My Condo - Foreclosed without Due Process

These photos were taken after I had my condo all freshly painted
inside and I'd had the final parts of the privy pit remediation
completed. I had new moss rock landscaping done, a new light
fixture outside, I had it cleaned so that it was sparkling, and then I
listed it with Sotheby's Realty.

This is my front door at 729 W. Manhattan in Santa Fe. I had it painted
a brighter blue, but Juliane wanted it repainted as you see it here. The
light fixture is the new one.

My condo was foreclosed and sold without a hearing. I didn't know
when I was spending the money on it that a Realtor at Sotheby's where I
had it listed had boughten it at the auction which I didn't even know
about. I guess he watched me spending thousands of dollars on it and
thought it was good for him not to tell me about the auction.

So, I'm appealing: Appeal Docketing Statement
Appeals Court was going to a Affirm: Proposed Disposition
This is my Reasons Not to Affirm the State Court
This is: My Brief (which was stricken)
This is my: Corrected Revised Brief

This picture of my living room shows the beam ceiling, louvred closet
doors, and the French doors that let in so much light. I just loved the
French doors and kept them open all summer long. I wish the little star
shaped Mexican light were on, so it showed up better. It's quite lovely.

I had the brick floor washed and a special solution used where there were
water marks. Then I had it waxed, and waxed again. Doesn't it ever look
lovely? This was my home until I had to leave because of the hydrogen
sulfide and the toxic attitude of the condo association.

This gives you a closer view of my kitchen. I had gotten money to redo
the kitchen but then I had to use it to excavate the privy pit. I still have
the brass sink I thought would look lovely with the new counters I was
going to put in and new appliances. (I paid on my condo for 17 years.)

This is my bedroom. It was pretty large, I forget... something like 15x15.
It was much cooler before the driveway was paved with asphalt. I had
tried to stop the paving because I was already having "sink holes" and I
was afraid that if the rain couldn't sink in except near my condo, that it
would make the sink holes worse. But I lost. The developers got an
injunction against me stopping the work from being done. The same
developers who built my condo over the privy pit. Wally Sargent, Steve
Yablon, Steve Jackson, I forget who else. Magdalena Associates, I think
their group was called.

This is my bathroom. I'd painted the mirror and shower walls three
different colors of green, using a sponge. It was arty and very soothing
and I loved it. But Juliane wanted me to have it painted white, too, to
make it easier to sell. So I had her workman paint it white. Then her
co-worker bought it at the auction he didn't tell me about. I was told he
was also the real estate agent for the condo association director. I don't
know if that's true.

Outside my kitchen window is the most lovely peach tree. I used to
siphon all my household water out the window to it. Its peaches were
sooooo good.
I had planned to live out my life in my condo. It's all flat, so I thought it
would be good for when I got older. And it was so close to things that it
was great to walk everywhere. Only then I started falling so much. That
was from the toxins, but I didn't know that. Luckily I kept a Time Line.

This is a picture of Rick Green, the Sotheby's agent who bought my
condo at the auction I didn't know about until he told Juliane he was the
real owner of my condo. This was, of course, after I'd paid for all that
work. I thought it was sleazy to know about the foreclosure and watch
me pay for work, and watch the ads for my condo, and not tell me about
the foreclosure auction.

But I guess he was also the real estate agent of the condo association
director. So for all I know the director, Robert Hunt, lent him the money.
The director had once tried to get me to sell to him for very little. So...
maybe in the end he contrived to get it for very little. That's how it seems
to me.

Privy pits and denial of due process

are h

ealth

oundaries

that b

ite

Was listing with
Sotheby's a mistake?
Or, was the mistake that
the New Mexican w rote
as if there w as no pit?
And, continues to write
as if there is a question
as to the existence of the
pit.

To do that is misleading.

Back in 2003 when I
was having the privy pit
excavated, the condo
association refused to
pay its share.

The Condominium Act
says an association must
share costs of any work
needed on a common
element, which the lot is.

Instead of paying it's
4/5ths share of the
$12,000 bill, Rob Hunt
and the condo
association hired two
powerful "groups".

One was the Sommer
Law Firm: it said the
problem was a broken
sewer pipe and the
condo association had
no duty to pay.

If the only problem had
been a broken sewer
pipe I would agree that
the association had no
duty to pay. But you
can't flush bottles so
there was a privy pit.
You can see the pictures
of the bottles toward the
end of the privy pit page.

The other "group" was
Christopher Alba and
the New Mexican
newspaper for which he
regularly wrote an
opinion piece.

Alba wrote a piece that
was factually false,
concentrating on the
"broken sewer pipe" and
making horrible fun of
me, saying I had refused
expert advice.

The fact is I didn't hire
him because I preferred
the expert advice of the
structural engineer I had
been working with
throughout.

The condo association
did hire him, though,
because I saw a check
for over sixteen hundred
dollars written to him by
the condo association
and I never saw him do
any work. (other than
the libelous opinion
piece)

After the article ran I
was so embarrassed I
hated to go out. I was
mortified to know
people had read the
article and probably
believed the false
statements in it. I had
had a good name.

The sewer pipe had
broken, yes. It had
broken because it was
laid over the privy pit
and the raw excrement
had continued to
decompose and subside
and in time there was
nothing holding up the
pipe and it broke. It
broke because of the
privy pit.

I tried to sue the New
Mexican and Alba
because the things he
wrote and the paper
published as facts were
not facts. They were
false, and saying false
things is not protected
by the the right to
freedom of speech.

But Judge Hall would
not allow me to present
the evidence at the Rule
56 hearing. I was
shocked. I think the
lawyers for the New
Mexican were actually
shocked, also.

Hall had already said to
the condo association in
a hearing that he would
see to it that I paid
everything I owed. He
said this as if there was
no question that I was
the one in the wrong,
not the condo
association. He assured
them not to worry
because he would hear
all the foreclosure cases.

(I had a friend who
worked as a dispute
moderator, who said
that to her knowledge
Judge Hall had caused
typed transcripts of
hearings to be different
from what had
happened.)

So I never got the
transcript. I thought he'd
have had it fixed.

I was going to appeal: I
had the exact case to
use but the Supreme
Court clerks couldn't get
the micro fiche right to
find the Brief in Chief
for me and I got tetanus
before I got the chance
to go back. It was from
the Supreme Court
(New Mexico) case that
was the case law.

I felt I would lose my
home if Judge Hall were
able to hear all the cases
as he had said. So I
sued him under the
ADA, Title II, for
discrimination, which is
a perfectly legal thing to
do.

My complaint needed to
be amended; I moved
for leave to amend but I
forgot that you have to
attach the amended
complaint in federal
court, so they dismissed
my case.

But Judge Hall could not
hear the other cases
after that. So, I still have
my home, for which I
am deeply grateful.

Why did Judge Hall do
that? My feeling is that
it relates to Wallace
Dean Johnson who sued
me for $80,000 (the
equity in another
property) for legal work
he said he'd done and I
hadn't paid him for.

In fact I had paid him all
I owed him, plus I'd lent
him money on
"diamonds" that were
really cubic zirconium.

Johnson wrecked my
car; he prepared my
Chapter 11docs to make
it look as if I didn't have
any equity, and I didn't
catch it due to my
disability, so it cost me
over $50,000 because I
had to keep fighting the
opposing lawyers who
jumped right on it, and I
had to pay their fees.

Johnson said in court
that I was manipulative
and took advantage of
him and all he'd ever
done was try to help
me. What he said he'd
done, in reality I had
done. He said I abused
him, on and on. The
fact is that he told me I
was "abusive" to ask
him for the money he
owed me.

He was always saying
that if I was a good, true
Christian that I wouldn't
bring up the money.

I prepared for court by
assembling the
documents that showed
I had paid Johnson and
some that showed
Johnson had forged. But
because of my disability
I had to read so I didn't
sound as "good" as
Johnson who's adopted
a country-bumpkin way
of talking.

In the end Judge Hall
said in court, to
Johnson, "I believe you."

I was devastated. I am
pretty much the
opposite kind of person
from Johnson (who
recently went to prison
for stealing $30,000
from a woman who isn't
mentally disabled; she
and the state police got
him, luckily in another
jurisdiction.) He has a
40+case history in
Colorado.

I only found out about
the Colorado cases
because after Judge Hall
said that I came home
and called a jeweller in
Pueblo and asked about
Johnson.

The jeweller's wife sent
me 20 of the cases and
told me how to find
more.

What should concern
people is that the Court
refused to look at
evidence at the Rule 59
hearing. When courts do
that they are choosing to
decide on the basis of
their feelings, which is
prejudice.

I should have been
allowed to present the
privy pit facts.

I think that it is because
I sued Judge Hall under
the ADA, Title II, that
the foreclosure of my
condo was done without
a hearing -- again,
prejudice.

I would have thought the Sotheby's agent had some sort of fiduciary duty
to me... I'm sure he saw the Sotheby's advertising for my condo. The
judge said the only person who had a fiduciary duty to me was my listing
agent. I don't know if that's true or not because there were too many
issues for me to keep them all straight.

This is my living room and dining area. You can see the counter that
separates the large space from the little kitchen. I bought the black vase
and silk flowers at Cost Plus, just around the corner when I listed it.