SMOKING GUN

 

Article 51.002(b) of the Texas Property Code provides the method for giving notice of a foreclosure sale, as follows:

(b) Notice of the sale, which must include a statement of

the earliest time at which the sale will begin, must be given at

least 21 days before the date of the sale by:

(3) serving written notice of the sale by certified

mail on each debtor who, according to the records of the mortgage

servicer of the debt, is obligated to pay the debt.

Additionally Tex. Prop. Code Ann. § 51.002(b)(3) (Vernon 1995). "Service of notice [of trustee sale] by certified mail is complete when the notice is deposited in the United States mail, postage prepaid and addressed to the debtor at the debtor's last known address as shown by the records of the holder of the debt."

Basically, i should have gotten notices  via USPS, Certified Mail to my Address.  The Address that they mailed my Mortgage statements to as well as where they mailed the Notice of Default too.    This is the first and most basic step in a non-judicial foreclosure.  The Attorneys at Stephen and Mann even state they are ‘Foreclosure Specialist”. 

 

BANG BANG! 

Bad for them, good for me.  I just need a lawyer to take this into court before the judge. In my favor,  the Texas Courts and the Texas Supreme Court have consistently ruled that the servicing of notices must be strictly adhered to especially when it involves taking a person’s home.   When the creditor fails to give the notice required by law, the purchaser is not a bona fide purchaser, making the foreclosure sale invalid. Houston First Am. Savings v. Musick, 650 S.W.2d 764, 769 (Tex. 1983).

“OH!  YOU GOT ME!”"

Consequently, the debtor is entitled to judgment canceling the deed conveyed in the foreclosure sale. Shearer v. Allied Live Oak Bank, 758 S.W.2d 940, 942 (Tex. App.- Corpus Christi 1988, pet. denied).

…………I believe we have a winner…

In a Wrongful Foreclosure Suit, the aggrieved party is entitle to damages.  Punitive, Compensatory, and even Emotional Distress.  (I think i have that covered hands down) and the amount of those damages are far more than amount I ever owed on my Loft.  

HSBC has harassed me, lied to me, forced me into bankruptcy, stole my home, made me fight my battle with out legal assistance, removed form me the joy of my loft and what it held for me.  Its wrong, it was done by a company and law firm that knows better and should have not made the mistake and on notice of it should have moved to correct it.  They didn’t .  They were continually rude and my emotional state is so scarred i hardly know me any more.

So, next steps… I still need help and help by tomorrow to go to court and have the Writ of Possession Quashed.  Then to set aside or void the Foreclosure and return the property deed to the owner – ME! 

 

following is the Motion I've been diddling with … anyone know how to help or someone who would? 

WRONGFUL FORECLOSURE, WRONFUL EVICTION

Lets see, I have gone to court on my Eviction from my house twice now.  I successfully put off the execution of the Writ of Possession for a very short time via a Temporary Restraining Order.   Of course, it should have been converted to a Temporary Injunction at the subsequent hearing on November 18th, 2009.  Keep in mind I am still without a lawyer and had days to prepare for this hearing – i was completely unnerved, uneasy, stressed, and scared to death. 

In my rush to leave to get to the court I picked up my file and my stack of papers, supporting case stuff, and  my friend whisked me off to court. 

Short Version or Punch line:  The stack of paper I grabbed was the blank printer paper.  I left all matter of support work, on the table at home.  HA!  i lost my Temporary Injunction and have been ordered out on the 1st of December.  Keep in mind the following:

This eviction, foreclosure is completely fraudulent and the attorneys know it – they however keep pursuing it.  Well, in my distress and desperate pleas for assistance of any kind from anyone I again, gathered up files from the file cabinet and … LOW  AND BEHOLD WHAT DID I FIND? ….

First:  I found the last statement I received from HSBC Mortgage Services.

Second:  I found the Notice of Default and Notice of Intent to Accelerate sent to a fully qualified mailing address – though NOT certified Mail -- by the Law firm of Stephens and Mann –they handle foreclosures for HSBC.

Sounds like it wouldn’t be important but it is for my case – the smoking gun.

MY BABY

		Not my happiness, my westie Baby but my Baby Grand – they come to move it out tonight between 4 and 7pm into a storage facility that I do not and should not have to be occupying. This is amongst the worst feelings and injustice i can think of.  The laywers are assholes and know that they are wrongfully doing this but without help to stop i’m helpless.  My baby grand – next up me.    I can feel nothing but anger and hatred for this so calle d society.  Holiday hell. I want to go home for the holidays.

 

Dear Governor Perry:

I am a relatively new resident of Texas, having relocated to Dallas from Washington DC 10 years ago.    Its been a tough time. My employer did not pay me and threatened me for years should I try to quit or in anyway stop working for him. He refused to let business interests contact me (other investors, clients , etc); managed to skate away from paying a TWC Wage Claim process ($34k on $170K claim); left me subjected to him for the most basic of human rights,(if i ate, if I could leave my house); Despite my pleads and yells for help concerning my then and present medical condition, which left me in such pain, I was effectively unable to walk for 3 months, he canceled my Medical Insurance. I had no phone numbers to call and no one was allowed to contact me. Today, I’m completely Medically Disabled. Unable to work, I’m on Disability.  I spend significant time in the hospital; have  medical bills that make me cry; I was forced into Chpt. 7 lacking any income to pay for a loaf of bread let alone my mortgage.   I still managed to have a smile, glass of Tea and a joke to lighten up your day if you stopped in. No one was any the wiser of the truth behind the door. The circumstances creating the financial deficit notwithstanding, Mr. Gant of HSBC Mortgage Services (then Household Mortgage Services) misinformation that I'd be out of my house December 31st 2005 – resulted in one very sick, very proud man to do what he would never have done otherwise – I filed for Chpt.7 Bankruptcy in Federal Court on December 30th 2005, Pro Se. Here I am today, Nov. 8th 2009 and I’m looking at being wronged again as my mortgage company has managed to evict me from my home. Why? Because I am too ill to find legal counsel on short time lines that would make this matter vanish due to the multitude of errors surrounding my mortgage and false statements by my mortgage servicer precipitating this matter in the first place. I am being put out of my home of 10 years – disabled and unfairly because I can not afford an attorney. I have acted as my own in this matter and even now I continue to write up a motion because I haven’t any other choice or support to do so to try to stay in MY HOME. Its hard enough to fight Pro Se in any case where lawyers are stacked against you in knowledge and experience (I don’t want to be a lawyer) but when you are sick and you are facing other challenges from other creditors because of medical bills – it becomes so much more overwhelming I can feel my heart just shrivel and sink by the minute, saddened by the misplaced commentary these events place on my life, when I know I shouldn’t be in these events to begin with. My former ‘employer’ said to me he would take everything I have should i attempt to leave – I left and i now am loosing everything.  I have but my Happiness Baby (A Westie named Baby, rescued from a terrible life)  that makes me smile and loft that provides us our home.      Please help me. Surely there is a way or something for Governor, the State any entity to stay an eviction and find me that help this is an unjust situation.  I do not deserve, no one does, to be put out of my home because I had the misfortune to get sick. Help (signed)

My Home. Mine.

 

"We must make the best of those ills which cannot be avoided." Clarence Day 1999 - 10 years ago - I packed up my life in Washington DC and moved here, Dallas, Texas.  Yee Ha!  There’s a world out there when  you’re 29 and feeling as I did – financially stable, future on an enviable track – a world to see and nothing to fear so jump in and swim or float or …  my friends encouraged me to make the change and cast of the ‘golden handcuffs’ because i could.  Help others when you can, where you can and how you can. In any matter involving a living entity – Business or Personal.  I was comfortable in my shoes and just wanted to kick of the ties and loafers for boots and two-stepping. Breath a little better. I got change.   I wish i’d kept the receipt - ‘cause this purchase is one to send back. Part of that change was purchasing my loft.  I had no intention of purchasing my loft when i arrive for a weekend ‘look for a place’ trip.   I knew that the chances of the company being  success or not would occur in my ‘guesstimate’ the next 4-5 years.  So I didn’t want to be strapped with property should the rosy picture sold to me, become a muddled knockoff of a mess. “Clean up!  Aisle Poor!” I found my loft that weekend.  Throwing sense and reason out one of the 3 massive windows that shower my place in light (and cold and heat too!). I bought and closed on my home in 10 days.   Smoothest closing this building had seen.     Two years later, the bumps came along.

TIMELINE________

December 2005 Mr. Gant of HSBC Mortgage (then Household Mortgage) called me and informed me that the amount due of $11,000.00 would have to be paid in full by the 31st or I would loose my house. I was lead to believe that I would be homeless on the 31st and my house taken from me. Sometime later I found out that was a lie. December 30th, 2005 I filed for Chapter 7 Bankruptcy Protection US Bankruptcy Court Northern District of Texas . March 2006 HSBC Files for and is Granted a Relief of Stay on the date of entry of a chapt.7 Discharge. What is normally a 90 process took 2 years in my case

June 2007 HSBC institutes suit for possession of property, Abated by the Justice court pending outcome of District Court Case

July 2009 Notice to Appear in Justice Court received for the continuation of the suit for possession

July 17th 2009 I found out and subsequently my Attorney at the time was informed the District Court Case was DWOP’d on May 19th. No notice of pending DWOP or actual dismissal was received by my attorney nor myself to date. My attorney quit on this day. I had court on Monday. No representation

July 20th HSBC obtains Writ of Possession. Note: Judge stated should would have given me a continuance to get the District Court Case Reinstated if I was still within the 30 day time to do so .. but I was already 60 days out when I heard of the DWOP.

Oct 2009 Appealed to County Court at Law #3

November 2009 HSBC obtained an eviction order.

Timeline of Justice?

 

Went to The Legal Hospice of Dallas today , sounded so positive and helpful when I spoke to them on Monday.  Almost eager to get a chance to speak to me about this mess of legal shafting i’m in.  I know Hope.  I also know  Dis Appointment and Dis Enchantress.  Those two girls love to hang around my home.   I also know Faith – she’s not left me yet but she is looking a bit flighty.  I let her stay rent free … the other two girls.. So the legal Hospice was just another exercise in futility and time mismanagement.  I believe I could have gotten the same assistance – not to mention rhetoric – from any poison ivy plant i came across.     No hospice… …. no haven … ---no luck..

Hope. She’s certainly nomadic – never staying around that long and often veiled in secrecy.  Generous to provide that rush of hope you may look for but not so forthcoming on the delivery side. December 2005 Mr. Gant of HSBC Mortgage (then Household Mortgage) called me and informed me that the amount due of $11,000.00 would have to be paid in full by the 31st or I would loose my house. I was lead to believe that I would be homeless on the 31st and my house taken from me. Sometime later I found out that was a lie. December 30th, 2005 I filed for Chapter 7 Bankruptcy Protection US Bankruptcy Court Northern District of Texas . March 2006 HSBC Files for and is Granted a Relief of Stay on the date of entry of a chapt.7 Discharge. What is normally a 90 process took 2 years in my case

I know  Dis Appointment and Dis Enchantress.   (  Those two girls love to hang around my home.   ) I also know Faith – she’s not left me yet but she is looking a bit flighty -- She stays rent free … the other two girls..

June 2007 HSBC institutes suit for possession of property, Abated by the Justice court pending outcome of District Court Case

July 2009 Notice to Appear in Justice Court received for the continuation of the suit for possession

July 17th 2009 I found out and subsequently my Attorney at the time was informed the District Court Case was DWOP’d on May 19th. No notice of pending DWOP or actual dismissal was received by my attorney nor myself to date. My attorney quit on this day. I had court on Monday. No representation

July 20th HSBC obtains Writ of Possession. Note: Judge stated should would have given me a continuance to get the District Court Case Reinstated if I was still within the 30 day time to do so .. but I was already 60 days out when I heard of the DWOP.

Oct 2009 Appealed to County Court at Law #3

November 2009 HSBC obtained an eviction order.

How did I end up here?

I ask myself that question daily and then categorize my answers on mental index cards, tucked away in recess of my soul – out of sight – providing the only protective place i have  to heal who i am, if i am,  among the cinders of my intellect and one very damaged psyche, still. 

I’m not here as an end product of complacency or some scratch and win ticket  exclaiming “sorry

While writing this, I was listening to "If I Could" by Erasure

next time”. I’m not here in this well lit dark space i fashionably think is some how my life due,  to any inaction on my part or lack of self worth – that is by far to simple a theory or conclusion for the outsider to cast --

inappropriate sticks and stones such as they are 

–i was made to be here.  I was forced to be here.  Put  here by patronizing actions and empty words of help.    Put here to till the quicksilver landscape with no tools but hands i can not feel and legs that wish only to leave their painful existence.  Dropped here by a man with more faces than sense.  I should not be here. 

I believed.  I held faith that against the mounting odds and attacks of more formidable beasts than i am acquainted – i would not be made to loose – everything – me --- to this wrong, this evil.  That somehow or someway a thunderous roar of anger and  support would roll across the silence and say

 

….but the sun is setting now, and i hear no roar.

no chorus either.