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About Stradog

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  • Birthday 06/14/1966

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  1. I actually have a couple of questions, first my mom was the executor of my dad's will and for some reason I don't believe she put everything into probate like she should have. I have been living in a house that my dad bought and had been paying the mortgage, until about a year ago, the house went to a foreclosure auction in June and was sold. The insurance company for the house sent a refund check in my dads name and the bank won't cash it . They told my mom she needed to open an Estate account and she would need an EIN before they would cash it. Now my questions are shouldn't that house actually have been placed in the probate? Is the bank correct in having her open an account and obtaining an EIN? I am also curious why that wasn't done when my dad died and she, with an attorney, filed whatever paperwork they had to file for probate and showing she is the executor of the will? I am not sure what items should have been placed in the probate, but I asked her a couple of times if the house I am living in was in the probate or not and got two different answers. One time she told me it was and one time she said it wasn't. I was intentionally kept out of the loop for the probate and the reading of the will so I have no idea what was in either document. I never pressed the issue, and since I had been making the house payments, the money from that insurance refund check in my dad's name should be mine because the judge already signed off on the probate is what I understand? I really don't know anything about this area of law so any help or advice, suggestions, a link to Law for Dummies or any other links that will help explain the process and why it has to be so complicated to die, or complicated for the family?
  2. Thanks RetiredinVA! I appreciate you being straight forward there. What about the Successor in Interest which is my mother and could be me I guess also since it is my fathers house and my mother and father weren't married at the time of his death? I have already been packing and making other arrangements. What about submitting Notices of Error under 12 CFR 1024.35, or requests for information under 12 CFR 1024.36. Is the Successor in Interest in a position to contest any irregularity in the foreclosure?
  3. On my statement it shows "Unapplied Funds" and if I pay extra it goes there until it reaches the payment amount and then it is applied to the account.
  4. The house was sold in a foreclosure auction the same day my mom signed the Successor in Interest Acknowledgement form. Does that or could that play a part in stopping the sale? What if the Notice of Sale that was posted at the County Courthouse stated that on 4/2/2019 at 10:00 PM is when they would sell the property and they actually sold the property at 10:00 AM could that void the sale? It seems the mortgage company was delaying the paperwork for Successor In Interest because they wanted certain papers and after those were sent, they told us they went to the wrong place and then it was they needed more paperwork and they even were looking at the wrong account at one point. The house is in my fathers name who is deceased. My mom is the Executrix of the will and did not put this house in the probate for what ever reason. I currently reside in the house and I am a disabled veteran with a terminal illness and I did get behind on the payments but could not discuss the account because I am not on the account. I can't get it financed in my name because my credit sucks because when a person gets sick it costs you. I am just not sure what to do at this point. I really thought I would come up with the money that I was behind but was unable to. Any suggestions would be great.
  5. Thank you for your response. I have done some homework on this and know that this is not so easy to prove but I feel that I can show both "prongs" and feel that with a stronger defense there is a good chance the outcome would have been different. Now I just need a good attorney to help articulate my case. Yes, I did see where I can petition the court for an appointed attorney. So, I would send the habeas petition to the Texas Court of Criminal Appeals first and than if that fails try the federal route?
  6. I was charged with assault causing bodily injury to family member in Texas, went to jury trial found guilty and sentenced by the judge. Appealed decision and it was affirmed and sentenced again. I was assigned a court appointed an attorney for each. During the trial my attorney didn't get all the evidence during discovery, he submitted no evidence, called no witnesses in my defense, objected only one time, didn't prepare me to take the stand or for cross examination and the jury returned a guilty verdict in less than 5 minutes. I was sentenced to 2 years probation with a lot of stipulations and 20 days in jail to be served on weekends. I failed to report to the jail and the probation office. I want to file a writ of habeas corpus using 2254 but unsure if I should file it in the state court or federal court? I am not having much luck finding an attorney that will take the case pro bono and I understand that. Any help, thoughts or advice would be greatly appreciated. If a jury reaches a guilty verdict in under 5 minutes was there any defense?
  7. I don't understand why my court appointed Attorney did not introduce the written statements from the "victim" and the "witness" they filled out together the day of the incident or the video/audio of their statements that included my statement? That would have shown how their story continued to change is my thought? The written statements, audio/video statements and their court testimony were all different. Had my attorney done his job he could have shown that the witness could not have seen what she claims she saw because it didn't happen and there was furniture, a breakfast nook and the angles just don't work and I pointed that out to my attorney. I am disappointed that I was found guilty in less than 6 minutes by a 6 person jury. They didn't even have time to sit down before they reached a verdict. My question is when is evidence that could be proof of innocence not considered evidence? Or why wasn't it brought in as evidence? There were 2 Deputies in two different vehicles so in theory there should have been two different audio/video recordings although I was only recorded by one deputy. The other recording would have shown the "victim" and "witness" laughing it up and writing their statements together. I am not sure if my attorney asked for the second recording. I know if you don't ask they don't have to give it to you, is that correct? Thank you Stradog
  8. I recently asked my Court-Appointed Attorney for a copy of the information that he has in my case file and he told me that he couldn't do that due to the "Michael Morton Act". I looked up this act and in the second half there is a concern for the victim's and witnesses addresses, DL#'s etc. but I don't read that I cannot have a copy of my case file. This is a class A misdemeanor in Texas. The court has taken that attorney off my case and has assigned me another attorney that handles the appeals process, he was not replaced for a conflict between us, just certain Attorneys can practice in. My question is, does the "Michael Morton Act" keep an attorney from giving the client (me) his case file or copies of this file in a criminal case? What about obtaining the transcript from the court proceedings? Do I have to file a FOIA request for that? I have some more questions but I will break them up Stradog Gun Barrel City, Texas
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