How big a joke was the process leading up to the auction of our house--and why does it appear connected to my blog? The complaint states:
As of fall 2007, more than three years had passed, with McGarity making no effort to collect on the judgment. Neither Swatek nor McGarity ever sent a demand letter regarding the judgment. But roughly three months after Shuler started writing about the case on his blog--and also writing about debt collectors who had repeatedly violated federal law--McGarity and Swatek suddenly became interested in collecting the judgment.
In September 2007, Swatek applied for a writ of execution on McGarity's behalf, threatening seizure of the Shulers' cars and house. The writ was issued by Clerk Mary Harris on September 21, 2007. On February 8, 2008, the Shulers received a notice of levy, signed by Sheriff Chris Curry, stating that the house and property at 5204 Logan Drive would be advertised and sold. Over a period of several weeks, the Shulers received approximately 25 phone messages from Deputies Bubba Caudill and Eddie Moore. The tone of the calls was "we're fixing to sell that property" and "have you worked something out with the other side?"
In a phone conversation with Bubba Caudill, Roger Shuler stated there was nothing to work out. The judgment itself was void, Shuler said, and he had filed a claim of exemption with the sheriff's office--and McGarity had not contested it, meaning the property was exempt from levy and no sale could took place. Caudill told Shuler that Judge Harrington had ordered that the sale proceed, and the court file shows that Harrington indeed signed off on the sale. This occurred even though Alabama law holds that a sheriff's sale is recognized by statute and does not require any action by a judge. (Ex Parte Arthur Lynn, Ala. Civ. App. 1999.) In fact, that court found that a sheriff's sale is not a judicial sale, so Harrington acted outside his official capacity as a judge in causing the Shulers' property rights to be unlawfully auctioned.
What has been the fallout?
As a result of the unlawful auction, a sheriff's deed now is recorded in Shelby County Probate Court, falsely asserting that Bill Swatek has legal rights to the Shulers' property. The Shulers now frequently receive mail at their home, addressed to William E. Swatek, as if he is the owner of the property.
Imagine that you are outside on a 90-degree summer day in Alabama, mowing your yard, pulling weeds, trimming shrubs--doing the kinds of things that homeowners do to try to keep their property looking nice. Imagine that sweat is pouring down your face, and your shirt is thoroughly soaked.
Then this thought comes into your head: Thanks to a neighbor with a long criminal record and his lawyer with a long history of ethical violations and corrupt public officials, you are working your ass off on property that you don't fully own.
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