Judge Fostel helped a lawyer steal my...

Judge Fostel helped a lawyer steal my land for nothing

Posted in the Wise County Forum

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Brandy Tanner

Arcata, CA

#1 Oct 4, 2009
Judge John Fostel stole 3 acres of land from me and gave it to a lawyer who sued my mother for not selling him mineral rights when she didn’t own the land and the mineral rights have never belonged to any of our family. The Lawyer Michael A. Smith still has not paid a penny for the land. He has had possession of the land since May 5th 2009. Judge Fostel of the 271st district court in Decatur TX conveyed my property straight to Michael Smith Attorney at law. Mr. Smith is not required to go through any title company or closing company. The land is in his name already at the county clerk’s office. I am appealing this injustice. I think the voters have the right to know how this judge operates with the election approaching so fast. I begged this judge to only listen to my side he refused over and over again.
I am going to attach the final order that Judge Fostel signed.
The final order is basically a restraining order against myself and my mother who has a severe head injury. I have legal guardianship of my mother due to the fact that stress causes her to have a increase in seizure activity. I am a legally blind senior at Texas Tech. I am getting ready to start law school. I am also a single mother. I have two sweet daughters who both have serious health issues. McKenzie is 9 and has type 1 diabetes. Cynthia is 14, she has epilepsy and stress also causes hers to get worse and they happen more often. I am not able to put up as much of a fight as some people might be able to because I have to watch out for my daughter’s and my mother’s health above all else. I am frustrated this is sooo wrong.
How can he take my land and give it to a lawyer just because he wants to, with me begging him not to the entire time?
There is no time limit on how long this lawyer has to pay for the land. He is already on the land threatening my Mom daily and our family’s Dogs across a fence that separates “his land” from ours.
I would appreciate any help you might be able to offer me to help get the word out not to trust this attorney who is shopping for more land in our area or Judge Fostel when you go to vote. if you would like to see the court documents I am going to post them on my facebook at http://tinyurl.com/ydtvj7c You will have to add me as a friend but I would love to share this information.
Thank you all for your time.
Brandy Tanner
[email protected]

Arcata, CA

#2 Oct 4, 2009
Wow I will come check it out.

Arcata, CA

#3 Oct 8, 2009
Michael A. Smith has decided to open gates that lead into our land. He is adding even more harm and almost serious injury to lives. He allowed three wild dogs into our yard. He says onlly "BECAUSE HE CAN" By The Way he still has not paid for my land and really is not required to Because of the order Judge Fostel Signed giving him my land. It is all in God's hands now. I know it will work out, The Lord has a plan.

Little Elm, TX

#4 Oct 8, 2009
Most Texas judges are corrupt.
Brandy Tanner

Arcata, CA

#5 Oct 14, 2009
We built a fence in order to keep this crazy lawyer away from our dogs. I hope that calms everything down even though he still has not paid for the land.
Brandy Tanner

Arcata, CA

#6 Feb 27, 2010
Just an update. This lawyer still has not paid a penny for the land that he took from my mother, well legally from me since the land never legally belonged to my Mother.
I pray that when we go back before Judge Fostel next month he forces Attorney Smith to pay for the land. This entire thing has gotten to be sucha twisted mess due to Mr. Smith’s Unethical legal practices. I am confident that Judge Fostel will see through Attorney Smith’s, lawyer protective coat.
I also pray that the Appeals court Judges see through Mr. Smith’s relentless misrepresentation of the facts. My Mom never owned this land that he sued her for refusing to sell him. The District court Judge took the land out of my name and placed it in the lawyers without any payment or so much as a closing company looking at the deed to realize I was telling him the truth that the land did not belong to my mother.
anyone home

Arcata, CA

#7 Apr 7, 2010
Sounds like a bum deal
Cindy Pena

United States

#9 Jul 25, 2010
Absolute nightmare. Completely illegal not to mention immoral. I find it very interesting that Michael Smith cannot be found on the internet or any other listings. There is not web sight for him. Absolutely nothing can be found about this man anywhere- I use the term "man" is loosely. I challege anyone to find one piece of information on MICHAEL A. SMITH. I find that very interesting- How do clients find him? I have met this person, and in my opinion he is the most vile individual I have ever met. When he was asked how can you just steal someone's property? Michael A. Smith's reply was, "Its what I do, and I am very good at it." I believe that Satan is preparing a special place for him as his special guest for eternity.
troy frye

United States

#10 Sep 16, 2010
It sounds to me that you need to file a lawsuit in a higher court. Maybe retain a out of state law firm (if need be) because this is criminal activity! Sounds to me like there may have been some sort of agreement somewhere along the line. If not, just file a lawsuit against this person(s) and be done with it. Take care and god bless ya'll.
troy frye

United States

#11 Sep 16, 2010
....also join the community!
Brandy Tanner

United States

#12 Oct 18, 2010
We won the appeal however it sends us back to Judge Fostel's court. This is scary due to another recent appeal I read about
This is a link to the Second Court of Appeal of Texas opinion.

This is a link to another appeal from the same Judge. He basically put someone in jail with no reason or paper work what so ever.


I have a 15 year old daughter who deals with stress induced seizures and a 10 year old daughter who has Type 1 diabetes. For me to be put in jail because I am unable to sign land over to this lawyer due to the fact that my Mother does not own it is dangerous and irresponsible.
I pray we are awarded our lawyers fees the Court of appeals did issue a judgment that requires Attorney Michael A. Smith to pay the cost of the Appeal. This could happen to anyone he is a lawyer and spends his time suing people for nothing in order to take their property.
Brandy Tanner

United States

#13 Oct 18, 2010
That first link should have been this sorry.

Brandy Tanner

United States

#14 Oct 18, 2010
The 2nd link should have been

I would log in but my password no longer works I have had a lot of trouble like that since all this started My 10 year old daughters You Tube account was even hacked.
Mizz Tuwanda

Merkel, TX

#15 May 25, 2011
Brandy: I was interested when I saw the title of your post. When I started reading, I went from shock to a light bulb over my head going off because I remember seeing a few documents from your case. I worked for Michael Arthur Smith in his Southlake office for about 3 months in early 2009. I am a Petroleum Landman by trade but I was previously a Paralegal for a Board-Certified Oil & Gas Attorney in Bridgeport. When Oil & Gas went "belly-up" in late 2008, I responded to an employment ad on Craigslist for a Paralegal. It turned out to be Michael A. Smith's office. It was the worst 3 months of my life! Michael A. Smith is a crook, a liar and on a personal note: the biggest A-hole and psychopath I've ever, ever had the dis-pleasure of working with! I've worked with Senior Counsel members of huge corporations like Chesapeake Oil, and never have I experienced anyone who was as mentally unstable in a position of "importance." I never got to see much of your case, because he kept his personal case separate from his client's files. I do know, however, that he hired an Attorney to help him with this case who "goes to lunch every day" with Judge Fostel. I'm quoting Mr. Smith on that point. I don't intend to stir up a lot of gossip or speculation, I just felt compelled to say how I felt about the corruption and the terrible way that Michael Smith acted with regard to ethical practices. He over-billed many clients, he lied repeatedly, and he has friends in the Wise County area who are big land owners and just as corrupt and under-handed as he is. One of his buddies is a former Roanoke Chief of Police who was forced to resign on corruption charges. Go, figure! You are right with your assertion that he is looking for more land in Wise County. That was one of his quirky passions. He would ask me to look for land that he could buy with mineral rights since I was a Petroleum Landman, but every time I would tell him that it would take research time in Wise County, he didn't want to pay me to do it. I think a few complaints to the Bar Association of the State of Texas would do Mr. Smith good.=D Good Luck with your case as well as your education and God Bless!

Since: Apr 10

Location hidden

#16 May 25, 2011
I would really enjoy talking to you Mizz Tuwanda
Please e mail me at [email protected]
I appreciate your thoughts.
Thank You

Oklahoma City, OK

#17 Jun 12, 2011
troy frye wrote:
It sounds to me that you need to file a lawsuit in a higher court. Maybe retain a out of state law firm (if need be) because this is criminal activity! Sounds to me like there may have been some sort of agreement somewhere along the line. If not, just file a lawsuit against this person(s) and be done with it. Take care and god bless ya'll.
Hi Troy it sounds like to me that you have had some dealings with Ponca City Corrupt Legal System.I used to live there until attorney Ken Holmes stole my family business.Do you know of any sollutions except an out of state attorney.I have already tried that with no luck.It appears that no one in the state will even go to Kay County.ANY SUGGESTIONS?

Houston, TX

#18 Oct 11, 2012
You clearly do not know how to search the internet. Perhaps you should do a little research before you claim negative things about individuals that you have never met. Also Brandy your facts are all wrong, so my suggestion is before you continue with the blog maybe you should reseacrh the facts of your mother's case. I have it on good authority that Mr. Smith did infact try to pay your mother for this property on more than one occassion. In fact your mother signed a contractual agreement to sale the property and then when she received the money she deceided that she no longer wanted to sale the property. It was too late by that point and the contract was still in good standing therefore giving the Judge no option but to hand over the property to Mr. Smith. There's the real facts for all your individualls who fell for this pathetic story. I wish you and your family the best in the future.

Charleston, WV

#19 Jan 14, 2013
Good Authority? Ha Ha.:) I took your advice. I researched the case a bit. I found everything the State Bar of Texas needs. "BYE BYE".
Happy Happy Happy

Lubbock, TX

#20 Apr 15, 2013
Mr. Smith's lawyer that he had to hire to get him out of the mess he created could not even save him. Judge Fostel is and always has done a great job it just gets messy when a lawyer goes into court and tells lie after lie. Today in court Judge Fostel saw through Mr. Smith's bull. One last tid bit Mr. Smith NEVER paid a penny not even the couple of thousad that the 2nd Court of appeals ordered him to. The tables have turned and everyone is seein Mr. Smith for the goof he is.

Carrollton, TX

#21 Aug 23, 2013
This judge sentenced me a crime i did not commit and the prosecution "misplaced" the evidence to help prove my innocence. So much for "..innocent until proven guilty." there was not a shred of evidence and a decade later im almost done. Stay away from these Kangaroo Courts and officialls. Especially if you are not a permanent local. Total railroad job. Texas Rules of Criminal (and apparantly) Civil Procedure mean nothing. I have over a decades worth of research to prove it. and yes, im speaking about individuals i have met.

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