Tuesday, May 31, 2005

Same Old....

Today was a court appearance and the same old same old happened which is NOTHING!!! We were delayed again until June 16th. Apparently the Assistant District Attorney handling my case believes an unfinished pool does nothing to the value of the house; meaning; if we sold the house now with a pool 60% complete we would still get the same price for the house if the pool were fully completed. It makes no sense to me. I would think he (Assistant District Attorney) would want to get the most value for the house because this amount will go back to the victim. Instead he appears to be wasting taxpayers dollars by delaying the inevitable. Now we have to get two appraisals; one with the pool incomplete and one with the pool completed. I would hope the completed pool appraisal would be higher but who knows at this stage.

What we didn't realize or may have been miscommunication from my attorney is the house is going to be sold sooner as opposed to later. I thought we would get money released for the mortgage payment and it would take 12 to 18 months for any disposition on the case. This is not correct, we are going to have to sell the house in the next few months which brings up more questions. Where are we going to live? Housing and rental prices are not cheap in our area and we would be paying the same as our mortgage in rent so does it make any sense to sell the house now or later. If I were to settle my case currently I would get a bad deal because there are charges that are simply not correct but we aren't at the evidence stage. My attorney's plan is to drag this case out for as long as possible because in his experience this nets the best deal. If we were to sell the house now we would have X amount more toward restitution but no place to live. If we wait and sell the house when we HAVE to sell the house we would have the same restitution but a place to live.

My wonderful friend came up with a possible plan to save the house but there are so many variables I am afraid it may not work. He would buy our house with a partner and we would agree to rent the house back by paying the mortgage. There is more to this but I we leave out the details. This way we would have an amount for restitution and place to live. This would eliminate any realtors fees because if the court appoints someone they surely would take 6% in commissions off the top. He also suggested leaving the pool as is but having the amount owed on the pool as part of the escrow instructions, this way the pool will be completed. Who knows what is going to happen but if you want to invest in a house please let me know!!

I am an idiot to do what I did to my family they are the true victims, I am so very sorry. I know someday I will be able to make complete amends to everyone but I sure don't like myself right now.

No comments: