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Post by Questor on Apr 26, 2014 22:33:46 GMT -8
To all my Brothers and Sisters,
My Dad died almost two years ago, and what inheritance there is for myself and my brother...what we will have for retirement... is tied up in a lawsuit against my Dad's estate. I am disabled, and turn 59 in May. I have no ability to go back to work, and all my provision is in Abba's hands.
My Dad had a small apartment building, that was managed by a Real Estate agent, who thinks his contract with my Dad to manage the apartments also guaranteed him the right to sell the apartment building whenever it was sold, even though my Dad, nor the estate, ever had a listing agreement with him. He would not prepare one when I asked him to, as the law requires in California.
My brother didn't like or trust him, so we used another Realtor, which was all okay under very well known law, particularly to me, since I used to be in that business of selling Real Estate, and making Mortgages for about 20 years up to my accident in 1995.
This lawsuit goes to court on Tuesday, with a possibility of having the lawsuit thrown out, as the case law is very clear.
Dad's former Apartment manager is suing us because he didn't get to list the building for sale...for about $120,000.00 in damages, no less.
California Law says that all contracts with my Dad died when my Dad died. This is common law throughout the world, except in special cases.
In California Law, all agency contracts, in particular, of which a Real Estate Management contract is one of, under which the former Apartment manager is making his case, are cancled by a death, except under one exception, which the Apartment manager does not fit. (He would have to own a percentage of the building and never have been paid for his services. This is not the case.)
Our Estate Attorney had my Brother and I also cancel the Management Contract under the terms of the pre-existing Apartment Management Agreement, just in case we were wrong.
Either way, the Realtor has no case, but this could drag on forever. The law has a provision for the plaintiff (the Realtor) to continually amend his complaint against us until we give up, and pay him the money, or he runs out of accusations to make that he cannot prove.
I have had very bad experience with California and Federal Law before, after my auto accident, for which I was well insured, and for which I had contracts with my employer and so on back in 1995. I received almost nothing after 7 years of wrangling in the courts despite my permanent physical disability rating of 60%.
The Feds later reamed the Insurers involved, but the statute of limitations kept me out of the huge settlement. Such is how the courts of law work in this world. Only YHVH is just, and in this case, I sincerely believe that the law is proven and clear. Even so, I would settle the case if it were up to me.
Matthew 5:40 (CJB)
40 If someone wants to sue you for your shirt, let him have your coat as well!
I would have even used the Realtor as the Listing agent, if I could have, just to avoid unnecessary trouble. I had sufficient knowledge to keep us from being cheated.
My Brother will not cease from the suit, and as co-executor under the law, he can keep it going for as long as he wants to, and not being a Believer, and knowing he is in the right, he will fight until we lose, even if it takes years, and the money all disappears in court fees, and attorneys fees.
We need favor with the Court to get the case dismissed, and I need favor from Abba for our side of the suit to prevail, and the suit to be thrown out. The Lawsuit has held up the Estate from Settling for almost 18 months, and I am afraid of the people in the court system.
Please pray for me.
The Ruach haKodesh started nudging me to ask everyone I know to pray, although I had given it over to YHVH, so please, storm the heavens on my behalf, for favor with the court, with the Judge, to get the case dismissed.
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Post by alon on Apr 26, 2014 23:13:18 GMT -8
Done, and I wish you well tomorrow. However from what you say the biggest spiritual battle will be afterwards when he decides whether to stretch this out to extort the money from you.
Dan C
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Post by Yedidyah on Apr 27, 2014 8:23:53 GMT -8
Shalom!
We pray for Hashem's hand to bring Shalom to this matter. That the legal aspects of this case are clear and obvious for the judge to rule in wisdom and in truth. May Adonai bless you and Keep you on this day! Keep us updated!
Yedidyah
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Post by Questor on Apr 27, 2014 14:39:27 GMT -8
Done, and I wish you well tomorrow. However from what you say the biggest spiritual battle will be afterwards when he decides whether to stretch this out to extort the money from you. Dan C
The ability for this to just get lost in paper shuffles is a very apt use of law by the Adversary in the world.
I tend to think that everything having to be according to man's law is how the Adversary works best in this day and age. Think of all the laws made just to allow more laws to be made...benefiting the courts, attorneys and government, rather than those people who simply have a disagreement, or a need to be addressed.I thank you for your good wishes, and your prayers...although the court date is on Tuesday! 
But that gives me an extra day to pray!  |
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Post by Questor on Apr 27, 2014 14:45:45 GMT -8
Shalom! We pray for Hashem's hand to bring Shalom to this matter. That the legal aspects of this case are clear and obvious for the judge to rule in wisdom and in truth. May Adonai bless you and Keep you on this day! Keep us updated! Yedidyah |
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Post by alon on Apr 27, 2014 15:58:25 GMT -8
Yes...if the case is dismissed, he cannot continue. The ability for this to just get lost in paper shuffles is a very apt use of law by the Adversary in the world. I tend to think that everything having to be according to man's law is how the Adversary works best in this day and age. Think of all the laws made just to allow more laws to be made...benefiting the courts, attorneys and government, rather than those people who simply have a disagreement, or a need to be addressed. [/font][/font][/font] I thank you for your good wishes, and your prayers...although the court date is on Tuesday!
But that gives me an extra day to pray! [/quote] I'll be praying for you then. And couldn't agree more about the legal system being in the adversaries hands. But it is good to know that we are in God's hands. Dan C |
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Post by Questor on Apr 28, 2014 23:57:21 GMT -8
Yes...if the case is dismissed, he cannot continue. The ability for this to just get lost in paper shuffles is a very apt use of law by the Adversary in the world. I tend to think that everything having to be according to man's law is how the Adversary works best in this day and age. Think of all the laws made just to allow more laws to be made...benefiting the courts, attorneys and government, rather than those people who simply have a disagreement, or a need to be addressed. [/font][/font][/font] I thank you for your good wishes, and your prayers...although the court date is on Tuesday!
But that gives me an extra day to pray! [/quote] I'll be praying for you then. And couldn't agree more about the legal system being in the adversaries hands. But it is good to know that we are in God's hands. Dan C [/quote] Thank you yet again. I have been happier than usual today, just finding out how many people have been willing to ask G-d for some favor to come my way, and hit the Judge between the eyes with a great willingnes to dismiss the court case.
Resting in Abba's hands is always so comforting, and resting in the caring prayers of my Brothers and Sisters has been a delightful surprise.
I continue to pray for Abba to intervene, to grant me favor, to have the case dismissed, and I trust Him to to work His perfect will. That may not be success, necessarily, but I have done as I was asked to do by the Holy Spirit, and all of you have responded to my request in sheer kindness and goodwill.
How is this not the Children of G-d coming together as Yehoshua would have us do?
May YHVH bless you all. |
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Post by alon on May 1, 2014 10:02:10 GMT -8
Questor, how goes the battle?
Still praying for you.
Dan C
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Post by Questor on May 2, 2014 3:43:02 GMT -8
Questor, how goes the battle? Still praying for you. Dan C
The Judge ruled in our favor, so technically the Plaintiff has no case left! Yeah!!!!!
EXCEPT>>>>Sigh! He has ten days to decide if he is going to amend his complaint again.
Our attorney say his attorney 'hinted' off the record that there was really nothing left for the guy to claim under the laws BUT....
That means he could come up with something completely invented...if his lawyer was willing to go along with it.
You were right about the Spiritual Battle.
I managed to get my brother to 'consider' giving up our complaint against the guy for stuff he caused to damage the property, to close the rest of the case, which is great, but only if the guy doesn't make up something and try again. Our counter claim (that I want to drop), is an expensive luxury because even if we won the case, it would take years, and the estate stays open, and the lawyers keep getting paid while inflation eats up the money in the bank account. Knowing that my brother wants to be done with the whole business as much as I do, I am pretty sure he will see sense on it, particularly as I was
1) careful to request him to consider, and 2) listed all the benefits of considering my request, and 3) telling him it was up to him to decide.
Older brothers must have the appropriate respect paid them.
Then his wife emailed me at the same time saying I am no longer a member of the family...so I am confused as to what is going on.
Ah, families! So much fun, enjoying the mixing of the gene pool!
Thank you for praying...getting the case thrown out by the judge under all the contract laws helps immensely.
Baruch HaShem!!!
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Post by alon on May 2, 2014 9:50:48 GMT -8
Glad you won the court case, now I'll pray that all parties see sense and let it drop.
Sounds like your sister-in-law was seeing green until you talked sense into your brother. Foolish of her. Lawyers make a pretty good living in court; they get rich dragging cases out like you say. I'd just keep the lines of communication open with bro. and don't make a big dal out of what she did, at least until things are finalized. Then try to patch things up if you want to. Still praying.
Dan C
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Post by Questor on May 2, 2014 23:13:58 GMT -8
Glad you won the court case, now I'll pray that all parties see sense and let it drop. Sounds like your sister-in-law was seeing green until you talked sense into your brother. Foolish of her. Lawyers make a pretty good living in court; they get rich dragging cases out like you say. I'd just keep the lines of communication open with bro. and don't make a big dal out of what she did, at least until things are finalized. Then try to patch things up if you want to. Still praying. Dan C
I couldn't think why my sister-in-law was so furious at me...with myself now cautiously optimistic, and my brother willing to cut his losses if the plaintiff will just go away, I guess that means it was too much possible green making me so unlikable all of a sudden. After all, the day before she sent me a Birthday card!
And their eMails hit me almost at the same time, so that having my brother tell his wife they were not going for the gusto, must have caused all that unpleasantness.
So I will be as quiet as a mouse, not answering her accusations unless she brings it up again, and maybe then, just apologizing a lot for what ever she says I have done wrong...but I don't want to upset any applecarts at all! I just want to be quiet until the estate is settled!
As for the attorney, it is good he is an estate attorney more than a civil lawyer...he isn't exactly egging my brother on...and he's still making out like a bandit for a few phone calls, his legal secretary doing the work, and showing up in court a few times. I know he is paid for his knowledge, but I sure wish my Dad had signed the trust. It would have been so much easier and it only costs about 3K. Now the attorney gets at least ten times as much, and I have no idea what will be left! I praise Abba that there might be anything left!!!
And if there were to be nothing, I would praise Him still!
Money is nice, and HaShem knows we need it, so there will always be a way made for us. I'm used to leaning on Him for that since 2005 when He saved my house from foreclosure, and got me a new low rate loan for just a signature!
And all I did was sing a song the Ruach gave me to sing:
I will trust in Him.
I will trust in Him.
I will trust in the L-rd my G-d
When the world goes by,
and evil walks my way,
I will trust in the L-rd my G-d.
When the Evil One says unto me,
that G-d will not take care of me,
I will cast him away,
and trust in the day,
that the L-rd will take care of us all.
For the L-rd will take care of us all.
Every day, I just sang the song when ever I was afraid. And one day, I wasn't afraid any more. A few months later the Loan People called me and said, why don't we just do this...!
Thank you Bro!
P.S. And just think, there might be a great testimony in this thread about praying for each other...even practical matters, in just 8 more days. |
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Post by Deleted on May 3, 2014 6:33:55 GMT -8
Questor,
Why should you apologize for false accusations, that you know in your heart you never did? Yeshua didn't. Why should you? Yeshua's example was to stay silent. Also why should you defend yourself when God is your Defender?
Moriah Ruth
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Post by Questor on May 3, 2014 8:15:33 GMT -8
Questor, Why should you apologize for false accusations, that you know in your heart you never did? Yeshua didn't. Why should you? Yeshua's example was to stay silent. Also why should you defend yourself when God is your Defender? Moriah Ruth
Telling her all the facts will be unpleasant for her, but I do not mind telling her that I could have been less forthright in how I phrased what I said, because I could have. On that one rare occasion I stood up to their constant blame and criticism of me, and told them to stop what they were doing, or else I would no longer consider them family. It was all about them criticizing me in front of complete strangers. They were not speaking the truth, but it was not what they said, but that they stepped outside the family circle to drag stangers into their expressions of outraged feelings with me. I wasn't quarreling back, because I just don't do that. I merely say what is true, and then I shut up.
But they are an emotional pair, full of frustration and blame over their lives evidently, and really good grudge holders, so not only do they make themselves unhappy, they consider it a good pastime to try and make me miserable as well. In a way, I am a good person to pile it on to, particularly since I usually just ignore their silliness, and am silent under all that they say. I don't pay much notice to what they are doing and saying anymore unless it affects the nest egg I am hopefully inheriting.
Yehoshua said, "in so far as it lies upon you, be at peace with all men."
Well, I will try to be a peacemaker here, because it is wiser to do so. Once the Lawsuit stuff is finished, and the estate closed, it won't matter anymore what they say, and to whom. I won't be in Northern Wyoming to hear any of it, because I live in Southern California, and after two and 1/2 years of not talking to them except about business, and that mostly by eMail, and then still being yelled at or criticised for whatever was going wrong in the settling of the estate, I don't miss them now, and I will miss them less the longer they act like a pair of spoiled brats that are just mad at the world, and make me their whipping boy.
My family is Abba, Yehoshua, The Ruach, and a lot of Believing brothers and sisters that have been more careful for me, protective of me, kind and loving to me than any of my family ever was. I do not wish to be included in their family anymore...they are not pleasant people, and they treated me badly for years, but worse, treated my Dad with calloused unconcern. But their children and their grandchildren might be a different story...I doubt it, but I don't need to burn bridges if I don't have to. However, at his point we are merely at sending the occasional Birthday card to one another, so the relationship is about as worn out as it can be. And if I can just melt out of their lives without comment after the estate business is done, that will probably suit us all perfectly. |
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Post by Deleted on May 3, 2014 9:08:04 GMT -8
I understand.
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Post by Questor on May 15, 2014 22:35:40 GMT -8
Thank you all for your prayers.
We WON!!! And the deadline has expired for the guy to continue amending his lawsuit!!!!
AND MY BROTHER ACTUALLY WANTS TO DROP OUR SIDE OF THE LAWSUIT, AND JUST GET IT ALL FINISHED!
Grace and favor...AWESOME!
And thank you all again for praying for me.
It is so nice to know that prayers even for practical matters are okay with Abba!
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- there are 70 faces to 
