Chapter 11
Reinstatement
Rich walked into Matt’s office with a big smile on his face. Matt was concentrating on the final draft of his original petition against RMS and didn’t notice him.
“Got good news,” Rich said.
Matt looked up. “Oh. I didn’t see you there, Dad. What’s up?”
“I just got off the phone with Pierson. The Fifth Circuit Court of Appeals has granted you a new trial.”
Matt leaned back in his chair and raised his eyebrows. “Oh, that’s awesome! I can’t believe it.”
“Yes, and Pierson has talked to the assistant US attorney on the case and he says it’s unlikely they’ll prosecute a new trial.”
Matt got up and went around his desk to Rich and gave him a hug. “Thank you, Dad. I feel like a massive weight has been lifted off my shoulders.”
Tears welled in Rich’s eyes. “I know. The nightmare is finally over and now you can get on with your life.”
“Well, I still have to reapply for my license, but that should just be a formality, don’t you think?”
“Yes, now that your conviction has been set aside there is no reason not to reinstate your license, particularly if the US attorney isn’t going to retry you or bring any new charges against you.”
While they were talking excitedly, Ryan walked in. “So, what are you two so happy about?”
“The Fifth Circuit just granted Matt a new trial,” Rich said.
“Oh! Wow! Congratulations, big brother. That’s great news. We’ll have to celebrate tonight.”
“Good idea,” Rich agreed. “I’ll call Erica. She’s good at arranging parties.”
“I’m sure Amanda will help,” Ryan said. “I’ll have her call Mom.”
After the celebration broke up Matt went downstairs to get the mail. When he brought it back up he noticed there was a letter from Richmond & Richmond, a law firm that Matt knew often represented RMS. He tore open the envelope and read it carefully. It was exactly what he expected. RMS denied any wrongdoing and warned that it would seek recovery of the mortgage deficiency and attorney’s fees and costs if they filed a lawsuit. Matt dialed Cindy Sharp’s telephone number. She answered on the first ring. They exchanged greetings.
“I just wanted to let you know that we got a response from RMS and they are denying liability.”
“Did they offer anything?”
“No. In fact, they threatened to countersue for the money they lost when they foreclosed, plus their attorney’s fees and costs if we filed suit.”
“Could they recover all that?”
“Yes. It’s possible. If we sue for breach of contract the prevailing party would be entitled to recover their attorney’s fees. Also, they could ask for a declaratory judgment, and if they prevailed they might recover attorney’s fees under that theory as well.”
“How much would that be?”
“It could be twenty-five to fifty thousand dollars or more, but our case would have to totally fall apart for that to happen.”
“So, what are the odds?”
“I can’t give odds. It’s a crapshoot. We could win big, we could lose big.”
“So what if we lose and I have to pay $50,000?”
“Then you’d be probably forced to file bankruptcy.”
“Wonderful,” Cindy spat. “They drive my husband to suicide and I end up owing them fifty grand.”
“I won’t lie to you. That could happen, but I’d be shocked if it did.”
Cindy sighed. “So, now what?”
“Well, you have to decide if you want me to file the lawsuit. You could just walk away and there’d be no risk.”
“I’m not going to let them get away with killing Tony. They have to pay for what they did.”
“Okay. So, you want me to go ahead and file the petition? I sent you a copy last week. Did you read it?”
“Yes, but I’m not sure I understand it completely.”
“Well, the important thing is that all the facts alleged are accurate. Nobody expects you to understand all the legalese.”
“The facts are accurate. Go ahead and file it.”
“All right. I’ll do it tomorrow.”
“Thanks, Matt,” Cindy said. “Sorry I yelled at you, but I’m just so pissed off at those bastards I can’t stand it.”
“I know. No problem,” Matt said softly. “I’ll let you know when they answer the lawsuit, probably in about thirty days.”
“Okay, thanks.”
Matt hung up and then read the petition one more time before taking it to Rich to sign. Technically he hadn’t gotten his license reinstated yet so he couldn’t sign as the attorney of record. After Rich signed it, Matt took it to Suzie and told her to get it ready to file. Now it was a waiting game. After the suit was filed the clerk had to issue citation and get the constable to serve it. This could take weeks and then the defendant had three to four weeks to answer it.
To short-circuit the process Matt took the petition to the district clerk’s office and walked it through. This meant he filed the case and then waited while citation was prepared. The employees in the clerk’s office didn’t like attorneys who couldn’t wait their turn, but Matt didn’t care. This was the only case he had to work on, so he needed to move it along. After he had the citation in hand he walked it over to the constable’s office and was assured a deputy would try to serve it that very day. When he arrived back at his office Suzie informed him that the constable had called and confirmed that Lucius Jones had been served.
Twenty-eight days later RMS’s answer came in over the fax machine. Much to Matt’s chagrin RMS had made good on its promise to countersue for a deficiency on the note, plus attorney’s fees and court costs. When Matt told Cindy about the countersuit she was livid.
“They’re suing me for $67,000?”
“Yes, $67,000 plus attorney’s fees, but the court’s not going to give that to them unless all of our causes of action fail.”
“Still, the nerve of those bastards to sue me after what they did.”
“I know it’s frustrating. Don’t worry about the countersuit. They just filed it to upset you. I doubt they expect to recover anything.”
“I’d dive into the pits of hell before I’d give them a nickel,” Cindy spat.
Matt stifled a laugh. “We’ll get some discovery out right away and put the case on a fast track. They’ll be doing everything in their power to delay and obstruct our prosecution of the case.”
“Can they get away with that?”
“Yeah. They’re experts at it. It’s a good defensive tactic plus it allows them to run up their bill without the client screaming. Don’t worry, though, we will keep the heat on them and make them sweat.”
“Good. Make them sweat blood.”
Matt hung up the phone, shaking his head. Cindy was really out for revenge, which meant the case wasn’t likely to settle. They’d be going to trial and he knew the road there would be a difficult and costly one. He could feel his stomach begin to twist, so he took a deep breath and tried to relax.
That night they all went out to Texas Land & Cattle to celebrate Matt’s successful appeal. Along with the family they invited the office staff and several close friends. All together there were twenty-five of them sitting together in the back room of the restaurant. When they had finished eating, Rich ordered champagne for everyone and offered a toast.
“Matt, I know you have suffered immeasurable loss and endured much pain and sorrow these past few years, but all of your sacrifice hasn’t been in vain. You’ve accomplished a lot in waking up Congress and forcing them to deal with predatory lenders. Some important laws were enacted on account of your actions. And now you are embarking on a new journey to shake up the mortgage industry and make them accountable for their transgressions against the American consumer. So, here’s to Matt—may God and Lady Liberty shine upon you and guide you on your new endeavors.”
“Hear! Hear!” someone said as everyone raised their
glasses and drank in Matt’s honor.
Matt stood up and thanked them all. He didn’t give a speech, since he really didn’t have anything to say. Everyone knew what had happened to him, so there was no need to go into that. Besides, he was trying hard to forget the past. And the quest to make the mortgage companies accountable was just in its infancy, so there wasn’t much to talk about there, either. So he just sat down and smiled at Candy, whom he had invited to accompany him to the party. It just seemed natural to bring her. In the past they’d only gotten together on the weekends or at night and kept a low profile. But now that the family knew about their relationship there was no need to hide it anymore.
Candy had recovered fully from her accident with the Percodan, and Matt hadn’t brought the subject up again. Fortunately, Candy had cut down on her own personal escorting as she was kept busy managing the growing number of girls under contract to her. She got 30 percent of their take so it was a pretty lucrative venture. Since most of the managing was done by telephone she could do it quite easily from Matt’s apartment or out on the town if they decided to go out.
Because Matt hung around with Candy so much, he got to know most of the girls who worked for her, and it wasn’t unusual for one or two of them to be hanging around at Candy’s house or Matt’s apartment, depending on where they were sleeping that night. Matt found the girls to be a great escape from the stress at the office and looked forward to going home at night to see who would be there with Candy. Most of the girls liked Matt, so the moment he came in they would be hovering over him, anxious to make him comfortable after a long day at the office.
After the family party was over they went to Candy’s place, a restored mansion on Swiss Avenue, where a real party was under way. Candy’s girls liked Matt a lot, so they had planned a night that he wouldn’t soon forget. Ryan and Amanda had been invited, too, since Ryan was now officially their criminal attorney. Many of the girls had brought their boyfriends and Candy had invited some of their best customers, so the house was rocking when they arrived.
When Candy and Matt walked in, an escort named Sharon Sparks was the first one to greet them. Candy gave her a double take.
“I thought you had a date tonight,” Candy remarked.
Sharon shrugged. “The guy turned out to be an asshole. All he wanted to do was grope me. I told him to keep his hands off but he ignored me, so I went to the ladies’ room and never came back.”
Candy nodded. “That’s too bad. He seemed like a nice guy when I booked him.”
“I thought so, too, until he got me alone.”
“So, what do you do if one of your dates tries to force himself on you?” Matt asked.
“Pepper spray,” Sharon replied. “I had a can ready in case I needed it.”
Matt laughed. “Have you ever had to actually use it?”
Sharon nodded. “Yes. It’s pretty nasty stuff. I almost felt sorry for last bastard I sprayed with it. He was in terrible pain and agony, the poor bastard.”
Two blonds, who looked to be twins, strolled up on each side of Matt and latched on to him. “I’m sorry, but we’re in charge of taking care of the guest of honor tonight.”
Matt looked at Candy and she nodded. “Go with Gina and Jenni. Enjoy yourself. I’ve got to go deal with Sharon’s date. I’m sure he’s going to want a refund.”
“You’re going to give it to him?” Ryan asked.
Candy shrugged. “Yeah. It’s better than worrying about him attacking one of the girls or coming here and torching the place.”
“Do your clients know where you live?” Ryan asked.
“They’re not supposed to, but they could find us simply by following one of the girls here.”
Gina and Jenni took Matt to the bar where the cute brunette bartender gave him a long kiss and then a rum and Coke to wash it down. They then whisked him away to the kitchen where there was an impressive array of appetizers and desserts. They sat him down at the kitchen table and proceeded to feed him a little of everything. Matt was loving every minute of this royal treatment as Ryan looked on, a little jealous. Ryan wondered if they’d throw him a birthday party like this. Amanda must have sensed his thoughts because she pinched him hard.
“Ouch! What are you doing?”
“Get that smirk off your face,” Amanda said.
“What?” Ryan complained.
When Matt was full, Gina and Jenni took him to the foyer where they had cleared out the furniture to create a dance floor. A live band set up in the corner was playing an assortment of classic rock, jazz, and hip-hop. Gina and Jenni danced with Matt at first, but then the other girls started cutting in. When Candy finally made it back from her crisis management she reclaimed Matt and they danced a few slow numbers together. The other guests were enjoying the evening as well, dancing, eating, talking, running off to a bedroom for more intimate activities, or going outside to smoke or get some fresh air.
It was nearly two in the morning when guests started leaving. Matt and Candy were exhausted and were heading for the master bedroom when Gina and Jenni intercepted them.
“Can we sleep here tonight? We’re too drunk to drive home.”
“Sure,” Candy said, too tired to fight with anyone.
“Me, too,” Sharon said, stepping in their path.
Candy stopped abruptly. “Fine. Let’s have a slumber party.”
“Great idea,” Sharon said, running off to tell the other girls.
Candy had been joking, but she was too tired to take back the invitation. When they finally made it to the bedroom Matt took off his shirt and pants and climbed under the covers. Candy unbuttoned her dress and pulled it over her head. Matt lay back and watched her attentively as she took off her bra and slipped in beside him. As he was about to wrap his arms around Candy he heard giggling. He looked toward the door and saw Gina, Jenni, and Sharon coming to join them. He looked back at Candy nervously. She laughed.
“This is your lucky day, hot shot. I hope you’re up for it.”
Matt swallowed hard. “Me, too.”
During the next week Matt got the first round of discovery out to RMS’s attorney, Marvin Richmond. It was the standard requests for production, admissions, and disclosures. The purpose of the production was to get all of RMS’s documents. The admissions helped him determine which facts were contested and which were not. The disclosures would tell him damage calculations, what defenses or counterclaims to expect, and who had knowledge of the facts of the case.
Unfortunately, Matt knew RMS would do a half-assed job of answering the first round of discovery and he’d have to file a motion to compel to force them to fully respond. It was annoying to him that Richmond wouldn’t cooperate in the first place but there wasn’t much he could do about it other than complain to the judge. When the responses came back thirty days later it was even worse than he’d expected. Richmond had objected in every conceivable manner to every request and each interrogatory.
Matt immediately put together his motion to compel and faxed it to Richmond. He had an obligation under the rules to try to work out discovery disputes without a hearing before the court if possible. Then he had his new secretary, Melissa Curry, get Richmond on the line.
“What can I do for you, counselor?” Richmond said gleefully.
“Ah. I got your discovery responses, and I don’t agree that your objections have any merit. I’ve faxed you a draft of a motion to compel that sets forth my problems with your responses. Can we talk about them now or would you like to schedule something after you’ve had a chance to study my motion?”
“Every one of those objections is valid and I stand by them. I don’t have to study your motion to know whether I oppose it.”
“Okay. You don’t want to go over each item and discuss it as the local rules require?”
“I know the rules. Although it will be a colossal waste of time, I’ll read your motion and get back with you next week. I’m kind of busy right now.
”
“Can we set a time for a conference now? I’m not going to wait too long to file this motion. The discovery period is running and it will be over before we know it.”
“I don’t have my calendar right in front of me. I’ll get back to you.”
“Right. Sure you will,” Matt said and hung up.
Although Matt was obligated to give Richmond a reasonable amount of time to respond, he didn’t have to wait forever. He programmed his calendar to remind him to follow up in one week. In the meantime he decided to go through the documents and evidence that Cindy had brought in to determine what could be used at trial. It was a very tedious process reading and studying each of the hundreds of documents including notes, deeds, mortgages, statements, letters, and emails. Matt was exhausted when he finally left the office at six thirty.
He went to Candy’s place, since she had called earlier and told him the girls were cooking spaghetti if he wanted to come for dinner. When he knocked on the door, Sharon answered wearing shorts and a halter top. Memories of their slumber party a few weeks earlier came rushing through his mind. It was all a blur now, but he did have a vivid memory of Sharon’s impressive breasts.
“Just in time. Gina and Jenni are just draining it now.”
Matt walked in. “Good. I’m starving.”
“You want some wine?” Sharon asked.
“Absolutely. Make it a double.”
Sharon grinned. “Tough day?”
“Yeah. You could say that.”
Candy came around the corner and smiled at Matt. “There you are.”
Matt walked up to her and they embraced. “Thanks for the invitation,” he said, letting her go and heading for the kitchen. He took a deep breath, savoring the pleasant aroma of tomato sauce, meatballs, and garlic bread. “I hope you made plenty,” he said to Gina, who was cooking in her bikini. He surmised she’d been working on her tan earlier in the afternoon.
Gina nodded. “Get a plate and I’ll fill it up.”
Matt gave her a plate and she gave him a huge portion. After he’d gotten some garlic bread and refilled his wine glass he sat down at the kitchen table. Candy followed suit and joined him. Soon they were all eating, laughing, and having a good time.
“So, you had a tough day, Matt?” Sharon said.
“Oh, just a bit tedious. Pouring through records can give you a headache in a hurry.”
“What are you looking for?”
Matt told them about how Cindy and her late husband had gone through a foreclosure and how it had driven Tony to suicide. “So, I’m looking for the forbearance agreement or evidence that there was one. Cindy swears there was but hasn’t been able to locate it. I’m sure RMS has a copy, but they haven’t produced it and may not unless we put a lot of heat on them.”
“Can they do that?” Gina asked. “Don’t they have to turn over everything?”
“They are supposed to, but who’s to know if they do or don’t.”
“Mmm. That sucks,” Gina said. “You want some aspirin?”
“Thanks, but I took some before I left the office.”
Gina got up, came around so she was directly behind Matt, and put her hands on his shoulders. “Oh my God. You’re as tight as a hooker’s jeans.”
Matt started to laugh, but his laughter turned to moans of relief as Gina gently but firmly massaged his neck and shoulders. “That feels great.”
“It should. I spent six months in massage school. Never did get my license, but it comes in handy on a date. It’s not quite as good as sex for them but most of my clients will settle for it.”
“I’d hire you,” Matt said softly. “This is almost as good as sex.”
Candy watched Gina work, feeling a bit jealous. Matt was officially her boyfriend but she had decided to share him with her girls. They all liked Matt. He was good looking, easygoing, but more importantly, he was a good listener. If one of the girls had a bad date and needed someone to talk to, Matt would sit down with them, look them in the eyes, and listen attentively until they were done. Few men would do that and the girls needed a man to talk to whom they could trust and respect. It didn’t hurt either that Matt was an ex-con. For some strange reason, women were attracted to bad boys, and it was particularly true for Candy’s crew. Since they walked the fine line between escorting and prostitution, they felt Matt was one of them.
Matt and Gina took their massage therapy to the blue leather sofa in the living room. Matt took off his shirt and lay facedown while Gina climbed on his back so she could apply some serious pressure to loosen his tight muscles. She worked hard, and before long Matt had forgotten about Richmond, RMS, and all the other problems he faced. All he felt at that moment was pure, unadulterated pleasure.
Unconscionable, A Rich Coleman Novel Vol 3 Page 12
