Jasmine and Kevin Butt made serious mistakes but refused any help from Real Estate Agents or Attorneys. It was apparent to me from the first contact with the atty they chose - that he had no background at all with real estate contracts - or how the stipulations govern the Sale of Property in Texas.
During the 2 year frivolous Lawsuit period, I lost track of JUST HOW MANY TIMES I tried to explain to the Butts and Barron Casteel, through my own attorneys and Mediators, that their LAWSUIT had no LEGAL GROUNDS.
The clauses from the Sales Contract (which I have copied immediately below) unmistakably place the blame for the Butts' failure to close on 4/30/07, on the Butts' own doorstep!
15. DEFAULT
"If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both or (b) terminate this contract and receive the earnest money as liquidated damages, thereby, releasing both parties from this contract. If, due to circumstances beyond Seller's control, Seller fails within the time allowed to make any non-casualty repairs or deliver the Commitment, or survey, if required by the Seller, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (b) terminate this contract as the sole remedy and receive the earnest money. If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate the contract and receive the earnest money, thereby releasing both parties from the contract."
----------------"7. Property Condition: F. COMPLETION OF REPAIRS AND TREATMENTS:
Unless otherwise agreed in writing, Seller shall complete all agreed repairs and treatments prior to the Closing Date. All required permits must be obtained, and repairs and treatments must be performed by persons who are licensed or otherwise authorized by law to provide such repairs or treatments. At Buyer's election, any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs and treatments prior to the Closing Date, Buyer may do so and receive reimbursement from Seller at closing. The Closing Date can be extended up to 15 days, if necessary, to complete repairs and treatments."
The clauses from the Sales Contract (which I have copied immediately below) unmistakably place the blame for the Butts' failure to close on 4/30/07, on the Butts' own doorstep!
15. DEFAULT
"If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both or (b) terminate this contract and receive the earnest money as liquidated damages, thereby, releasing both parties from this contract. If, due to circumstances beyond Seller's control, Seller fails within the time allowed to make any non-casualty repairs or deliver the Commitment, or survey, if required by the Seller, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (b) terminate this contract as the sole remedy and receive the earnest money. If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate the contract and receive the earnest money, thereby releasing both parties from the contract."
----------------"7. Property Condition: F. COMPLETION OF REPAIRS AND TREATMENTS:
Unless otherwise agreed in writing, Seller shall complete all agreed repairs and treatments prior to the Closing Date. All required permits must be obtained, and repairs and treatments must be performed by persons who are licensed or otherwise authorized by law to provide such repairs or treatments. At Buyer's election, any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs and treatments prior to the Closing Date, Buyer may do so and receive reimbursement from Seller at closing. The Closing Date can be extended up to 15 days, if necessary, to complete repairs and treatments."
I submitted copious mounds of documentation to ALL involved, INCLUDING MY OWN ATTORNEYS, THE BUTTS AND BARRON CASTEEL, AND 1ST AMERICAN TITLE ATTORNEY, ACIE MCADA, that the Butts were illegally trying to obtain Title to my home through a frivolous Lawsuit. However, the crucial element to the Butt's ability to buy my HOME through Legal Methods, was their own failure to TELL THE TRUTH.
Barron Casteel's Lawsuit had the Butt's in a DILEMMA. If they told the TRUTH, they would not be able to buy my house until I obtained a FOUNDATION INSPECTION OF MY OWN and had repairs made. Then, I might raise the Price of the House to reflect the costs of the foundation repairs. The Butts, apparently, would not be able to qualify for a loan on a Second Home (their 1st Home was in Katy, TX), if the price was higher than stipulated in the Contract we signed together on 3/18/07. Also, there was the chance that I would sue them for the attorney expenses that I would cause them. As Plaintiffs in the $100,000 Lawsuit that Barron Casteel had involved them in, THERE WOULD BE NO WAY TO QUALIFY FOR AN FDIC low interest HOME LOAN on my HOME, unless I "settled the lawsuit" by paying Barron Casteel's legal fees!
Following is a Brief Summary of the various problems that the frivolous Lawsuit caused in the Butt's pursuit of BUYING MY HOME LEGALLY:
3. The Butts demanded, however, that I must extend the Closing Date until May 11th, 2007, or they would sue me - but the Lender (and First American Title) did not require (or even give me the option to do so). On 4/30/2007, I terminated the Contract with the Butts for the specific reason that - it was ONLY DUE TO THE RAINY WEATHER - that I was unable to get the work agreed to in the Contract completed.
4. The Butts/Casteel Lawsuit states absolutely falsely that I had refused to pay Robert Semora, a Contractor, for work he had done; or would not agree to pay for the remaining work indicated in the Home Inspection Reports (but which had not yet been done solely due to RAIN).
5. The Butts spuriously lied about the fact that they failed to close their loan by 4/30/07; when they (themselves) discarded the notion that the remaining work (all outdoor work) could be done by the May 11th, 2007 date - because rain was coming down in torrents for many weeks during that time. (Yet, the premise of their frivolous lawsuit was that I was the sole cause of their failure to get their loan commitment!)
6. The Butts were NEVER ENTITLED to a legitimate Loan Commitment from any lender (anywhere) due to the following reasons:
Following is a Brief Summary of the various problems that the frivolous Lawsuit caused in the Butt's pursuit of BUYING MY HOME LEGALLY:
- The Butts (Buyers) were unable to close their loan with First American Title on the Contract Closing Date, 4/30/2007, due to their own negligence, including but not limited to:
- The Butts refused to "extend the performance date for 15 days" per the Contact Default Clause. The Butts and Barron Casteel have misread the Clauses that clearly indicate the Butts, the Buyers, could get the Closing Date extended up to 15 days - by agreeing to complete any agreed repairs and treatments prior to the Closing Date (and expect reimbursement from the Seller at closing).
- The Butts obstinately demand that I, as the Seller, could be forced through their frivolous lawsuit - TO DO THE IMPOSSIBLE!, i.e., stop the rain or make the Contractor risk his life by working in spite of the storms. (NO WARRANTIES COULD BE PROVIDED FOR ROOF WORK DONE IN THE RAINS!) It is clear, however, that the Butts gave up their loan commitment (only "good" until 5/11/2007 if they had agreed to do the repairs and treatments prior to the extended Closing Date and expect reimbursement from the Seller on 5/11/2007) upon filing the lawsuit. Apparently, the Butts to this day insist that I am required to sell my home to them for any price they might pay, in spite of the fact that it has cost they me so much more to complete the repairs (after the rains) and traveling to and from Oregon and California, as I tried to do my work as a Court Appointed Legal Guardian and Conservator.
3. The Butts demanded, however, that I must extend the Closing Date until May 11th, 2007, or they would sue me - but the Lender (and First American Title) did not require (or even give me the option to do so). On 4/30/2007, I terminated the Contract with the Butts for the specific reason that - it was ONLY DUE TO THE RAINY WEATHER - that I was unable to get the work agreed to in the Contract completed.
4. The Butts/Casteel Lawsuit states absolutely falsely that I had refused to pay Robert Semora, a Contractor, for work he had done; or would not agree to pay for the remaining work indicated in the Home Inspection Reports (but which had not yet been done solely due to RAIN).
5. The Butts spuriously lied about the fact that they failed to close their loan by 4/30/07; when they (themselves) discarded the notion that the remaining work (all outdoor work) could be done by the May 11th, 2007 date - because rain was coming down in torrents for many weeks during that time. (Yet, the premise of their frivolous lawsuit was that I was the sole cause of their failure to get their loan commitment!)
6. The Butts were NEVER ENTITLED to a legitimate Loan Commitment from any lender (anywhere) due to the following reasons:
- The lawsuit (which the Butts were REQUIRED TO SHOW to any lender that they applied for a Loan with) is WITHOUT BASIS. Even more contemptible is the fact that and their attorney, Barron Casteel, in their fervent haste to sue me for $100,000 plus, (and prevent me from selling it to another Buyer) have "overlooked the fact" that there was no way legal way that they could qualify for a home loan on my home (or any other) until we have settled the lawsuit! Absurdly, the Lawsuit, initially scheduled to be tried by a Jury on June 30th, 2008, would PRECLUDE ANY LOAN QUALIFICATION! There was not a CHANCE the Butts could have qualified for a loan (legitimately) BEFORE, DURING, OR AFTER such a costly Trial.
In a conference call that I had with Jasmine and Kevin Butt on 4/27/2007, I explained that, while I understood they had a FOUNDATION INSPECTION REPORT FROM MLA LABS IN AUSTIN, TX, done by DeWayne Krawl, that I MUST actually be able to review it, myself. I would NEVER make promises to FIX the house's foundation without EVIDENCE; nor could I lower the price. I explained to them BOTH by telephone on 4/27/2007, that they were breaching the Sales Contract that we executed on 3/18/2007-by their frantic demands that I extend the Closing Date (4/30/2007) until installation of a French Drain and other "repairs required by DeWayne Krawl's Foundation Report."
The fraudulent intent of the Butts and Barron Casteel was clear from 5/1/2007 because there was no mention of either "extending the closing date," or FOUNDATION REPAIRS! From the 1st Court Filing, Barron Casteel's insistence was that I refused to pay Contractors and sell my home to the Butts on 4/30/2007! And, also, that I was collecting $2,100 a month in "rents" - which, therefore, I owed to the Butts since 4/30/2007. The absurdity of lies in the frivolous Lawsuit continued throughout 2 full years until finally I determined that I would just have to endure the Butts and Barron Casteel until I was able to have a Jury Trial. (Of course, I was devastated when John Dierksen and Jonathan Hull quit without giving me proper Notice. I was stunned when Judge Gary Steel forced me to "be my own lawyer" in Court on 1/22/2009 - against Kevin Butt (I never saw Jasmine Butt again after 4/6/2007! Both Mediations we had were in separate rooms. She was not required to EVER be in Court again-nor did she sign documents for the 1/22/2009 Court Date, when my home was taken from me.) and Barron Casteel.
P The ABSURD arguments that the Butts and I had were written on "Affidavits" by our attorneys. However, those "Affidavits," described such different "facts" that I believed for quite a long time, if I could just endure the expense and emotional stress caused by the frivolous Lawsuit, until a Jury Trial, I would - at some point - be FREE from the torment. It still angers me that - Judge Gary Steel could grant a Summary Judgment to the Butts - when for nearly 2 years - I was forced to pay for "Affidavits" which clearly showed my innocence from the very beginning. Even more frightening to me now, is the idea that Gary Steel, Barron Casteel, John Dierksen, Jonathan Hull, and Acie McAda, do OFTEN join together to force FRAUDULENT HOME SALES in Comal County!
PRESS HERE to review just a few of the AFFIDAVITS of Jasmine and Kevin Butt who swore under oath that they "had not gotten any Foundation Reports from DeWayne Krawl, had never required I pay $30,000 or more for FOUNDATION REPORTS, and never explained that the weather was the cause of being UNABLE TO MAKE REPAIRS BY 4/30/2007!
PRESS HERE to review just a few of the AFFIDAVITS of Jasmine and Kevin Butt who swore under oath that they "had not gotten any Foundation Reports from DeWayne Krawl, had never required I pay $30,000 or more for FOUNDATION REPORTS, and never explained that the weather was the cause of being UNABLE TO MAKE REPAIRS BY 4/30/2007!