back Time expired. Bankruptcy Conformation was Suspended for Six Weeks allowing, failing his Duty he Quit, but Trustee rewarded! Dispute First Compensation, Reported Quit Case after 10 Months. $885.00 Due. Dispute $1,200.00 Second Compensation, Recorded to Courts he Quit Case after 14 Months. $1,200.00 B. Trustee Statements Detailed Original Attorney Received $1,200.00 after Courts 90 Day Dispute Time-frame had expired, Today's Trustee Account Summary fails to detail @3A document covets disbursement. Dispute = @3A $885.00 + $1,200.00 = $2,085.00 Due C. Attorney Re'termed San Antonio Federal Credit Union, Auto Loan Principal by extension of Months Financed, Posting new Coupon Book that added Three Months, Timed with Quiting Case, Loan was Current. $1,878.36 Due D. San Antonio Federal Credit Union denied it Re'termed with Letterhead Coupon Book at hand, but also Re'termed Loan Principal by extension of Months Financed adding Two Months, found by researching @3C, received requested amortize payoff, Loan was Current, Germaine to Repossession, Payments halted for surrender. Timed with @1F being Ignored, RESPA ACT SECTION 6, Requiring written Acknowledgment within 20 Days, written clarification within 90 Days, equating Judgment Award, To Date Ignored even through Discovery Pretrial Questions. E. Trustee charged Non-Mortgage Arrearage of $2,504.48 + $1.44.83 Interest Crediting San Antonio Federal Credit Union, Loan was Current, Timed with Attorney Quiting Case. $2,649.31 Due. Total - @3B $2.085.00 + @3C $1,878.36 + @3E $2,649.31 = $6,621.67 @4A. Washington Mutual Attorney Questioned in Testimony at Appeal Hearing, my accounts accreditation of $660.00 Judgment, Disrespecting $1,000.00 Judgment with Question. I Testified not $660.00, and the Judgment amount was unpaid, Just now Posted to Pay, without 24 Months Interest, from Judgment to Date. about $200.00 Due. B. Washington Mutual Returned November, 2007 Core Mortgage Arrearages, in essence reversing Judgment, half of related Interest $955.01 Due. C. Loan Originated Bank One N.A. / Loan Transferred to Homeside Lending / Homeside Lending F.A. was Bought/Acquired by Washington Mutual N.A. Washington Mutual Attorney Witnessed, Homeside Lending Manager/Lender/Supervisor at Trial. LOAN HISTORY Bank One receives payment and Statement Bills following Month with a single detachable coupon. All Bank One payment's including December, 2001 current with coupon, first Three Homeside Lending Payments were current, Twelve current payments with Year old Loan resulted in Escrow Shortage demand of over $100.00 a Month. Bank One Loan History refused, with Homeside Lending Coveting Transferred first 20-so Days History, until release of Stay Day's History surrender, that proved both Lenders misapplication Breaches of Trust. First; Bank One Credited December, 2001 Payment. Contract defines Misapplication Damages, so sought. Second; Bank One Suspended the Funds from Principal and Escrow. Third; Bank One Placed Suspended Funds into Loans Principal reducing 180 Month Terms, Homeside Lending first discovered after Release of Stay December 15, 2006. Forth; Bank One Posted, Final Account Report, Stating Payments had been and are $100.00 more than actuality. Fifth; Bank One Transferred Loan to Homeside Lending. Washington Mutual called-it December 2001 was Curtailed by Bank One. Documented and Evidenced, but argued in Court that it was a Concealed Prepayment {a Misnomer} not as Stated by Lenders Posted Report Evidenced, a "Principal Curtailment" {unauthorized concealed.} Sixth; Washington Mutual called November 2001 Escrow Mismanagement by Homeside Lending, Admitted, Documented and Evidenced, but argued in Court that it was a Concealed Prepayment {a Misnomer} not what I call "Escrow Curtailment," using their word back at Lender. Seventh; Homeside Lending requested November Payment, informed December was Paid in Full, Homeside Lending reported Account was being Investigated. Eight; Homeside Lending Requested/Received Check Payment Front and Back Photocopy. Ninth; Homeside Lending Reduced Escrow and Applied Funds to Principal and credited Escrow Paid in November for November. {Washington Mutual claims in November for December.} real time Loan Statements support November, 2001 Tenth; Homeside Lending Paid Loans Years Taxes Putting Escrow into Arrears then Returned Escrow Surplus Increasing Arrears. Eleventh; Loan Statements and Twice Requested Loan History all "Blank" of December Payment, not owed/due/paid, resulting in False Credit Reports and 1098 Form Tax on Interest Report, Refinance was Blocked. Twelfth; All Loan History Reports before and through Bankruptcy omitted Homeside Lending Payment History detailing first 28 Days, protecting Escrow Reduction Misapplication, including all Bank One Loan History Request. Thirteenth; Washington Mutual Released Bankruptcy Stay then Loan Payment History on same Day, receiving Bank One and coveted Homeside Lending first 28 Days Proof of Principal and Escrow Misapplications admittance response Trial resulted. Fourteenth; Misapplication admittance was excluded by "Common Practice" Defense by Homeside Lending, from the Stand in Testimony. Fifteenth; Judge refused Appeal Ignoring Bankruptcy "RULE" claiming time expired, ENRON Judge Supported, FIFTH CIRCUIT Supported ENRON Judge. ATTORNEYS One; All the First Attorney actions stand abusive. Two; Second Attorney benefited by assuming first Attorney's Caseload bulk timed with our Contract. Third; Attorney Immediately Drafted Loan History Request using REQUIRED DISCLOSURE PER RESPA ACT Section 6 "qualified written request" no reply, ever, Sent "Certified Mail" not allowed admitted into evidence, to Date Substance Ignored. Forth; I Drafted from Attorney's "qualified written request" revised "Qualified Written Request" sent "Certified Mail" admitted into Evidence, allowing $1,000.00 Damage Award for being Ignored, only, Merit of Substance of Questions Unanswered today. Fifth; Attorney received Damage award, through Appeal Washington Mutual Suspended Payment, Attorney remained Attorney of record awaiting Award Payment only. Sixth; Judge ruled Award Payments, 2008, I Demand 24 Months Interest from Judgment to Date, and awaiting. Seventh; Appellate Attorney only argued "Excusable Neglect" assuming Two Days expired for Appeal, when Prescient setting Bankruptcy "RULE" extends time guideline, Ten Days were not received. Eight; Case never was presented to printer for U.S. SUPREME COURT Revue, I stand Unrepresented, Squatting, with suggestion of filing Motion, Houston Bar Association Fails, Security Exchange Commission Fails, Judgment Fails, Comptroller of the Currency Fails, U.S Attorney General Fails, the indiscretion relates to Credit for Payments Made, Governed by International Substance permitting Commerce, beyond Civil Rights or Constitutionality. JUDGE'S Houston Core Adversary Judge {Famed} Ruled over Case that was by far the largest Bankruptcy Worldwide ever {Russia Oilfield Equipment.} My excused $1,565.14 Lost Payments, have never been return requested, Forced Bankruptcy Day-Rate Damages Are. Time to Appeal was denied, Extended Appeal Time was excused overruling Bankruptcy "RULE." Appellate Judge {Famed} Concluded ENRON Case just prior to My Appeal review, allowing My Appeal would Highlight flawed U.S. Attorney General Oversight of U.S. Bankruptcies and Trustee's. FIFTH CIRCUIT was Appealed to Overrule ENRON Judge. @5A. San Antonio Federal Credit Union Payment Book received revised with extended Terms relating, Additional Payment Amount Increased $1,878.36, Sent by Original Attorney as he exited Case, return required $1,878.36 Due. @3B B. San Antonio Federal Credit Union Unsecured Claim of $2,504.48 + $144.83 Interest = $2,649.31 Due. Total = @3B $1,878.36 + @3B $2,649.31 = $4,527.67 Due. @6. Both' Bank One Payments, Admitted in Testimony Misdirect by Escrow Misapplications {Judge fails to Publish relative "Case Law" allowing "common practice" as defended to stand.} $1,633.44 - $68.28 the P.M.I. insurance = $1,565.14 + Interest from September, 2001 to Date, with forced Bankruptcy Damages at whatever Day rate Damages equates $1,565.14 and Day-Rate Damages Due. @7A. First Attorney Accepted Case and Prevision of providing Loan History Payment Assistance Credit, accepting and retaining original Loan Documents, from Day one. B. Original Bankruptcy Attorney was not Board Certified, he Stated that he Quit My Case, after additional Pre'Conformation Time Judge Suspended expired, Four Months Prior to Notice that he was Quiting all Houston, TX. Caseload, assumed San Antonio, TX. Move. C. Letter received recommended Second Attorney Board Certified, that assumed bulk-load of Originals Attorneys Cases, followed recommendation. D. Second Attorney's first Action was Drafting RESPA SECTION 6 "qualified written request" Dated February 12, 2001 Sent by Attorney "Certified Mail." E. Receiving no response, Payments were halted for Court Appearance, {Release of Stay} Attorney's first no-show. F. I Drafted and sent "Qualified Written Request" Trustee, All Lenders, Texas Bar Association, Comptroller of the Currency, Bush, U.S. Attorney General, B.B.B. and many more, requesting assistance with Ignored RESPA Request. G. My RESPA Request was admitted into evidence but line Item response. Germain Questions remain coveted, now Protected as Judged. H. Stay was released, equating My being a Squatter, I called Washington Mutual Requesting for the up-tee-nth-time Loan History, Received and both Lenders Misapplications Highlighted, Lender admitted Error's, Attorney backdated hearing request, with the Courts assistance. I. Core Adversary Pretrial Hearing, Attorney no-show, assistant Attorney {never meet} stated acceptance of Case, Paperwork was not ready, Judge told Me about to dismiss, out of hand. J. About 105 Days following Trial Judgment received by U.S. Mail, Appeal required new Attorney and understandable arguments for Attorney to accept. Days later Attorney called stating Time was of up-most Importance for appeal, Less than Week was never expected. K. Appellate Attorney Stuck with Excusable Neglect as Defense through the FIFTH CIRCUIT COURT, many Attorney Hours spent requesting Merit Defense on Phone, and In Office, final days for U.S. SUPREME COURT and Arguement-ing the Unpaid RESPA Damage Award was Not-awarded presented as Case Summery, Case was without Case Merit review, Printer Time, Case Expired. L. Washington Mutual Returned all Funds and half the Interest that forced Bankruptcy, but still Protects Insurance Lapses and backdated Loan Summery disputing Real time Loan Statements Received, Evidenced, Argued without Damage Award. M. I Demand Credit Report revision/notation of Lender's Arrears returned, Bankruptcy cannot be reversed but Credit Report can Direct faults blame.
Feb 09, 2008 12:52 PM #50
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Missy Caulk

Realtor - Ann Arbor Real Estate
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