Plein As The Nose On Your Face

⚠️ 𝗣𝗮𝘅𝘁𝗼𝗻 𝗨𝘀𝗲𝗱 𝗛𝗶𝘀 𝗜𝗻𝗳𝗹𝘂𝗲𝗻𝗰𝗲 𝗧𝗼 𝗦𝗵𝘂𝘁 𝗗𝗼𝘄𝗻 𝗙𝗼𝗿𝗲𝗰𝗹𝗼𝘀𝘂𝗿𝗲 𝗦𝗮𝗹𝗲𝘀 𝗼𝗳 𝗡𝗮𝘁𝗲 𝗣𝗮𝘂𝗹'𝘀 𝗧𝗿𝗼𝘂𝗯𝗹𝗲𝗱 𝗥𝗲𝗮𝗹 𝗘𝘀𝘁𝗮𝘁𝗲 𝗘𝗺𝗽𝗶𝗿𝗲. 𝓒𝓗𝓐𝓟𝓣𝓔𝓡 4: 

On July 31, Paxton ordered his state staffers to draft an opinion that holding in-person foreclosure sales on courthouse steps violated Covid restrictions. Paxton's staff argued a written request for such an opinion was needed since it normally takes 180 days to issue such an opinion. They also argued that outdoor auctions did not violate Covid rules.

 But Paxton didn't care. Paxton demanded his staff write the opinion shutting down open-air foreclosure auctions. He signed the opinion on a Sunday, blocking the forced sale of at least a dozen of Nate Paul's properties. 

 ❌ 𝗣𝗮𝘅𝘁𝗼𝗻 𝗠𝗮𝗱𝗲 𝗔 𝗕𝗶𝗴 𝗗𝗲𝗮𝗹 𝗢𝗳 𝗢𝗽𝗽𝗼𝘀𝗶𝗻𝗴 𝗔𝗻𝘆 𝗖𝗼𝘃𝗶𝗱 𝗦𝗵𝘂𝘁-𝗗𝗼𝘄𝗻 𝗢𝗳 𝗧𝗲𝘅𝗮𝘀, 𝗘𝘅𝗰𝗲𝗽𝘁 𝗪𝗵𝗲𝗻 𝗦𝗵𝘂𝘁𝘁𝗶𝗻𝗴 𝗗𝗼𝘄𝗻 𝗙𝗼𝗿𝗲𝗰𝗹𝗼𝘀𝘂𝗿𝗲 𝗔𝘂𝗰𝘁𝗶𝗼𝗻𝘀 𝗛𝗲𝗹𝗽𝗲𝗱 𝗧𝗵𝗲 𝗠𝗮𝗻 𝗪𝗵𝗼 𝗛𝗶𝗿𝗲𝗱 𝗛𝗶𝘀 𝗠𝗶𝘀𝘁𝗿𝗲𝘀𝘀. 

 Political advertising paid for by Texans Against Public Corruption, Inc.

Foreclosure sales are a very simple process in Texas. My memory is dim, but I think I actually attended one or two back when they were a very common feature of the Texas economy. By @common” I mean conducted by almost every lawyer in Austin.

By “simple” I mean that the sale is conducted on the courthouse steps on a statutorily prescribed day. A representative of the mortgage holder stands there, announces to the open air that the property identified is being foreclosed on in accordance with the Deed of Trust (the mortgage instrument in Texas), and starts the bidding. Usually the only person listening is a a representative of the mortgage holder, who makes a bid, which is accepted, and the deal is done. Papers are later filed indicating title transfer, and it’s all over but the shouting.

The point is, this all done, by law, outdoors. En plein air, as the French say. So why Ken Paxton forced an opinion out of his office that such sales violated Covid restrictions is a bit of a mystery. Or not, considering Nate Paul at the time was facing foreclosure on two properties for a debt of $11.5 million. Especially since the sale was postponed because of the rushed opinion, but eventually carried out. A point Paxton’s lawyers tried to make in exoneration of his pushing the opinion out of his office like a kidney stone. But all they really proved was the opinion shouldn’t have been issued in the first place.

Even defense lawyers can’t make bricks without straw OR mud.