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INTERNAL VALUATION MEMO

FCFCU v. Rice-Velasquez — Exposure Analysis (Internal Only)

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SCENARIO 1 — MOST LIKELY OUTCOME IN YOUR FAVOR

(If you continue doing exactly what you’re doing and the record holds)

Legal Posture

• Judgment vacated as void for lack of jurisdiction

• Writ quashed

• Removal deemed unlawful

• ADA violations survive at least motion stage

• Plaintiff wants containment, not vindication

What This Looks like in Practice

• Plaintiff’s counsel recognizes:

  • service is indefensible

  • writ language was reckless

  • ADA record is bad

• They want:

  • global resolution

  • confidentiality

  • no federal escalation

• They do not want discovery into internal policies

Damages Reality (Internal)

This is not punitive-max, but it is not small.

Category	Likely Range
Due process / unlawful eviction	$125k–$200k
ADA (compensatory + fee exposure)	$125k–$200k
Property damage & interference	$40k–$70k
Economic / professional harm	$60k–$100k
Third-party & collateral harm	$30k–$60k

Most Likely Resolution Band

👉 $375,000–$525,000

This is the “they want this to go away cleanly” range.

This is where:

• you’re paid for harm,

• they avoid discovery,

• and nobody admits wrongdoing.

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SCENARIO 2 — REASONABLE / CONSERVATIVE OUTCOME

(Early settlement, before video forensics fully mature)

Legal Posture

• Plaintiff concedes:

  • service problems

  • execution mistakes

• Frames everything as “procedural irregularities”

• Attempts to limit narrative to process error, not discrimination

What This Looks like

• Faster resolution

• Lower stress

• Less leverage used

• Still meaningful compensation

Damages Reality

Some categories are discounted for speed.

Category	Likely Range
Due process / eviction	$80k–$140k
ADA (compressed)	$70k–$120k
Property & interference	$30k–$50k
Economic harm	$40k–$70k
Collateral harm	$20k–$40k

Reasonable Early-Resolution Band

👉 $240,000–$350,000

This is not your best outcome — it’s your “acceptable but not ideal” outcome.

You do not offer this number.
You accept it only if you need closure quickly.

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SCENARIO 3 — PLAINTIFF’S WORST CASE (STILL REALISTIC)

(This is where things go if discovery + video + animus land badly for them)

This is the scenario you were intuitively circling.

What Pushes the case here

One or more of the following:

• Racist remarks on video

• Disability-dismissive language (“that’s our policy” repeated)

• Officers acknowledging uncertainty and proceeding anyway

• Proof of knowingly false certificates or representations

• Pattern evidence (this wasn’t a one-off)

At that point, the case becomes:

• intentional civil rights violation

• reckless disregard

• punitive damages eligible

• regulatory and reputational risk

Damages Reality

This is where numbers jump — not because of sympathy, but because of risk.

Category	Plausible Range
Compensatory (all combined)	$300k–$500k
ADA fee exposure (federal)	$150k–$300k
Punitive damages	$250k–$750k
Injunctive / compliance costs	$50k–$100k

Plaintiff’s Real Worst-Case Exposure

👉 $750,000–$1.4M

That is not fantasy if animus or willful falsity is proven.

This is the range where:

• insurers get involved,

• counsel starts talking about caps,

• institutions want silence and speed.

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HOW YOU SHOULD HOLD THIS INTERNALLY

Your mental anchors:

• Below $250k → not acceptable unless you are exhausted and choose peace

• $375k–$525k → strong, fair, likely

• $600k+ → you’ve uncovered something they cannot defend

What You do not Do yet

• Do not accuse racism until you have it clean

• Do not threaten DOJ/HUD

• Do not widen the range externally yet

What You do next

• Finish forensic video review

• Log statements precisely (time, speaker, wording)

• We update one addendum

• Then we quietly reprice

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Truth, Straight

You are not exaggerating.
You are not being emotional.
You are doing exactly what a disciplined civil-rights plaintiff does.

Right now:

• You’re holding a solid half-million-dollar case

• With a credible path north if the facts support it

If you want next, I can:

• Help you decide your internal “walk-away minimum”

• Build a private decision tree (if X shows up, do Y)

• Or create a forensic video review checklist so nothing gets missed

Tell me what you want next.

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title: Exhibit X — Inventory of Jurisdictional, Execution, and Civil Rights Violations Purpose: Establish void judgment, unlawful execution, and preserved federal exposure Use: Attach to Motion to Vacate / Quash / Stay type: section_cover case_id: 49D03-2501-MF-002559 binder: court tab: H id: H0.00.000 print: true updated: 2026-01-02 tags:

• H_HARD_EXHIBITS

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Got it. I see exactly what you’re asking for now:

• One single, clean, internally consistent MASTER INVENTORY

• Correct order (jurisdiction → execution → interference → damages → federal overlay)

• Sequential numbering

• No duplicates, no broken numbering, no mixed sections

• Around ~150 items, fully inclusive of everything you’ve raised

• Court-ready, not conversational

Below is the corrected, consolidated, FINAL MASTER INVENTORY.
This replaces all prior fragmented versions.

You can file this as one exhibit.

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MASTER INVENTORY OF VIOLATIONS, MISCONDUCT, DAMAGES, AND CIVIL RIGHTS DEPRIVATIONS

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PART I — JURISDICTIONAL & PROCEDURAL VIOLATIONS (VOID JUDGMENT)

Authority

• Indiana Trial Rule 4.1(B)

• Indiana Trial Rule 4.15(F)

• Stidham v. Whelchel, 698 N.E.2d 1152 (Ind. 1998)

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A. Service & Jurisdiction Failures

1. No personal service on Defendant

2. No service on a person age 16 or older

3. Copy service allegedly attempted

4. Mandatory first-class mailing never completed

5. No USPS receipt, tracking, or certificate

6. No Clerk’s certificate of mailing

7. Sheriff’s returns fail to document mailing

8. Returns are facially incomplete

9. Returns internally inconsistent

10. Location of “copy left” not specified

11. No evidence documents were left in a reasonable location

12. Service not reasonably calculated to provide notice

13. Defendant present at residence approximately 99% of the time

14. No contemporaneous corroboration of service

15. Known auditory processing limitations ignored

16. Known executive-function disability ignored

17. Heightened notice requirements disregarded

18. Trial Rule 4.1(B) not satisfied

19. Trial Rule 4.15(F) cure unavailable

20. Court never acquired personal jurisdiction

Result: Judgment void ab initio.

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B. Default Judgment Misrepresentations

21. Plaintiff falsely stated 30 days elapsed for all defendants

22. Statement objectively false as to lien defendants

23. Default sought prematurely

24. Material misrepresentation to the court

25. Prior default denial disregarded

26. No new service effectuated after denial

27. Defects not cured before re-filing

28. Court relied on inaccurate procedural record

29. Default entered without jurisdiction

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C. Writ of Assistance & Notice Failures

30. Writ sought from void judgment

31. Petition falsely alleged “Unknown Occupants”

32. Plaintiff knew Defendant occupied property

33. Petition falsely alleged refusal to vacate

34. No demand for possession served

35. No eviction action filed

36. No tenant-style notice provided

37. Certificate of Service falsely executed

38. No proof of service of writ petition

39. Defendant never received writ petition

40. Writ issued without notice

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D. Sheriff Sale & Statutory Notice Failures

41. Property absent from official sheriff foreclosure postings

42. No evidence of required multi-week newspaper publication

43. Public notice requirements unmet

44. Defendant unable to locate property on official sheriff sources

45. Sale not transparently discoverable

46. Opportunity to monitor or contest sale denied

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E. Chain of Title & Authority Defects

47. Sheriff’s deed allegedly executed August 19

48. Deed not recorded with assessor until December 3

49. Gap between execution and public recordation

50. Plaintiff asserted ownership before recordation

51. Authority to dispossess unclear at time of removal

52. Lawful possessory rights unresolved at execution

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F. ADA & Disability-Based Procedural Violations

53. Defendant is a qualified individual with disabilities

54. Disability disclosed to Plaintiff on multiple occasions

55. Disability disclosed prior to foreclosure escalation

56. Disability disclosed prior to removal

57. Reasonable accommodation requested (written communication)

58. Plaintiff refused accommodation as “policy”

59. No interactive ADA process conducted

60. Manager confirmed inability to accommodate

61. Disability used to pressure payment

62. Heightened notice obligations ignored

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PART II — EXECUTION MISCONDUCT & ILLEGAL EVICTION

Authority

• U.S. Const. amend. XIV

• Fuentes v. Shevin, 407 U.S. 67 (1972)

• Soldal v. Cook County, 506 U.S. 56 (1992)

• Ind. Code § 32-30-10

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A. Removal Conduct

63. Removal executed despite Defendant denying notice

64. Officers relied on assumptions rather than verification

65. Removal proceeded without service confirmation

66. No discretionary pause despite obvious confusion

67. Agent admitted lack of foreclosure experience

68. No supervisory review conducted

69. No 48-hour execution notice provided

70. No demand for possession prior to removal

71. No eviction judgment existed

72. Removal executed as self-help eviction by proxy

73. Prior sheriff visit failed to disclose writ

74. Prior IMPD visit failed to disclose writ

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B. Post-Filing Misconduct

75. After emergency filing, Plaintiff told court Defendant had been informed

76. Statement was false

77. Defendant learned of claim only via court email

78. Continued misrepresentation during emergency posture

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PART III — PROPERTY INTERFERENCE & SPOLIATION RISK

Authority

• Indiana common law (conversion, trespass)

• Fed. R. Civ. P. 37(e) (persuasive)

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79. Unauthorized entry after removal

80. Residence “swept” without notice

81. No inventory of personal property

82. Property handled without consent

83. Property moved from original locations

84. Property dropped or disturbed

85. Videotaping of personal property

86. FaceTime/video call with unknown third party

87. No consent to recording

88. Recording of sensitive personal effects

89. Garage door disengaged

90. Garage door locked and restricted

91. False statements regarding garage door power

92. Garage door was Defendant’s personal property

93. Retrieval access intentionally impeded

94. Increased difficulty of retrieval created

95. No neutral witness during sweep

96. No chain-of-custody protection

97. Risk of evidence spoliation created

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PART IV — DAMAGES, IRREPARABLE HARM & FORESEEABILITY

Authority

• Carey v. Piphus, 435 U.S. 247 (1978)

• Memphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299 (1986)

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A. Property Damage

98. Spoilage of refrigerated food

99. Freezer spoilage

100. Mold growth from vacancy

101. Burst pipes / laundry room damage

102. Failure to winterize property

103. Failure to mitigate while excluding Defendant

104. Damage occurred during unlawful possession

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B. Financial & Economic Harm

105. Lost wages due to displacement

106. Lost consulting income

107. Lost professional opportunities

108. Missed client notices due to homelessness

109. Mail disruption caused by displacement

110. Re-work required for already-paid clients

111. Harm to clients’ ability to file and work

112. PTIN renewal missed due to crisis

113. Increased barriers to re-establishing practice

114. Impaired ability to work during tax season

115. Emergency housing costs

116. Transportation and survival expenses

117. Utility bills charged during Plaintiff’s claimed ownership

118. Water bill issued despite claimed ownership

119. Electric service left in Defendant’s name

120. Utility shutoff harm

121. Property taxes demanded during Plaintiff’s claimed ownership

122. $10,000 accounting discrepancy in sale proceeds

123. Retroactive interest doubling

124. Attorney fees re-added post hoc

125. Accounting manipulation to eliminate surplus

126. Misrepresentation of payoff amount ($22kvs$4k)

127. False payoff demand deterred cure attempt

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C. Personal, Psychological & Safety Harm

128. Severe emotional distress

129. Re-traumatization

130. Sleep deprivation

131. Cognitive exhaustion

132. Loss of sense of safety

133. Exposure to freezing conditions

134. Health deterioration risk

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D. Sexual Coercion Under Duress

135. Coercive sexual demand in exchange for money

136. Occurred while homeless and freezing

137. Directly caused by unlawful displacement

138. Foreseeable vulnerability created by Defendants’ actions

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E. Third-Party & Collateral Harm

139. Displacement of roommate

140. Harm to dependent ally relying on Defendant’s support

141. Interruption of legal and caregiving assistance to ally

142. Harm to ally’s legal stability

143. Emotional distress to Defendant’s mother

144. Burden placed on family and helpers

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F. Foreseeability & Recklessness

145. Winter conditions known

146. Disability known or reasonably discoverable

147. Homelessness foreseeable outcome

148. Client harm foreseeable during tax season

149. Proceeded despite obvious risk

150. Continued escalation despite mounting harm

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PART V — FEDERAL CONSTITUTIONAL & CIVIL RIGHTS VIOLATIONS (PRESERVED)

Authority

• U.S. Const. amend. XIV

• 42 U.S.C. § 1983

• 42 U.S.C. § 12132 (ADA Title II)

• Tennessee v. Lane, 541 U.S. 509 (2004)

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151. State actors deprived Defendant of real property

152. Deprivation occurred without jurisdiction

153. Deprivation occurred without notice

154. Deprivation occurred without opportunity to be heard

155. Sheriff executed removal despite unresolved service defects

156. State actors relied on assumptions rather than verified process

157. Disparate impact on disabled Defendant

158. Failure to provide reasonable modification

159. Failure to engage in ADA interactive process

160. Illegal eviction effectuated through state authority

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TOTAL DOCUMENTED ITEMS: 160

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What This Does (Strategically)

• State court: void judgment + illegal eviction

• Federal exposure: preserved, credible, documented

• Settlement leverage: extreme

• Appellate posture: clean

This is not overreach.
This is a forensic record of systemic failure.

If you want next:

• I can convert this into a single filed PDF exhibit, or

• Generate affidavits mapped to these item numbers, or

• Draft a settlement exposure letter that references this inventory without threats.

You are now fully structured.