Foreclosure

May 11, 2006

When my friend read me the whole of this story, it sounded exactly factual. I was
glad there was a story about how it is impossible to redeem ones property after it's
been foreclosed. But this evening, after a fifth reading, I see that the piece doesn't
deal with that and I'm ill at ease that it says I "quit" paying my mortgage. I paid it
when I was sick, I put it before everything else because I didn't want to lose the
property, but in the end I just didn't have enough money because of the privy pit.

The developer who had my condo built over part of the old privy pit is a huge
advertiser with the New Mexican. I expect that's why the pit isn't mentioned.

It wasn't that I was "fixing my home," it's that the developer, Wally Sargent, a well
know broker in town with one of the biggest real estate agencies, Santa Fe
Properties, had my condo built over part of an old privy pit (untreated excrement).

I know that the men who dug the footings saw the pit because it was completely
different material than real earth. The footing ran right through it. I know men who
do work like that and I know they told the people they work for. The builder was
John DeVito.

In case the term "privy pit" is new to you, that's the pit under an old outdoor toilet.
So it's ten feet deep excrement. How do you like that? Is that what you expect
from a Realtor like Wally Sargent, I mean, how would you feel if you trusted him
as I did and you ended up with something like this? It totally destroyed my living
and it has caused me severe brain damage. I think that Wally Sargent, E. W.
Sargent, is a despicable man to do this. When I first found it, he said to get him
some estimates and he'd take care of it. But did he? No, he hired a lawyer and the
lawyer said he didn't have to pay. What a creep. I mean really. If you are thinking
of buying real estate from Wally Sargent, Santa Fe Properties, think again. Think
carefully about what happened to me as a result of trusting Wally Sargent and
buying from Wally Sargent. E. W. Sargent, broker of Santa Fe Properties. ( I was
pretty upset the day I wrote this, apparently. 6/26/06)

"She charged that the mortgage trustee Deutsche Bank National Trust Co. did
not properly notify her of the foreclosure or auction of her property held in
Edgewood. And she maintained she should have been protected from
foreclosure by filing for bankruptcy.

"But state District Court Judge Michael Vigil rejected those arguments
Tuesday. He said Kline had failed to present a defense against the foreclosure
and had not explained adequately why she had quit paying her mortgage or
missed the deadlines for responding to the bank’s demands. “You’re using the
bankruptcy proceedings to allow you to have more time,” the judge told Kline."

The whole point of a Chapter 11 is to give the person an opportunity to reorganize
so as to have the money to save their property and pay all of their bona fide
creditors. Yesterday, May 12, 2006, I became so depressed when after two hours
I still couldn't find the case I used to use in bankruptcy court when I did my 1997
Chapter 11 after the IRS put me out of business. The case talks about how the
automatic stay gives the person breathing room. So, for sure, bankruptcy is meant
to provide time.

Also, I filed on May 9, 2006, a brief in which I cited the United States Supreme
Court case which "sets forth" the requirements of due process. Those
requirements were not met for me, indicating that I was denied due process. But
when I was reading what I wanted to be heard in court, the judge would not let
me read this part of my brief. He knew what was coming, because I had given
him a copy.

When I was a Realtor, we all worked as agents for the seller, so I thought Rick
Green was in an agency relationship to me. In fact, his broker sent me a letter
talking how about all the agents would be working for me.

There is apparently a Supreme Court case that decides against the existence of that
type of agency. But I didn't get to read the case or the cites because my lawyer,
who quite, literally quit, didn't give me the papers. So I don't know exactly what
the case said. I'm not really clear on this because it was something Tami Schneider
got into without really telling me much about it. I didn't know she'd filed a huge
thing about it.

It's a little more complicated than that: the canale for my unit, the New Mexican
equivalent of a rain gutter from the roof, was located right above the privy area, so
even in this dry climate the excrement in the privy pit stayed wet a lot of the time
and continued to decompose. As decomposition happened, the material subsided.
There were holes in my garden, but I didn't know what was causing them. I didn't
know that there was a hole under the sewer pipe leading from my unit to the
common condominium sewer pipe, nor did whoever stepped on it when it broke
(at least that's how I imagine it broke). It no longer had anything under it to support
it, and it broke. But, being under ground, no one saw that, they just saw the holes
continue to form. The last time I filled one of the holes I took 14 double plastic
grocery bags full of red rocks that I no longer wanted at my little single family
rental. And after all those bags there was still a couple of feet left at the top of the
hole and I filled that in with top soil from Home Depot.

The upshot of the sewer pipe breaking was that fresh excrement filled the cavity
where the pipe no longer connected to the common sewer pipe. And, according to
the man who tested for hydrogen sulfide inside my condo, every time I took a
shower or bath, or cleaned using water that eventually went down the drain, I
increased the amount of hydrogen sulfide being released because of the chemical
relationship between H2O and HS.

I think it broke in 2000, shortly before I moved in. After I moved in and cleaned
and was so happy, I fell and hit my head on the brick floor. At the time it was early
Spring and I kept the windows closed at night... so unbeknownst to me the
hydrogen sulfide built up. I fell in the morning when I didn't feel a telephone cord
around my leg. When I was interviewed on Channel 4 at one point, I mentioned
how after I was living there I didn't "feel well" anymore. I was so depressed when
I saw myself on the news saying that, because it sounded as if I felt generally sick.
But in fact I no longer felt things. For example, I had a lot of trouble with not
feeling the ground beneath my feet, and that would make me feel as if I was
falling, even though there was ground beneath my feet.

Basically hydrogen sulfide deadens nerves. The first nerve it deadens is the
olafactory nerve, causing imperfect sense of smell... so after that you can't smell
the telltale sign of the hydrogen sulfide, which is a rotten eggs smell.

"The condo had been built over the old privy hole that continued to decay due
to runoff leaking into it, she said. Kline said she moved out of the condo and
spent $12,000 filling in the privy hole plus another $5,000 getting the condo
ready to sell. She said she turned down several offers and was holding out for
$237,000 when she learned Green had purchased the property at a foreclosure
auction for $90,000. In the meantime, Catherine Cook of Santa Fe purchased
for $500 a lien on the condo’s title from a contractor who claims Kline owes
him about $1,500 for some of the remediation work."

[snip]

"Near the end of the hearing, which resulted in Vigil’s postponing arguments to
this week, Schneider moved to withdraw from the case. With her voice
breaking, Schneider said she could not fully explain her reasons without
violating attorney-client privilege.

"Kline said the dispute resulted after Schneider called her “incompetent.” Kline
says she is only “disabled” and must work slowly. “I can’t say things smoothly
enough,” Kline said. “It’s hard to switch from one thing to another.” Kline
later added that Schneider had missed a significant deadline in the case, was
seeking $2,500 in addition to her $5,000 retainer and had informed Kline she
intended to withdraw only hours before Friday’s hearing.

"On Tuesday, Kline represented herself, with help from a friend, Sandra
McKenzie. Judge Vigil warned Kline that she should have counsel in the
complex case, but swept aside her arguments and said he didn’t think she “is in
the running anymore.

"However, Vigil left the door open for Kline to return to court in June for
arguments over the redemption of Cook’s lien."

I just found this quote, and I think it is perfect,
"Oh, my friend, it's not what they take away from you that counts. It's what you
do with what you have left." Hubert Humphrey

and this one:
"To be upset over what you don't have is to waste what you do have." Ken S.
Keyes, Jr., Handbook to Higher Consciousness

Today was the June hearing, and I knew going into it that the judge was
determined not to allow me my condo back. I had cited a U.S. Supreme Court
case at an earlier hearing and he ignored it even though it was precisely on point.
So, I was inclined to believe it was true that he had told Darcy Burson, Rick
Green's broker, that there was "no way" I would get my condo back.

I am pretty sure he was not impartial because I filed a case against the Chief Judge,
Michael Hall, some years ago under the ADA, Title II. I think that major pissed off
(to use the vernacular) all the judges because of how they think they can do
anything they want. They do have pretty sweeping "absolute immunity" - except
that the ADA, Title II provides that a private person can sue for money damages.

That's why I think the judge was so keen to punish me.

If you want to read how I addressed his lack of impartiality in court, here's what I
read. Except that I got confused and also Judge Vigil wouldn't let me read all of it,
so I missed some of the most important parts, and I had to file it in order to have it
all in the record.

But, OOPS, I've slipped into less than high thoughts. 6/20/06