CASE_FCFCU KB

Attorney Intake Packet (Executive Summary)

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Attorney Intake Packet (Executive Summary)

Matter: FCFCU v. Rice-Velasquez (49D03-2501-MF-002559)
Current Status: Motion to Vacate Pending / Writ of Assistance Executed / Post-Removal
Jurisdiction: Marion Superior Court 3 (State) / Potential SDIN (Federal Removal)
Internal Anchor: $3.17M (Stress-Tested Exposure Model)

1. Case Snapshot

The Headline: A community credit union (FCFCU) obtained a default foreclosure judgment against a disabled homeowner without proper service, refused all ADA accommodation requests, and executed a “surprise” removal using a Writ of Assistance that was arguably void ab initio. The removal caused verified geographic displacement (forced relocation to Evansville) and severed the Plaintiff’s professional income during tax season.

The Core Defect: Service was never perfected. The docket reflects “Service Returned Served” but the Sheriff’s return contains materially false information regarding the address and method. The Plaintiff appeared immediately upon actual notice, but the court had already processed the Writ.

2. Liability Pillars (The “Spine”)

A. Due Process & Jurisdictional Voidness

  • Fact: Default judgment entered May 28, 2025. Plaintiff was not served.
  • Law: Judgment is void under T.R. 60(B)(6) and due process standards.
  • Impact: All subsequent actions (Sheriff Sale, Writ, Removal) are void. Converting property under a void writ creates strict liability for conversion and trespass.

B. ADA Title II & III Violations

  • Fact: Plaintiff made >10 specific requests for written communication accommodations due to auditory/cognitive processing disabilities.
  • Breach: FCFCU and Counsel ignored all requests, insisting on phone/portal usage, effectively excluding Plaintiff from the pre-foreclosure mitigation process.
  • Aggravation: Removal team was notified of disability on-site and refused “cooling off” accommodations, escalating the harm.

C. FCRA & Financial Strangulation

  • Fact: FCFCU continued to report “Foreclosure” and “Delinquency” monthly, even after the sale was ostensibly complete and while the validity of the debt was contested.
  • Causation: This “poisoned” the Plaintiff’s credit report, making it impossible to secure rental housing in Indianapolis, directly causing the forced relocation to Evansville (harm mitigation failure).

3. Damages Overview (Stress-Tested)

We have modeled the exposure using a “Market Access” theory rather than just emotional distress.

  • Professional/Market Loss ($525k): Loss of Q1 Tax Season revenue due to forced relocation.
  • Housing Instability ($400k): Cost of hotels, survival logistics, and sub-standard conditions.
  • Civil Rights/ADA ($650k): Statutory and compensatory damages for exclusion.
  • Due Process/Tort ($975k): Damages for the void removal and conversion of property/surplus.

4. Immediate Procedural Posture

  • Motion to Vacate: Filed Dec 10, 2025. Hearing held Jan 9, 2026. Taking under advisement.
  • Evidence: “Evidence Locker” contains 150+ exhibits, including Timeline verified by sworn declaration.
  • Goal: Vacate judgment → Stay Writ → Counter-Claims for Damages.

5. Ideal Counsel Profile

We are seeking co-counsel to:

  1. Federalize: Remove to SDIN under §1983/ADA if state court stalls.
  2. Settlement: Leverage the $3.17M exposure to force an early globally mediated resolution.

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