On April 15th, 2014, I sent my Grievance against Acie Craig McAda to CCA with the following Cover Letter.
Consumer Complaint Agency (CCA) VIA www.consumercomplaintagency.org
RE: A Fraudulent Real Estate Scam – Perpetrator: Acie Craig McAda, Law Offices of Acie C. Mcada, Pllc, 267 W. Mill St., New Braunfels, TX 78130 (Phone: 830 606-6809 FAX: 830 606-0972) in Comal County, Tx.
I need the CCA's help to encourage the State Bar of Texas to investigate, sanction, and possibly disbar Acie C. McAda. My intention (with CCA's support) is to fully expose Acie C. McAda so that any potential Clients are advised of the fact that he will falsify loan and title documents in order to fraudulently participate in closing real estate loans for 1st American Title Company. I want Acie C. McAda’s prospective Clients to understand that there are Civil and Criminal consequences to participating in dishonest acts - even if the Plaintiffs, the Plaintiffs’ attorney, a Defendant's attorneys, an FDIC Mortgage Lender and a Judge (initially) seem "go along with the fraud."
Please call me if you have any questions. Thank you, Debbie G. Asbury
The "RESPONSES" of the LAWYERS AND REAL ESTATE PROFESSIONALS involved in the FRAUD indicated that - "FRAUDULENTLY SELLING MY HOME TO DISHONEST BUYERS WITH AN $80,000 DOWN PAYMENT, WAS PREFERABLE TO THEM - THAN ALLOWING ME TO INVESTIGATE THE PROBLEMS NOTED ON THE TREC HOME INSPECTION REPORT OF 4/6/07 AND AGAIN ON 4/8/08 MYSELF, FIXING THEM WITH MY OWN CONTRACTORS (AND WARRANTEES) and then, SELLING MY HOME TO HONEST BUYERS.
The attorney for First American Title, is just as much to BLAME for the FRAUD, as Kevin and Jasmine Butt, their atty, my own malpracticing attys and the Comal County Judge. Their SCHEME, Disgracing the State Bar of Texas' Disciplinary System, Has Not Just One Victim But Millions; ALL US Taxpayers Who Back in "Full Faith and Trust" Govt. Insured (FDIC) Loans.
On 1/22/09, the Comal County Justice System, Seized My Property Away, Placing It In Control of Court, Knowingly and Willfully Enabling Plaintiffs to Commit BLATANT INJUSTICES/FRAUD.
1. The deceitful Buyers, Jasmine and Kevin Butt, committed perjury crimes, very serious felonies under State and federal laws. Their goal in giving false oaths on Affidavits and Legal Documents, eagerly prepared by the Plaintiff's Attorney, Barron Casteel, was to force me to reduce the Contracted Home Sales price well over $100,000; perhaps more than $353,000 (my Homes' Officially Appraised Value in February, 2007).
For two years of the Lawsuit, I could not live-in my home (as I worked in Oregon and California); nor could I sell it to any other Buyer, because Barron Casteel and the Butts filed a "les pendis" due to the Lawsuit. Yet, Cause #2007-0475A, had NO fact substantiated Cause. It was NOT based on "lost rents of a rental property; it was based on a dispute whether Defendant had properly disclosed all known defects AND MADE REPAIRS PER A TREC HOME INSPECTION REPORT!
_______I, the Defendant, maintained that I had fully completed and paid for Repairs but could not provide warranties. After a full year of the Butts and Barron Casteel threatening Lawsuits should repairs not be completed to the Butts' full satisfaction, those Contractors had quit work for me. New Contractors, who I had been forced to hire, refused to warranty any work for the litigious Butts.
_______ The Butts/Barron Casteel, contended verbally (never in any legal document filing) that a standard TREC Home Inspection Report could obligate the Seller to Repairs of well over $100,000; perhaps more than than $353,000. For 2 years, the Plaintiffs refused to walk-through and list repairs still lacking from a TREC Home Inspection Report, absurdly insisting that Seller MUST complete ANY and ALL Repairs (which they could think of and verbally allege) to Plaintiffs' full satisfaction or be sued for failing to Perform Repairs. Absurdly, in the frivolous Lawsuit, the Plaintiffs allege DAMAGES OF "LOST RENTS!" Yet, the executed Sales Contract was completed for a Single Family Home and the Butts made application for an FDIC low Interest Home Loan; not for any Commercial Property Loan (which would have commanded much higher interest but might have provided Specific Performance for "lost rents.") (For 2 full years, I fought attorneys who knew well that the Butts and Barron Casteel had filed a frivolous Lawsuit! But, all the Attorneys strung the Case along believing that I would be forced to SETTLE due to the large Legal fees and other financial problems that the Lawsuit imposed on me. I endured the torture of the Lawsuit, always believing that - I would have a Fair Jury Trial if I continued and did not SETTLE.)
- Plaintiffs Demanded That, as Home-Buyers, THEY HAVE Authority of Texas Real Estate Commision (TREC) to Require Seller to Make Repairs well over $100,000; perhaps more than $353,000, or Be Forced By Civil Court to Give Up Rightful Title to My Property!
For two years of the Lawsuit, I could not live-in my home (as I worked in Oregon and California); nor could I sell it to any other Buyer, because Barron Casteel and the Butts filed a "les pendis" due to the Lawsuit. Yet, Cause #2007-0475A, had NO fact substantiated Cause. It was NOT based on "lost rents of a rental property; it was based on a dispute whether Defendant had properly disclosed all known defects AND MADE REPAIRS PER A TREC HOME INSPECTION REPORT!
_______I, the Defendant, maintained that I had fully completed and paid for Repairs but could not provide warranties. After a full year of the Butts and Barron Casteel threatening Lawsuits should repairs not be completed to the Butts' full satisfaction, those Contractors had quit work for me. New Contractors, who I had been forced to hire, refused to warranty any work for the litigious Butts.
_______ The Butts/Barron Casteel, contended verbally (never in any legal document filing) that a standard TREC Home Inspection Report could obligate the Seller to Repairs of well over $100,000; perhaps more than than $353,000. For 2 years, the Plaintiffs refused to walk-through and list repairs still lacking from a TREC Home Inspection Report, absurdly insisting that Seller MUST complete ANY and ALL Repairs (which they could think of and verbally allege) to Plaintiffs' full satisfaction or be sued for failing to Perform Repairs. Absurdly, in the frivolous Lawsuit, the Plaintiffs allege DAMAGES OF "LOST RENTS!" Yet, the executed Sales Contract was completed for a Single Family Home and the Butts made application for an FDIC low Interest Home Loan; not for any Commercial Property Loan (which would have commanded much higher interest but might have provided Specific Performance for "lost rents.") (For 2 full years, I fought attorneys who knew well that the Butts and Barron Casteel had filed a frivolous Lawsuit! But, all the Attorneys strung the Case along believing that I would be forced to SETTLE due to the large Legal fees and other financial problems that the Lawsuit imposed on me. I endured the torture of the Lawsuit, always believing that - I would have a Fair Jury Trial if I continued and did not SETTLE.)
2. The 1st American Title Insurance Co. Buried an Essential, Truthful Fact: Plaintiffs Could Not Afford to Buy a Second Home, unless Seller Agreed to Pay Well Over $100,000; in Repairs:
The Plaintiffs and EACH of the Attorneys tried to ignore me the countless times that I repeated, wrote memos, and emailed:
- Repairs Commanded by the Plaintiffs (verbally-but never in writing) Were Far Outside the Scope of a TREC Home Inspection Report.
- Barron Casteel's Legal Fees for Numerous Court Filings over 2 years were Enormous Debt Which the Plaintiffs would have to Disclose to any Lender in order to Provide a Loan Qualifying "Debt to Income Ratio."
- BEFORE 1st American Title Company could insure that a CLEAR TITLE be passed to the New Owners, ALL TREC Home Inspection Repairs must be completed by EITHER the Buyer or the Seller.
3. Without a CLEAR TITLE, a Potential Buyer Cannot Be Provided with ANY LOAN COMMITMENT, especially an FDIC (low interest) Government Insured Home Loan Commitment, prepared by an honest Title Insurance Co.
I repeatedly advised the Butts, Barron Casteel, Jonathan Hull, John Dierksen, and each Loan Processor at First American Title - that the Butts could not qualify for any Loan Commitment unless they committed FRAUD. The Plaintiffs/Barron Casteel threatened me, inanely, with "Specific Performance" Lawsuit, demanding over a 2 year periord, that I agree to pay for the Plaintiff's Legal Fees BEFORE the Butts would even write down on a "Walk-Through" which repairs still lacked their approval so that the Buyers and Seller could negotiate Repairs' completion. In truthful fact, the Plaintiffs were clearly NOT ENTITLED to any Loan, until they settled the HUGE Lawsuit by agreeing to negotiate which Repairs, if any, EITHER BUYER OR SELLER would pay for.
1st American Title Company's Attorney, Craig "Acie" McAda, and BOTH Plaintiffs and Defendant's Attorney Illegally Conspired Together: REMAINING MUM ABOUT THE TRUTH IN LENDING ACT REGULATIONS.
1ST American Title Company Owners, Craig "Acie" McAda and Janine McAda, blinded by an $80,000 Downpayment which the Buyers would place "at risk," shirked their RESPONSIBILITY to disclose to the Lender the Butts overtly false oaths on the HUD Insured Loan Application. Had Craig "Acie" McAda, Attorney for 1st American Title Company, the Plaintiffs and Barron Casteel just told the TRUTH to the Wells Fargo Lender:
I maintained that a "Walk-Through" must occur so that Buyers and Seller could agree to pay for "necessary repairs still undone" so that a CLEAR TITLE could be passed, protecting the Seller from future Lawsuits for failing to DISCLOSE KNOWN DEFECTS. Importantly, too, by agreeing to accept the Home, "As Is," or rejecting it before Loan Origination, the litigious Butts could relieve my frightened Contractors, who would, therefore, be protected from Lawsuits for failing to warranty work (which I had paid for) to the New Owners. Against my objections, the Butts and Barron Casteel, himself, were verbally and emotionally abusing Contractors that I was paying, often telephoning many times on a stormy day, demanding they complete work out-of-doors. Those Contractors quit, stating that they would not warranty work for the Butts/Casteel, as we originally planned upon before the aborted closing, 4/30/07, and stating - THEY COULD TAKE NO MORE THREATENING TELEPHONE CALLS.
On a Walk-Through on 4/8/08, the Butts' TREC Home Inspection Report (Which Itself) Is a Federally Mandated Buyer's Expense, Cited Such Major Problems That It Prohibited Any New Title or Loan.
That Regulated TREC Home Inspection Report, (Scott Home Inspection Service) cautioned the Plaintiffs to obtain Expert Reports BEFORE accepting any Loan on my Home. The Butts did obtain those Expert Reports but never disclosed them to me, except verbally in telephone conversations. I demanded to have PROOF IN HAND many times, but I was denied.( In fact, Barron Casteel and the Butts presented Affidavits falsely stating there were no such problems that they had alleged to me privately.)
A TRUTHFUL Title Insurance Company would have immediately alerted to reject the Buyers' Application for Title Insurance, unless Buyer and Seller agreed to negotiate the repairs; fixing them to BOTH Buyers' and Seller's FULL SATISFACTION. TREC's Mandatory List included:
-----Malfunctions in major systems of my home, such as the foundations, plumbing, electrical system, heating and air conditioning, siding, windows, doors, walls and ceilings
-----Damage to property due to floods, sink holes, etc.
-----Work done without building permits, or any non-functioning/dangerous building.
- About the Plaintiffs' HUGE debt obligations tha the well over $100,000; perhaps more than $353,000 Lawsuit (in which the BUTTS WERE PLAINTIFFS) would entail,
- That Lender's/Title Approval COULD NOT LEGALLY BE CONVEYED per the TREC Home Inspection Report unless EITHER the Buyer or Seller agreed to pay numerous Repairs to make the Home safe.
- HUD could not be forced to insure a Home until it was, at least, safe for the Home-Owners' family.
- My Home was "out of reach, financially" as a "Second, Vacation Home" to the Plaintiffs, who have a single income (Kevin Butt's); Jasmine Butt cares for young twins and does not work outside the home.
I maintained that a "Walk-Through" must occur so that Buyers and Seller could agree to pay for "necessary repairs still undone" so that a CLEAR TITLE could be passed, protecting the Seller from future Lawsuits for failing to DISCLOSE KNOWN DEFECTS. Importantly, too, by agreeing to accept the Home, "As Is," or rejecting it before Loan Origination, the litigious Butts could relieve my frightened Contractors, who would, therefore, be protected from Lawsuits for failing to warranty work (which I had paid for) to the New Owners. Against my objections, the Butts and Barron Casteel, himself, were verbally and emotionally abusing Contractors that I was paying, often telephoning many times on a stormy day, demanding they complete work out-of-doors. Those Contractors quit, stating that they would not warranty work for the Butts/Casteel, as we originally planned upon before the aborted closing, 4/30/07, and stating - THEY COULD TAKE NO MORE THREATENING TELEPHONE CALLS.
On a Walk-Through on 4/8/08, the Butts' TREC Home Inspection Report (Which Itself) Is a Federally Mandated Buyer's Expense, Cited Such Major Problems That It Prohibited Any New Title or Loan.
That Regulated TREC Home Inspection Report, (Scott Home Inspection Service) cautioned the Plaintiffs to obtain Expert Reports BEFORE accepting any Loan on my Home. The Butts did obtain those Expert Reports but never disclosed them to me, except verbally in telephone conversations. I demanded to have PROOF IN HAND many times, but I was denied.( In fact, Barron Casteel and the Butts presented Affidavits falsely stating there were no such problems that they had alleged to me privately.)
A TRUTHFUL Title Insurance Company would have immediately alerted to reject the Buyers' Application for Title Insurance, unless Buyer and Seller agreed to negotiate the repairs; fixing them to BOTH Buyers' and Seller's FULL SATISFACTION. TREC's Mandatory List included:
-----Malfunctions in major systems of my home, such as the foundations, plumbing, electrical system, heating and air conditioning, siding, windows, doors, walls and ceilings
-----Damage to property due to floods, sink holes, etc.
-----Work done without building permits, or any non-functioning/dangerous building.