The KEVIN BUTT AND JASMINE A. BUTT v. DEBBIE G. ASBURY, No. C2007-9475A was at a complete standstill because:
1.  Even though the Butts were willing to put down an $80,000 Downpayment for the purchase of my home, "as is," I could NOT PASS A LEGAL TITLE TO THEM until they stated in writing that all of the Defects noted on BOTH TREC Home Inspection Reports were completed to their satisfaction.
2.  Barron Casteel and the Butts continued to insist that they could obtain a Legal Title - if I would "settle the Lawsuit" in which they were the Plaintiffs, by paying Barron Casteel's absurd fees for the frivolous Lawsuit AND, THEN, reducing the price by VARIOUS AMOUNTS from Thousands of Dollars to (at one point) ZERO!  I continued steadfastly to assert my FIRM OPINION that - until the FOUNDATION INSPECTION which the Butts had alleged they had obtained from MLA Labs' DeWayne Krawl; but never provided to me, or until ALL OF THE SERIOUS PROBLEMS NOTED ON THE TREC HOME INSPECTION REPORT (of 4/8/08) were resolved to the satisfaction of the Title Company and Lender, the Butts would be unable to buy my home - even if I agreed to settle the Lawsuit.
3.  Neither Jonathan Hull or John Dierkson were able to persuade me to "settle by paying Barron Casteel's fees," but, they sure tried to force me to do so.  If I had been willing to "pay those fees," as Hull/Dierkson demanded, I would have been a VICTIM of my own Defense Team.  What I did not know at that time was that - HULL/DIERKSON HAD A COPY OF THE MLA LAB'S DEWAYNE KRAWL'S FOUNDATION INSPECTION REPORT - which they never showed me - although I had asked them SO MANY TIMES TO OBTAIN THIS FROM THE BUTTS AND CASTEEL.  Throughout the entire ordeal - from the Month I retained Hull/Dierkson, they had evidence in file that my home had a serious foundation problem! Had they once presented the Report to me, the Title Company or the Lender, I would have immediately insisted on terminating the Contract so that I could FIX the problem with Contractors OF MY OWN CHOOSING.  Both the Title Company and Lender would have had a LEGAL OBLIGATION to retract any LOAN COMMITMENT TO THE BUTTS until the Foundation Defect was fully corrected. (Hull/Dierkson had withdrawn from counsel rather than admit that they were conspiring with Barron Casteel, and Acie McCada; so that the Butts would be allowed to buy with their $80,000 Cash Downpayment my Home with a serious foundation problem. My own Defense Team hid DOCUMENTATION OF THE FOUNDATION PROBLEM FROM ME! Hull/Dierksen stood in the way, blocking me from from passing a Legal Title to the Butts. The Butts/Barron Casteel, Hull/Dierkson, Acie McAda of First American Title and Judge Gary Steel joined together in an effort to obtain an ILLEGAL FDIC LOAN FOR THE PURCHASE OF MY HOME.)

Despicably, when I accused Jonathan Hull of misrepresenting the FACTS to Barron Casteel by failing to explain to the Butts - that they would and could be found guilty of fraud and punished for the frivolous Lawsuit, I angered bitterly when Jonathan Hull told me that he, himself, did not find that the Butts/Casteel were acting frivolously. In fact, Jonathan Hull told me that he believed that the Butts/Casteel would win their frivolous Lawsuit against me, force me to turn over a defective Title and obtain an FDIC Loan, backed by faith and credit of US Taxpayers!

    While I could NOT allow myself to believe that they could win any such Lawsuit - which would force me to pass them a defective Title and, therefore, obtain a fraudulent FDIC Loan, I asked one more time - before the Civil Trial Court Date was set - to attempt a (second) Mediation.  Judge Gary Steel allowed this but stated in the Courtroom that, only I, must pay for this second Mediation!  I did not hesitate because I did not want the personal humiliation of the Butts' misunderstandings (and the embarrassing exploitation of both the Plaintiffs and Defendant by the Comal County Lawyers and Court)  to be presented to a JURY.  I had owned my home for 11 years and had no PROOF, MYSELF, of any foundation problems. I believed for quite a long time that the MLA Lab Report by DeWayne Krawl, which the Butts had insisted verbally detailed serious foundation reports - had been false claims (as Barron Casteel never presented the report or ever mentioned the DeWayne Krawl Report one time).  I still had hopes that, since the Butts wanted my home so badly, perhaps we could still correct those problems noted on the TREC Home Inspection Report together, and, protect BOTH OF US from the ongoing DISCLOSURE PROBLEMS, that we would, otherwise, both continue to face, indefinitely.

Michael Scanio, a Hays County Attorney, conducted the Mediation on 10/10/08. Although Jonathan Hull and I were unable to Mediate in the same room with Barron Casteel and the Butts, I was certain that - Michael Scanio conveyed to the Butts that - they must WALK-THROUGH and list any items or repairs still necessary to-be-done from the TREC Report of 4/8/08 (when they had walked through previously but never made any such written List). In fact, Michael Scanio required that the Butts perform their WALK-THROUGH ON THAT VERY DAY! (10/10/2008)

     In the late afternoon, 10/10/2008, I opened my front door for Kevin Butt; Jasmine Butt was nowhere in sight.  I left Kevin Butt, then, just asking him to close the front door when he left.  For days, I waited for a long list of repairs and items from the Butts; but there was nothing. Finally, Jonathan heard from Barron Casteel that the "walk-through had gone well" and that the Butts were providing documentation to their Lender.  It appeared we were heading to closing! I had spent a great deal of money with Contractors who would not give me any warranty on the work they "picked up in the middle" from Contractors who had quit work for me during the long Lawsuit. I knew that, if the Butts had presented no list of problems to fix from their walk-through, but went forward with their Loan, that ALL OF THE DEFECTS THAT WERE LISTED ON THE TREC HOME INSPECTION REPORT OF 10/10/08, were their own to fix if they accepted the loan stating that all of the same were resolved to their own satisfaction!  PRESS HERE TO VIEW THE PAGES FROM THE MEDIATION OF 10/10/08.