Embed Size (px)
Citation preview
NO. D-1-GN-16-000360
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
Plaintiff, §
§
V. § TRAVIS COUNTY, TEXAS
§
MILLENNIUM CLOSING SERVICES, LLC §
D/B/A MILLENNIUM TITLE §
Defendant. § 53rd
JUDICIAL DISTRICT
SPECIAL DEPUTY RECEIVER’S RESPONSE IN OPPOSITION
TO JAW HOMES, INC.’S MOTION TO PERMIT FORECLOSURE
TO THE HONORABLE JUDGE OF THIS COURT:
CANTILO & BENNETT, L.L.P., solely in its capacity as the Special Deputy Receiver of
Millennium Closing Services, L.L.C. d/b/a Millennium Title (the “SDR” and “Millennium
Title,” respectively), files this Response in Opposition to the Motion to Permit Foreclosure (the
“Response”) filed by JAW Homes, Inc. (“JAW Homes”).
I. INTRODUCTION AND SUMMARY
1.1 The SDR objects to the Motion to Permit Foreclosure (the “Motion”) filed by
JAW Homes that seeks to lift the automatic stay issued at the commencement of this proceeding
under TEX. INS. CODE § 443.008(c), so it may foreclose on two properties.
1.2 The real estate in question, referred to herein as “8413 Spence Court” and “8158
Westwind Court,” respectively, are owned by the ZAPP Trust, an affiliate of Nancy Carroll
(“Carroll”). This Court has entered a temporary restraining order and temporary injunction
freezing all assets held by the ZAPP Trust along with all other property owned or controlled by
Carroll.
1.3 The Order Appointing Liquidator and Permanent Injunction (“Liquidation
Order”) entered by this Court expressly finds that Carroll and her affiliates, such as the ZAPP
3/29/2016 8:57:44 PM Velva L. Price District Clerk Travis County
D-1-GN-16-000360Jessica Arzola
SDR Response in Opposition to JAW Homes Motion to Permit Foreclosure 2
Trust, are agents of Millennium Title. The Liquidation Order bars any creditors from, among
other things, seeking or obtaining preferences. The SDR is currently investigating the claims
held by the estate and its creditors against Carroll, the ZAPP Trust, and others, and anticipates
filing suit in the near future.
1.4 The relief that JAW Homes requests would result in the preferential treatment of
one alleged creditor among the many creditors of this estate, and create an avalanche of
litigation. This Court should deny JAW Homes’ Motion in order to avoid preferences and the
dissipation of assets that should be available to all creditors of this insolvent estate.
1.5 Procedurally, the Motion should be denied because JAW Homes does not meet
the strict requirements for lifting the stay. Legally, JAW Homes fails to meet the statutory
requirements of TEX. INS. CODE § 443.008(h) for the relief it seeks. Factually, JAW Homes does
not meet the very high burden of proof imposed by the Texas Legislature under TEX. INS. CODE
§ 443.008(i) that it present “clear and convincing evidence” on the merits of its Motion.
II. BACKGROUND
2.1 Millennium Title was placed in receivership in this proceeding on January 25,
2016, when the Court entered its Liquidation Order, appointing the Texas Commissioner of
Insurance as Liquidator. See Exhibit 1. The Receiver designated CANTILO & BENNETT, L.L.P.,
as SDR of Millennium Title on January 26, 2016.
2.2 Millennium Title was declared an “impaired agent” on January 25, 2016. As of
that date, the Texas Title Insurance Guaranty Association (“TTIGA”) became responsible for the
payment of “covered claims” as defined by Chapter 2602 of the Insurance Code. TTIGA
established an expedited claims plan beginning on February 1, 2016, seven days after entry of
the Liquidation Order.
SDR Response in Opposition to JAW Homes Motion to Permit Foreclosure 3
2.3 Millennium Title was a title insurance agency with offices in the Dallas-Ft. Worth
area, and several fee attorneys in the Dallas-Ft. Worth, Houston, and Austin areas. It performed
duties incident to buying and selling real property, such as accepting earnest money,
documenting and closing transactions, and disbursing proceeds. Millennium Title is not an
insurance company but it is subject to receivership under Chapter 443, because it acted as an
agent for solvent title insurance companies. The title insurance companies continue to process
and pay claims on title insurance policies issued by Millennium Title. As an agency, Millennium
Title did not have any reserves, any reinsurance, or any significant assets. Administration of the
estate has been financed by loans from the Texas Department of Insurance Abandoned Property
Fund in accordance with TEX. INS. CODE § 443.304(c).
2.4 The SDR has determined that, prior to receivership, title escrow funds from
Millennium Title were transferred improperly to certain bank accounts owned or controlled by
Nancy Carroll and her affiliates, including NJC Carroll Law, PLLC (“NJC Law”). The SDR has
also determined that Carroll and her affiliates, commingled assets belonging to Millennium Title
with those of her affiliates, including, but not limited to, NJC Law. Accordingly, the
Receivership Court froze all assets of Carroll, NJC Law and other affiliates beginning on
February 2, 2016. See Exhibit 2, Order Granting SDR’s Application for Temporary Restraining
Order.
2.5 In summary, the facts surrounding the 8413 Spence Court and 8158 Westwind
Court properties are remarkably similar. Until August 2015, JAW Homes had a first lien and
mortgage on the properties. In August 2015, Millennium Title closed transactions on both tracts
showing that First Funding Investments, Inc. (“First Funding”) loaned money to the ZAPP Trust
to purchase the properties from Carroll and Shelby Carroll and payoff the underlying JAW
SDR Response in Opposition to JAW Homes Motion to Permit Foreclosure 4
Homes mortgages. Before closing, “Insured Closing Letters” were issued by title insurance
companies representing that title policies would be issued in favor of First Funding. At the
closings, deeds of trust were issued securing First Funding’s loans and warranty deeds were
issued to the ZAPP Trust. Following the closings, Carroll converted most of First Funding’s
loan proceeds. The JAW Homes mortgages were not paid.
2.6 First Funding has filed a claim with TTIGA for the 8158 Westwind Court
transaction. See Exhibit 3. It remains pending. Another claim for the 8413 Spence Court
property is expected.
2.7 Although the transactions took place in August 2015, JAW Homes only posted
both properties for foreclosure in February 2016, after Carroll fled the state. First Funding, in
separate lawsuits in Tarrant County, obtained temporary restraining orders enjoining the
foreclosures. The SDR filed notices of the automatic stay and permanent injunction in both
actions. JAW Homes has re-noticed the foreclosure sales for April 2016.
2.8 JAW Homes filed its Motion on March 17, 2016, contending with respect to each
property, that the “Receiver has no equity in the property, nor is the property necessary for an
effective rehabilitation plan. Creditor hereby requests that this Court, pursuant to the authority of
§443.008(h) of the Texas Insurance Code, terminate or null the stay in reference to the above-
described property and permit Creditor to foreclose its lien.” See Motion at 3, 5.
2.9 JAW Homes is marketing 8413 Spence Court for $522,700. See Exhibit 4. It
loaned Nancy Carroll, after down payment, $494,800 secured by that property. See Motion at 4.
In its Motion, JAW Homes claims that the alleged payoff of $448,771.07. Id at 5. JAW Homes
is clearly over-secured and would reap the equity in the property if allowed to foreclose.
SDR Response in Opposition to JAW Homes Motion to Permit Foreclosure 5
2.10 JAW Homes claims that payoff on the 8158 Westwind Court property is
$348,748.47. Id. at 3. It claims that there is no equity in the property because its tax appraisal
value is $318,500. Id. However, JAW Homes loaned Carroll’s ex-husband, Shelby Carroll (the
ZAPP Trust’s predecessor in title), $358,800 on April 3, 2013, secured solely by that property.
Id. at 2. It is difficult to envision how the 8158 Westwind Court property is worth less than the
alleged payoff since the JAW Homes’ loan was made after a down payment.
2.11 The SDR was appointed approximately nine weeks ago. Since then, it has
worked closely with TTIGA to establish an expedited claims processing system to pay priority
escrow claims, such as unpaid property taxes, homeowners insurance policy premiums and
homeowner’s association dues and assessments. It has also frozen all assets held by Carroll and
her many affiliates. The SDR is mandated to marshal all assets available to the estate and insure
their distribution as provided for in TEX. INS. CODE § 443.301. JAW Homes should not be
allowed to benefit from Carroll’s misconduct.
III. LEGAL ANALYSIS
A. The Liquidation Order Bars Preferences
3.1 JAW Homes seeks preferential treatment of its claims. It is a creditor as defined
in TEX. INS. CODE § 443.004(a)(3) (“Creditor” or “claimant” means a person having any claim
against an insurer, whether the claim is matured or not, liquidated or unliquidated, secured or
unsecured, absolute, fixed, or contingent.”). If allowed to foreclose, it will reap the benefit of the
equity in the two properties, thereby depriving the estate and its creditors of those assets. The
Liquidation Order expressly bars such efforts, stating that all creditors are barred from
Making any claim, charge or offset; commencing or prosecuting any action,
appeal, or arbitration, including administrative proceedings, or obtaining any
preference, judgment, attachment, garnishment, or other lien, or making any levy
against Defendant, Defendant’s Property or any part thereof, or against the
SDR Response in Opposition to JAW Homes Motion to Permit Foreclosure 6
Liquidator; except as permitted by the Insurer Receivership Act and TEX. INS.
CODE Chapter 2602 [emphasis added]. ...
Exhibit 1 at 8, ¶ 4.8.
B. JAW Homes has not Plead Grounds for Relief from the Stay
3.2 Upon the filing of this proceeding, an automatic stay came into effect under TEX.
INS. CODE § 443.008(c). This section provides, in pertinent part, that the commencement of this
proceeding operates as a stay of specified actions, subject to exceptions enumerated in Chapter
443. JAW Homes does not assert that any exception applies. Therefore, JAW’s sole recourse is
to request relief from the stay under TEX. INS. CODE § 443.008(h). This section allows the court
to grant relief under one of the following circumstances:
1) For “cause,” as defined by TEX. INS. CODE § 443.008(i). “Cause” is
predicated on the Receiver’s cancellation of a policy, surety bond, or surety undertaking.
2) If the action in question is taken against property in which Millennium
Title does not have equity, and such property is not necessary to an effective
rehabilitation plan.
3.3 JAW Homes argues that “cause” exists because there is no equity in the
properties, and thus it is entitled to relief under TEX. INS. CODE § 443.008(h)(2). See Motion at
3, 5. However, its own evidence establishes that it is over-secured. Thus JAW Homes fails to
satisfy at least one element of TEX. INS. CODE § 443.008(h)(2)(A).
3.4 This estate is less than seventy-five days old. JAW Homes can file its proof of
claim (“POC”) with the SDR when a claim filing deadline has been set and a POC form has been
approved. Once it submits a POC to the SDR and it is adjudicated, JAW Homes can respond to
the SDR’s determination pursuant to the Insurer Receivership Act.
SDR Response in Opposition to JAW Homes Motion to Permit Foreclosure 7
3.5 Finally, JAW Homes bears a heavy burden to establish relief from the stay. TEX.
INS. CODE § 443.008(j) provides that “[i]n any hearing under Subsection (h), the party seeking
relief from the stay has the burden of proof on each issue, which must be established by clear and
convincing evidence.” On the issue of equity alone, JAW Homes cannot meet this very high
standard of proof.
IV. CONCLUSION
4.1 JAW Homes’ Motion illustrates why the Texas Legislature provided for a stay
and injunctive relief in an insurance receivership proceeding. Two lawsuits have already been
filed, and there have been several efforts at foreclosure and claims made with title insurers and
TTIGA in connection with the properties. As with most receiverships, the SDR is faced with
many creditors and few assets. JAW Homes is one of many creditors and is only entitled to be
paid what it is owed. Allowing it to foreclose at this time deprives the estate and its creditors of
the equity in the properties. Insurance receiverships exist to insure the “apportionment of any
unavoidable loss in accordance with the statutory priorities set out in this chapter.” TEX. INS.
CODE § 443.001(e)(4). In Bard v. Charles R. Myers Ins. Agency, 839 S.W.2d 791 (Tex. 1992),
the Supreme Court held:
Texas has recognized the importance of this interest in article 21.28, section 4(b) of the
Insurance Code [predecessor to Chapter 443]. This procedure assures the equal treatment
of all policyholders, claimants and creditors in insurance company liquidations. In
authorizing a receivership court to enter an injunction barring suits from being brought or
maintained elsewhere, the Legislature recognized the benefit, if not the practical
necessity, of requiring that all claims against the insolvent insurer’s estate be adjudicated
in the receivership proceedings to ensure the fair and consistent treatment of all claims.
839 S.W.2d at 796-97 (emphasis in original).
V. NOTICE
5.1 Pursuant to TEX. INS. CODE § 443.007(d), this Response has been served on the
SDR Response in Opposition to JAW Homes Motion to Permit Foreclosure 8
entire service list for this proceeding, including TTIGA, in the manner shown on the Certificate
of Service.
VI. OFFER OF PROOF AND VERIFICATION
6.1 This Response is verified as required by the Texas Rules of Civil Procedure by
the affidavit and certification pursuant to TEX. INS. CODE § 443.017(b) by Susan E. Salch,
Partner in CANTILO & BENNETT, L.L.P., SDR of Millennium Title.
PRAYER
WHEREFORE PREMISES CONSIDERED, CANTILO & BENNETT, L.L.P., solely in its
capacity as the Special Deputy Receiver of Millennium Closing Services, L.L.C. d/b/a
Millennium Title, respectfully requests this Court to deny JAW Homes’ Motion to Permit
Foreclosure, and grant such further relief to which it may show itself to be justly entitled.
Respectfully submitted,
FULLER LAW GROUP
By: /s/Christopher Fuller
Christopher Fuller
State Bar No. 07515500
4612 Ridge Oak Drive
Austin, Texas 78731
Telephone: (512) 470-9544
Email: [email protected]
ATTORNEY FOR
CANTILO & BENNETT, L.L.P.,
SPECIAL DEPUTY RECEIVER OF
MILLENNIUM CLOSING SERVICES, L.L.C.
D/B/A MILLENNIUM TITLE
SDR Response in Opposition to JAW Homes Motion to Permit Foreclosure 9
CERTIFICATE OF SERVICE
I certify that on March 29, 2016, a true and correct copy of this Response was served
pursuant to the Order of Reference, the Texas Rules of Civil Procedure, and TEX. INS. CODE
ANN. § 443.007 (d) on the following:
Via e-Service: [email protected]
Special Master’s Clerk
TEXAS DEPARTMENT OF INSURANCE
Rehabilitation & Liquidation Oversight
PO Box 149104
Austin, TX 78714-9104
Via e-Service: [email protected]
James Kennedy
TEXAS DEPARTMENT OF INSURANCE
PO Box 149104
Austin, TX 78714-9104
Via e-Service: [email protected]
Kimberly Hammer
TEXAS DEPARTMENT OF INSURANCE
PO Box 149104
Austin, TX 78714-9104
Via e-Service: [email protected]
Vicente Aguillon
TEXAS DEPARTMENT OF INSURANCE
Rehabilitation & Liquidation Oversight
PO Box 149104
Austin, TX 78714-9104
Via e-Service:
Cynthia Morales
Assistant Attorney General
Financial, Litigation, Tax, & Charitable Trusts
OFFICE OF THE TEXAS ATTORNEY GENERAL
P.O. Box 12548
Austin, TX 78711-2548
Via Email:
Rachel Obaldo
Assistant Attorney General
Bankruptcy and Collections Division
OFFICE OF THE TEXAS ATTORNEY GENERAL
P.O. Box 12548
Austin, TX 78711-2548
Via First Class Mail
INTERNAL REVENUE SERVICE
Special Procedures Branch
P.O. Box 250
300 East 8th
Street, Suite 352
Mail Stop 5022AUS
Austin, TX 78701
Via First Class Mail
INTERNAL REVENUE SERVICE
Centralized Insolvency Operation
P.O. Box 7346
Philadelphia, PA 19101-7346
Via e-Service:: [email protected]
Kergin B. Bedell
BURTON & HYDE, PLLC
311 West 5th
Street, Suite 100
Austin, TX 78701
Via e-Service: [email protected]
Jason Lee Van Dyke
THE VAN DYKE LAW FIRM
200 Chisholm Place #250
Plano, TX 75075
Counsel for Maverick Title of Texas, LLC
SDR Response in Opposition to JAW Homes Motion to Permit Foreclosure 10
Via e-Service: [email protected]
Kimberly A. Yelkin
GARDERE WYNNE SEWELL LLP
3000 One American Center
600 Congress Avenue
Austin, TX 78701
Via e-Service: [email protected]
Marisol M. Saenz
GARDERE WYNNE SEWELL LLP
3000 One American Center
600 Congress Avenue
Austin, TX 78701
Via E-Service: [email protected]
Burnie Burner
MITCHELL WILLIAMS
500 W. 5th Street Suite 1150
Austin, TX 78701
Counsel for Texas Title Insurance Guaranty
Association
Via E-Service: [email protected]
Bruce McCandless, III
MITCHELL WILLIAMS
500 W. 5th Street Suite 1150
Austin, TX 78701
Counsel for Texas Title Insurance Guaranty
Association
Via E-Service: [email protected]
Brad Repass
HAYNIE, RAKE, REPASS & KLIMKO, P.C.
14643 Dallas Parkway, Suite 550
Dallas, TX 75254
Counsel for Scott Schambacher, Avondale
Development Group, 1601 AF Ltd. and Affiliates
Via E-Service: [email protected]
Via E-Service: [email protected]
Via E-Service: [email protected]
Philip A. “Phil” Meyer
Anthony L. Laporte
Christopher S. Conry
HANSZEN LAPORTE, LLP
11767 Katy Freeway, Suite 850
Houston, TX 77079-1729
Counsel for First Funding Investments, Inc.
/s/Christopher Fuller
Christopher Fuller
CAUSE NO. D-1-GN-16-000360
Filed in The District Court of Travis County, Texas
FEB - 2 2016 At /f,lJL> rl M. Velva L. Price, District Clerk
THE STATE OF TEXAS Plaintiff,
§ § § § § § § §
IN THE DISTRICT COURT OF
v. TRAVIS COUNTY, TEXAS
MILLENNIUM CLOSING SERVICES LLC, DBA MILLENNIUM TITLE
Defendant. 53d JUDICIAL DISTRICT
ORDER GRANTING SPECIAL DEPUTY RECEIVER'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER [CARROLL]
On the undersigned date, the Court called for hearing this Application for a Temporary
Restraining Order by CANTILO & BENNETT, L.L.P., Special Deputy Receiver of Millennium
Closing Services, L.L.C. d/b/a Millennium Title (the "SDR" and "Millennium Title"
respectively), against Nancy B. Carroll a/k/a Nancy Jackson Carroll, a/k/a Nancy Carroll; NJC
Carroll Law, PLLC d/b/a Integrity Title d/b/a Texas Title; Millennium 1031 Exchange Services,
LLC a/k/a Millennium Title 1031; MT &PS, LLC;ZAPP TRUST; Southwest Bank Acquisitions,
LP; SWBANKACQ, LLC.; and PSS Title (collectively, the "Carroll Respondents") and
Prosperity Bank; Independent Bank f/k/a Grand Bank; Capitol One 360; and Wells Fargo Bank,
N.A (collectively, the "Bank Respondents").
The Court finds that notice was proper under the circumstances.
The Court finds that it . has jurisdiction over the parties and causes of action herein
pursuant to TEX. INS. CODE§ 443.105 and TEX. INS. CODE§ 443.108.
The Court finds that Application was verified as required by the Texas Rules of Civil
Procedure Application by the affidavit and certifications pursuant to TEX. INS. CODE §
443.017(b) of Susan E. Saleh, the designated representative of CANTILO & BENNETT, L.L.P.,
Special Deputy Receiver of Millenni_um Closing Services, L.L.C. d/b/a Millennium Title; the
ORDER GRANTING SDR APP FOR TRO [CARROLL] - MILLENNTIJM TITLE Page 1 of3
affidavit of Robert York, the Manager of Title Examinations at the Texas Department of
Insurance; and the affidavit of R. Wayne Johnson and the documents attached to their affidavits.
The Court finds that unless a temporary restraining order is issued the SDR would suffer
immediate and irreparable injury, loss, or damage to the receivership estate because property of
the estate could be transferred, concealed and/or dissipated and that this Order and a temporary
restraining order should issue before notice can be served and a hearing had thereon.
Having considered the Application, the exhibits, and the applicable law, the Court finds
that the SDR's Application for a Temporary Restraining Order should be granted.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED as follows:
1. The SDR's Application for a Temporary Restraining Order is GRANTED.
2. The Carroll Respondents, their owners (including, but not limited to, Nancy Jackson
Carroll and Shelby Carroll), affiliates (including, but not limited to, NJC Carroll Law,
PLLC d/b/a Integrity Title d/b/a Texas Title; Millennium 1031 Exchange Services,
LLC a/k/a Millennium Title 1031; MT &PS, LLC; ZAPP TRUST; Southwest Bank
Acquisitions, LP; SWBANKACQ, LLC.; and PSS Title), current and former officers,
trustees and directors, underwriters, managers, employees, agents, servants,
representatives, attorneys, adjusters and other persons or entities acting on their
behalf are hereby RESTRAINED and ENJOINED from 1) wasting, disposing of,
converting, dissipating, using, releasing, transferring, selling, assigning, canceling,
hypothecating, withdrawing, allowing to be withdrawn, offsetting, concealing, in any
manner, or removing from this Court's jurisdiction any property; and 2) doing
anything, directly or indirectly, to prevent the SDR from gaining access to, acquiring,
examining, or investigating any property, books, documents, records, or other
ORDER GRANTING SDR APP FOR TRO [CARROLL] - MILLENNIUM TITLE Page 2 of3
materials concerning the Carroll Respondent's business, wherever located, until
further order of this Court.
3. The Bank Respondents are hereby RESTRAINED and ENJOINED from wasting,
disposing of, converting, dissipating, using, releasing, transferring, selling, assigning,
canceling, hypothecating, withdrawing, allowing to be withdrawn, offsetting,
concealing, in any manner, or removing from this Court's jurisdiction any property
held for or on behalf of the Carroll Respondents until further order of this Court.
4. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to TEX.
INS. CODE §443.00S(m), no bond is required by the SDR to obtain injunctive relief.
5. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this matter is set
for hearing on the SDR's application for a temporary injunction on February lL. 2016
at the Travis County Civil District Courthouse at l,_:001_.m.
6. The Clerk of the Court is ORDERED to issue writs of injunction to 1) Nancy B.
Carroll a/k/a Nancy Jackson Carroll, a/k/a Nancy Carroll; 2) NJC Carroll Law, PLLC
d/b/a Integrity Title d/b/a Texas Title; 3) Millennium 1031 Exchange Services, LLC
a/k/a Millennium Title 1031; MT &PS, LLC; 5) ZAPP TRUST; 6) Southwest Bank
Acquisitions, LP; 7) SWBANKACQ, LLC.; 8) PSS Title; 9) Prosperity Bank; 10)
Independent Bank f/k/a Grand Bank; 11) Capitol One 360; and 12) Wells Fargo
Bank, N.A in compliance with the terms of this Order.
Signed on February 2- , 2016 at~:~ 5_.m.
GETIMSULAK
ORDER GRANTING SDR APP FOR TRO [CARROLL] - MILLENNIUM TITLE Page 3 of3
PROOF OF CLAIM EXPEDITED CLAIM PROO;SS
AFFlDAVIT FOR l~SCROW CLAIMS AGAINST MlLLENNJUM CLOSING SERVICES, LLC
Before me. the undersigned Notary Public, appeared the person whose name is subscribed hereto, who stated under oath: '·J have a claim against Escrow Funds held by Millennium Closing Services. LLC d/b/a Millennium Title, as follows:
CLAIMANT NAME: _E.ir&Eunrling Investments, .ln.G.. ______________ _
STREET ADDRESS: 2205 Martin Drive S11ite 200
CITY: Bedford
PHONf:(sl: WORK:. 817-267-4242
STATE: .J:.c.X __
HOME:
EMAIL ADDRESS: _CQg.Ulillll.@'taho.o.m.r:n.._
The details of my claim are us follows: A. I am claiming the amount of$ 240 000 DO
'
ZIP CODE: ....160"'2'-'1 __ _
CELL:
B. The Millennium Title G.F. File number is/was: ...1..50.1L..t.2n6Ji9-:..1u0L... ________ .
C. Address of the Property in the transaction is: ...:812.1,!.,5,_,8.1.:;!-W-'-'e;z;s,.t-"wwin.i\d"-"C"'O'-'u.urt-'----:::----:--;;c---::c-:----· __lo.lnrth Richland Hills County __IarranL State ....LT£oX ___ _ D. Date of the Real Estate Transaction: _,8.11./..,3..L1ul2"'0u1c;.5L..... ____ _ E. Relationship to Transaction (Buyer, Seller, Uenholder. etc.): --"'U"'e"-'n..Lh.t;O<.tld~e"'r!__ _________ _
F. Was the ESCROW CLAIM settled by Millennium Title? __~.sec;;s'---------------G. Purpose of ESCROW FUNDS held (Earnest money, repairs, etc.): pay-off of prior deed oUrusL __ H. Describe the nature of your claim and ATTACH ALL SUPPORTING DOCUMENTS: ___ _
see attached Exhibit "A" "" ___ _
NOTE: Failure to document your claim fullv may cause it to be delayed or rejected.
WITH THE EXCEPTION OF THE FOLLOWING, I ALONE AM ENTITLED TO FILE TI·IIS CLAIM, AND NO OTHERS HAVE ANY INTEREST HEREIN. (SHOW HERE THE NAME OF ANY PERSONS OR FIRMS WHO HAVE AN INTEREST IN THIS CLAIM AND STATE WHAT THEIR INTEREST IS. IF THERE ARE NO OTHERS WITH AN INTEREST. WRITE 'NONE.') .JN~O\.Ll'IN.~oE _________ _
I REPRESENT THAT I !lAVE REDUCED MY CLAIM BY·Ahl..Y RECOVERY OF FUNDS FROM ANY
THIRD PARTY // ~ ,-'/
The above statements are TRUE j}Jfd €QRRECT No part of the amnu clanned due has been pmd. and f have attached all documents and /rfualio (h~ } n' claim.'' [')
Signatllle of Claimant: --f_...,~-" V J--;
Printed Name and rille of Signatory- C~/41< L ,g;;s, £ l'tj ff7 1~1 ; .... -::.. .lii~~TO BEF9R)o MF.this02~dayc/'~Jnt(d7 2016.
I "''')Ci·· ROSALBAR ROSALEZ I I / / / (:b·~<:} 1•!\'COM~.I.:SIONI:XPIC!Ef, (/, '. uf//(Ai ~~ .... *.··l!.d;/;()# / "':.~:]·:,,:',.):~::-· March 1~!, 2018 :~-L:.~::f&:Jt:'f,4'.{;,~{-"' -- i ,, _ ~¥fl)(4~)<
L._..:;:;:,.="'"""""'==--· /Notary Public, State of Texas . /k) ' My Commission Expires: . -:z,f;,:"!. I IcY
All claim forms MUST be received or postmarked by the claim !11ing deadline. (Note: the .flling deadline has no! heen established.) Send claims to Texas Title Insurance Guaranty Assn., 500 W. 511
' St., STE 1150, Austin, TX 78701-3835, or by email to mJ.s:laiJJJ~'>Siilltlg<J .. Qcg.
1
Kasey LaRocca
From: Miles, Amy <[email protected]>Sent: Wednesday, March 02, 2016 1:26 PMTo: [email protected]: Hoffmann, AmandaSubject: Proof of Claim- Expedited Claim Process; Our file no. L77441Attachments: Proof of Claim - Expedited Claim Process.pdf
Categories: Red Category
Attached please find a Proof of Claim – Expedited Claim Process form completed by claimant, First Funding Investments, Inc. Should you require any additional information, please do not hesitate to contact our office. Regards, Amy Miles Litigation Paralegal Fidelity National Law Group Prestonwood Tower 5151 Beltline Road, Suite 410 Dallas, Texas 75254 972.812.6425 Direct Dial 972.812.9408 Facsimile [email protected] The Law Division of Alamo Title Insurance Co., Chicago Title Insurance Co., Commonwealth Land Title Insurance Company and Fidelity National Insurance Co. THIS ELECTRONIC MAIL MESSAGE AND ANY ATTACHMENTS ARE INTENDED ONLY FOR THE USE OF THE ADDRESSEE(S) NAMED ABOVE AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT AN INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THIS E‐MAIL TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU RECEIVED THIS E‐MAIL MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER BY REPLYING TO THIS MESSAGE OR BY TELEPHONE. THANK YOU.
NOTICE: The information contained in this message is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to: (i) delete the message and all copies; (ii) do not disclose, distribute or use the message in any manner; and (iii) notify the sender immediately.
8413 SPENCE COURT (NRH) BACK ON MARKET!!! « JawHomes.com
http://jawhomes.com/11/listings/drive-nrh-coming-last-week-of-january/ 3/24/2016
8413 SPENCE COURT (NRH) BACK ON MARKET!!! « JawHomes.com
http://jawhomes.com/11/listings/drive-nrh-coming-last-week-of-january/ 3/24/2016
