Via Traditional MailHomestead Protection Fund PO BOX 684831 Austin, TX 78768
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What’s The Money For?
1) Hiring a consumer protection attorney and possibly file additional appeals/suits on the state level or in federal court depending on what the attorney(s) believe is the best course of action. Findings also are useful as research material for continuing this case study on homeowners, our vulnerability in an imbalanced market. They will also be used to show that 1) prosperity for all people who work for it is an equality issue 2) prosperity for all is an important principle that distinguished America from other countries in the world and is the reason we became prosperous and globally powerful so quickly 3) prosperity is at risk, the trend of the rich getting richer at the expense of the middle & poor class is not in decline and is evidence that this country is reverting back to a social system that more resembles feudalism than the market system that make us great and gives us our freedom.
2) Paying outstanding invoices on any “Valid” invoices for legal services already performed. That’s currently $100 per month. Payments would continue at that level.
3) Advocacy to institute consumer status for homeowners on the state level as well as nationwide. In Texas, homeowner protections were stripped away when plaintiffs lawyers tried to use Texas DTPA legislation to get relief from wrongful foreclosure. The Texas courts decided that homeowners were not considered “consumers” for the purposes of DTPA and I was left without any protections at all.
If all you have is $1.00, it will help greatly.
Thanks for reading and I welcome your feedback.
P.S. (UPDATE 4/22/16): Since 2014, I’ve increased my income to a level of stability so there’s no need for donations here to be used for patronage. For those who want to support me in my artistic or blogging endeavors, I’ll create a separate account with a patronage website that will give supporters a way to contribute to my career success. Once that’s done, I’ll update this page with a link.
As an advertising student and the University of Texas, I studied the history on consumer protection law and regulation (a history that has been developing since the 1600’s in England). That history is proof to me that my wrongful foreclosure complaint has historical support in case law, in spite of the fact that modern judges mis-interpret previous case law through specious rulings. This cause is going to be a fight and needs the right people who are passionate about freedom from oppression. For 102 years, Americans benefited from a common belief that consumers must be protected due to market imbalance and a dirth of corporate conscience. Those benefits were removed through market manipulation by mainly sellers in the market. According to experts in consumer protection case law, there are shifts in the consumer/seller balance, tipping the power balance towards “sellerism”, but fortunately the overall long-term trend in America is toward consumer protection because of our dependency on the market system for society to work. Prosperity for all is embedded in the foundation of our social system. Events leading up to the financial crisis robbed many homeowners of the majority of their assets, which clearly contradicts the prosperity goals of our western market based social system.
After filing my lawsuit, the bank’s attorney’s requested a motion for summary judgment (MSJ hearing). If we had won (that was looking probable based on the feedback that my attorneys gave during preparation), then we would have started to prepare for a trial. The trial phase would require a different attorney that has lots of experience in that area (this fact was not disclosed to me when I hired the attorney). The problem was that there were no attorneys that would take the case on a contingency basis so money would need to be raised to fund the trial. We didn’t make it past the MSJ hearing because the judge decided there was no finding of fact in our petition. In hindsight, I believe that the petition wrong. Moving forward, I need a conscientious attorney with knowledge of attorney obligations to clients to review the MSJ case and find any problems with how it was handled. Once that is done, then I’ll have a better Idea of how to move forward. (If only there were some mechanism in place that would give consumers access to information needed for making a rational decision on which attorney to hire!) I’m now on the hook for $40,000 and still have not gotten my day in court.
I’ve reduced monthly payments from $750.00 to $100.00/mo. because that’s all I can afford. I also don’t know what will happen if I stop payments altogether asserting that my attorneys did not act in good faith (in other words, did not give the services promised for the fee negotiated; a requirement of sellers in the market. I haven’t even investigated possible malfeasance related to state bar requirements). Aside from the legal bill, I’m also paying $250.00 per month to the second mortgage company (Chase Home Finance) for house that I no longer own. The home was originally financed as an 80/20 which means that the 20% was a separate mortgage from day one. I would have thought that when the home is foreclosed, the second mortgage on an 80/20 would disappear but I was wrong about that too. I was evicted in 2013…payments continue until 2019. All efforts to find a way to get financial assistance have been exhausted.