Preview
FILED
3/21/2024 1:37 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Miranda Lynch DEPUTY
CAUSE NO. DC-23-16575
TERESO ALMARAZ, MARIA LUISA DE § IN THE DISTRICT COURT OF
ALMARAZ, and CRUZ ALMARAZ,
Plaintiffs,
v. DALLAS COUNTY, TEXAS
CHRISTOPHER SCOTT, OFFICIAL
HOME SOLUTIONS LLC,
MR.CASHOFFER.COM LLC, NICK
HOCKMAN, HOCKMAN
MANAGEMENT LLC, NHS
INVESTMENTS, LLC, EVERYONE
WINS MANAGEMENT LLC, ERIC
OGLETREE, SHAWNA OGLETREE,
AUGUST REI, LLC, RELIANT TITLE
AGENCY, LLC, and RELIANT TITLE
USA, LLC,
Defendants. 101st JUDICIAL DISTRICT
MOTION FOR DEFAULT JUDGMENT AGAINST
RELIANT TITLE AGENCY, LLC, AND RELIANT TITLE USA, LLC
Plaintiffs Tereso Almaraz, Maria Luisa de Almaraz, and Cruz Almaraz (collectively
“Plaintiffs”) file this Motion for Default Judgment against Defendants Reliant Title Agency, LLC,
and Reliant Title USA, LLC (collectively, the “Reliant Defendants”) under Texas Rules of Civil
Procedure 239 and 239(a), and would respectfully show as follows:
DEFAULT IS PROPER
1 Plaintiffs filed their First Amended Original Petition and Application for Temporary
Restraining Order and Temporary Injunction on December 15, 2023. The amended petition added
the Reliant Defendants and asserted claims against them for trespass to trial title and negligence and
seeks damages from the Reliant Defendant as a result of their wrongful conduct with respect to
PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT PaGE1
Plaintiffs and their purchase of the property at 820 Chamberlain Street, Irving, Texas (the
“Property”).!
2 The Reliant Defendants were served with process on January 4, 2024. The return of
service has been on file with this Court for more than ten days, exclusive of the date of filing and the
date of this motion. To date, the Reliant Defendants have not filed an answer or other responsive
pleading. Thus, the Reliant Defendants have failed to appear and answer in this case within the time
allowed by law after being duly served with process. The Reliant Defendants are therefore currently
in default.
3 Defendant Reliant Title Agency, LLC’s last known address is: 6805 N. Capital of
Texas Hwy., Suite 240, Austin, Texas 78731-1723.
4,
Defendant Reliant Title USA, LLC’s last known address is 6805 N. Capital of Texas
Hwy., Suite 240, Austin, Texas 78731-1723. ?
5 Defendants are Texas Limited Liability Companies and, therefore, are not members
of the United States military.
LIABILITY AND DAMAGES
6 Plaintiff is entitled to a default judgment against the Reliant Defendants on liability
and damages.
7 Plaintiffs request actual damages in the amount of at least $87,477.89.4 Defendants’
negligence and/or other wrongful conduct caused damages of at least $87,477.89, consisting of
1 Attached as Exhibit “A” is a true and correct, file-marked copy of Plaintiffs’ First Amended Original Petition and
Application for Temporary Restraining Order and Temporary Injunction. Plaintiffs respectfully request that the Court
take judicial notice of this and the other documents referenced in this Motion that are on file with the Clerk of Court in
this case. Tex. R. Evid. 201; Sierad v. Barnett, 264 S.W.3d 471, 481 (Tex. App. — Dallas 2005, no pet.).
2 Attached as Exhibit “B” and Exhibit “C” are true and correct file-marked copies of the return of service for Defendants.
> Attached as Exhibit “D” is the Certificate of Last Known Address for Defendant.
4 Attached as Exhibit “E” is the Affidavit of Grant K. Schmidt.
PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT PAGE 2
payments made by Plaintiffs towards the home ownership. This amount is supported by the
declaration of Tereso Almaraz attached to the verified petition, as well as the documents produced
by Defendant Christopher Scott in this action, which demonstrate that: (1) at least $24,283.71 was
past due on the underlying mortgage as of October 15, 2017 when Defendants Shawna Ogletree
and/or Eric Ogletree sold the home to Plaintiffs. Funds paid by Plaintiffs upon closing of their
purchase of the Property were applied to this amount.
8 Additionally, Mr. Almaraz’s affidavit and records produced by defendants in this case
indicate that, as of October 17, 2023, Plaintiffs have paid an additional $61,208.18 towards the
underlying mortgage on the Property via regular monthly payments to August REI, which then passed
those payments along to the underlying mortgage holder. Plaintiffs have also paid a total of at least
$1,986 into the court registry since October 19, 2023. Plaintiffs have been harmed by a significantly
larger amount, which damages will be further supported by the testimony and documentary evidence
that will be submitted in the trial of this matter against the other Defendants, and Plaintiffs reserve
all rights to seek additional and further relief against all Defendants as the remaining claims are
presented to the Court.
PRAYER
Plaintiffs respectfully request that the Court enter a Default Judgment against Defendants
Reliant Title Agency, LLC, and Reliant Title USA, LLC and in favor of Plaintiffs:
a. awarding actual damages against Defendants Reliant Title Agency, LLC, and Reliant
Title USA, LLC, jointly and severally with all other Defendants shown to be liable by
judgment of this Court, along with costs of court (which, in total, is at least $87,477.89);
b. awarding pre-judgment and post-judgment interest at the maximum rate of interest
permitted by law;
PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT PAGE 3
c awarding reasonable and necessary attorney’s fees; and
d. granting all such other relief to which Plaintiffs are entitled at law or in equity.
Dated: March 21, 2024 Respectfully submitted,
/s/ Grant Schmidt
Grant Schmidt
Texas State Bar No. 24045964
Email: gschmidt@hilgersgraben.com
Telephone: 469-751-2819
Brad Monk
Texas State Bar No. 24077502
Email: bmonk@hilgersgraben.com
Telephone: 469-289-2751
Hannah Roberts
State Bar No. 24132280
Email: hroberts@hilgersgraben.com
Telephone: 203-807-4809
HILGERS GRABEN PLLC
7859 Walnut Hill Lane, Suite 335
Dallas, TX 75230
Facsimile: 402-413-1880
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I certify that the foregoing document was served upon all counsel of record through the
Court’s e-filing system on March 21, 2024.
/s/ Grant K. Schmidt
Grant K. Schmidt
PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT PAGE4
EXHIBIT A
FILED
12/15/2023 3:16 PM
FELICIA PITRE
2 CIT/ ESERVE DISTRICT CLERK
JURY DEMAND DALLAS CO., TEXAS
Cheryl Watts DEPUTY
CAUSE NO. DC-23-16575
TERESO ALMARAZ, MARIA LUISA DE § IN THE DISTRICT COURT OF
ALMARAZ, and CRUZ ALMARAZ,
Plaintiffs,
ve DALLAS COUNTY, TEXAS
CHRISTOPHER SCOTT, OFFICIAL
HOME SOLUTIONS LLC,
MR.CASHOFFER.COM LLC, NICK
HOCKMAN, HOCKMAN
MANAGEMENT LLC, NHS
INVESTMENTS, LLC, EVERYONE
WINS MANAGEMENT LLC, ERIC
OGLETREE, SHAWNA OGLETREE,
AUGUST REI, LLC, RELIANT TITLE
AGENCY, LLC, and RELIANT TITLE
USA, LLC
Defendants. 101st JUDICIAL DISTRICT
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION AND APPLICATION
FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION
Plaintiffs Tereso Almaraz, Maria Luisa de Almaraz, and Cruz Almaraz (collectively
“Plaintiffs” or “the Almaraz Family”) file this First Amended Original Petition and Application
for Temporary Restraining Order and Temporary Injunction against Defendants Chistopher Scott,
Official Home Solutions, LLC, Mr.CashOffer.Com LLC, Nick Hockman, Hockman Management
LLC, NHS Investments, LLC, Everyone Wins Management, LLC, Eric Ogletree, Shawna
Ogletree, August REI, LLC, Reliant Title Agency, LLC, and Reliant Title USA, LLC (collectively
“Defendants”). In support thereof, Plaintiffs respectfully show the Court as follows:
I DISCOVERY CONTROL PLAN
1 Plaintiffs plead for discovery under Level 2, pursuant to Tex. R. Civ. P. § 190.4.
Il. PARTIES
2 Plaintiffs Tereso Almaraz, Maria Luisa de Almaraz, and Cruz Almaraz are Texas
residents who live at and own 820 Chamberlain Street, Irving, Texas 75060.
3 Defendant Christopher Scott is a resident of Dallas, Texas, and owner of Official
Home Solutions LLC and Mr.CashOffer.Com LLC. Christopher Scott filed his Original Answer to
Plaintiffs’ Original Petition on October 31, 2023.
4 Defendant Official Home Solutions LLC is a Texas limited liability company with its
principal place of business at 1013 Woodcrest Drive, Lancaster, Texas 75134. Official Home
Solutions LLC filed its Original Answer to Plaintiffs’ Original Petition on October 31, 2023.
5 Defendant Mr.CashOffer.Com LLC a Texas limited liability company with its
principal place of business 325 N. Saint Paul St., Ste. 3100, Dallas, Texas 75201. Mr.CashOffer.Com
LLC filed its Original Answer to Plaintiffs’ Original Petition on October 31, 2023.
6. Defendant Nick Hockman is a resident of Irving, Texas. Defendant Hockman owns
and operates Hockman Management LLC and Everyone Wins Management LLC, and owns and
manages several rental properties in the Dallas and Irving areas. Nick Hockman filed his Original
Answer to Plaintiffs’ Original Petition on October 24, 2023.
7
Defendant Hockman Management LLC is a Texas limited liability company with its
principal place of business at 3327 Stovall St, Irving, TX 75061. Hockman Management LLC filed
its Original Answer to Plaintiffs’ Original Petition on October 24, 2023.
8 Defendant NHS Investments LLC is a Texas limited liability company with its
principal place of business at 3327 Stovall St, Irving, TX 75061. NHS Investments LLC filed its
Original Answer to Plaintiffs’ Original Petition on October 24, 2023.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 2
9. Defendant Everyone Wins Management LLC is a Texas limited liability company
with its principal place of business at 3327 Stovall St, Irving, TX 75061. Everyone Wins Management
LLC filed its Original Answer to Plaintiffs’ Original Petition on October 24, 2023.
10. Defendant Eric Ogletree is a resident of Irving, Texas. Mr. Ogletree has appeared in
this case by filing a Rule 91(a) Motion to Dismiss on October 6, 2023.
11. Defendant Shawna Ogletree is a resident of Irving, Texas. Ms. Ogletree was served
with a copy of Plaintiffs Original Petition and Application for Temporary Restraining Order and
Temporary Injunction on October 4, 2023, and filed her Original Answer and Cross-Claim against
Christopher Scott, Official Home Solutions LLC, and MrCashOffer.com LLC on November 24,
2023.
12. Defendant August Real Estate Investments, LLC, is a Texas limited liability company
with its principal place of business at 3960 Broadway Blvd., Ste. 107, Garland, Texas 75043. August
Real Estate Investments, LLC filed its Original Answer to Plaintiffs’ Original Petition on October
17, 2023.
13. Defendant Reliant Title Agency, LLC, is a Texas limited liability company with its
principal place of business at 15851 N. Dallas Parkway, Ste. 180, Addison, Texas 75001. On
information and belief, it can be served through its registered agent, National Registered Agents Inc.,
at 1999 Bryan St., Ste. 900, Dallas, Texas 75201.
14. Defendant Reliant Title USA, LLC, is a Texas limited liability company with its
principal place of business at 15851 N. Dallas Parkway, Ste. 180, Addison, Texas 75001. On
information and belief, it can be served through its registered agent, National Registered Agents Inc.,
at 1999 Bryan St., Ste. 900, Dallas, Texas 75201.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE3
il. JURISDICTION AND VENUE
15. This Court has jurisdiction and venue over the parties pursuant to §§ 15.002(a)(1) and
171.096 of the Texas Civil Practices and Remedies Code because several of the defendants, including
Defendant Official Home Solutions and Defendant Mr.CashOffer.Com have their principal place of
business in Dallas County, and are residents of Dallas County, Texas. Further the subject property
and the events or omissions giving rise to Plaintiffs’ claims against Defendants occurred in Dallas
County, Texas.
IV. FACTUAL BACKGROUND
2017 Home Purchase
16. In 2017, Plaintiffs Tereso Almaraz, Maria Luisa de Almaraz, and Cruz Almaraz
sought to purchase a home in Irving, Texas. (See Declaration of Tereso Almaraz, attached hereto as
Exhibit A.)
17. The Almaraz Family connected with Defendants Christopher Scott and Official Home
Solutions, LLC, to purchase a single-family home located at 820 Chamberlain Street, Irving, Texas
75060, as more particularly described in Exhibit C attached hereto (“the Property”).
18. On September 22, 2017, the Almaraz Family purchased the Property from Defendant
Official Home Solutions. (See Ex. A; see also the One to Four Family Residential Contract (attached
hereto as Exhibit B) (the “Purchase Contract”). On information and belief, Defendants Scott and
Official Home Solutions, LLC now operate as Defendant Mr.CashOffer.Com LLC.
19% In connection with the Almaraz Family’s purchase of the Property, they and several
defendants executed documentation establishing the chain of title from the Ogletree defendants to
Plaintiffs.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE4
20. The Purchase Contract identifies (a) Official Home Solutions LLC as the seller and
(b) Tereso Almaraz, Maria Almaraz, and Cruz Almaraz as the buyers.
21. The Purchase Contract identifies 820 Chamberlain as the address at issue.
22. Under Section 3 of the Purchase Contract, the sales price is listed as $130,000.00. The
cash paid at closing was listed as $29,000.00, and the sum of all financing was listed as $101,000.00.
23. Under Section 5 of the Purchase Contract, the Almaraz Family paid $3,000 in earnest
money.
24. Under Section 9 of the Purchase Contract, it states that the Almaraz Family will take
possession of the Property upon closing and funding. The Almaraz Family did in fact take possession
after closing.
25. Under Section 11 of the Purchase Contract, the Almaraz Family acknowledged the
underlying lien disclosure on the Property and stated that the “purchase of this home does not pay
off the underlying lien.”
26. In purchasing the subject property, the Almaraz Family signed a wraparound general
warranty deed with vendor’s lien and note.' (See wraparound general warranty deed with vendor’s
lien, attached hereto as Exhibit C, hereinafter “General Warranty Deed,” and Note, attached as
Exhibit D.)
27. The General Warranty Deed outlines that the Almaraz Family purchased the Property
from Defendant Official Home Solutions, but that Defendants Eric Ogletree and Shawna Ogletree,
who previously owned the Property, still had outstanding loans secured by the Property.
1 Both the Almaraz Family and Official Home Solutions closed their transaction by utilizing the services of attorney
Henry D. Lewis, who is deceased and to date is not a party to this action.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGES
28. There is also a Deed of Trust (attached hereto as Exhibit E) memorializing the
purchase and loan. The borrower is identified as Tereso Almaraz, Maria Luisa M De Almaraz, and
Cruz D. Almaraz, and the lender is identified as Official Home Solutions, LLC.
29. Despite utilizing the title services of attorney Henry Lewis and defendants Reliant
Title Agency, LLC and Reliant Title USA, LLC in connection with the purchase, neither the General
Warranty Deed nor the Deed of Trust were recorded in the register of deeds in Dallas County.
30. Along with the Deed of Trust is a “Due on Sale Clause Disclosure” (attached hereto
as Exhibit F). This form is signed by the Almaraz Family and Chris Scott. The Disclosure states:
“The transaction contemplated in this contract involves transferring title to the Property without
consent of the lender. Firstly, transfer of title conveys an ownership interest only and does not relieve
the Seller from liability to pay the note. Secondly, all parties declare they are aware that the Seller’s
deed of trust contains a ‘due on sale’ clause which permits the lien holder to declare the Seller’s note
due and payable in the event the property is transferred or sold . . . If the Lender(s) calls the Note(s)
due, Buyer may have only a short time to pay it.”
31. The Due on Sale Clause Disclosure then lists the underlying lien associated with Eric
Ogletree and Shawna Ogletree.
32. There is also an “Acknowledgement of the Buyer” (attached hereto as Exhibit G)
which identifies Official Home Solutions as the seller (and Tereso Almaraz and Maria Luisa Almaraz
as the buyers). This Acknowledgement includes provisions (similar to what is discussed above)
regarding the Underlying Lienholder and the Due-on-Sale provision.
33. The Almaraz Family was told that to complete the transaction, they would need to pay
the down payment of $29,000 plus take a loan in the amount of $101,000 for the portion of the
purchase price that was not paid in cash at closing. On information and believe, however, no funds
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 6
were actually paid to any party on account of the Almaraz Family, except to the extent funds paid on
a monthly basis after closing were transferred by August REI to certain third parties, including the
Scott Defendants and the underlying lender of the Property. Attached hereto as Exhibit H is the
Almaraz Family Uniform Residential Loan Application.
34. The alleged loan was serviced through Defendant August REI, LLC. See e.g. Ex. I
(Borrower Statement of Account) (showing payments starting in October 2017). See also Ex. J
(online account statement information showing the Almaraz Family’s August REI account as of July
5, 2023, with a remaining principal balance of $40,740.43.
35. Following the purchase of the Property in September 2017, the Almaraz Family has
continued to reside in the home and make monthly payments to August REI on the Property in the
amount of at least $1,700.00 per month (having paid over $60,000 on the property in monthly
payments overall plus the initial $29,000 down payment). See Ex. J.
36. At some point, the Ogletree Defendants and the Hockman Defendants were notified
that one or more payments on the underlying mortgage had been missed. Rather than contacting the
Almaraz Family, or the Scott Defendants, the Ogletree Defendants conspired with the Hockman
Defendants to sell the property to the Hockman Defendants. The Almaraz Family was at no point
notified of these alleged missed payments or even the fact that the underlying mortgage holder
claimed it had not been paid all amounts owed, and the Almaraz Family had no reason to know that
payments had not been made because they had made each payment to August REI on time each
month.
Prior Ownership of 820 Chamberlain
37. Defendants Eric Ogletree and Shawna Ogletree owned the Property prior to the
Almaraz Family. This is evidenced by some of the sale documents, which reference the Ogletrees”
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE7
prior ownership. (See, e.g., Due of Sale Clause Disclosure, attached as Exhibit F.) A deed in the
county records indicates that the Ogletrees purchased the Property in 1999 when they were married.
Defendant Eric Ogletree has since disclaimed ownership of Property, citing his divorce from
defendant Shawna Ogletree and the related divorce decree issued on March 5, 2014 by the 256th
District Court of Dallas County, Texas in Case No. DF-13-10972.
38. Pursuant to a contract dated as of August 26, 2017, Defendant Christopher Scott and
Defendant Official Home Solutions purchased the Property from Eric Ogletree and Shawna Ogletree
as sellers and Official Home Solutions, LLC as buyer. The contract and other closing documents
indicate that Shwana Ogletree received $1,500 in cash at closing, in addition to receiving the benefit
of the Almaraz Family’s down payment that presumably was applied to the past due amounts on the
underlying mortgage.
39. After purchasing the Property, Defendants Scott and Official Home Solutions flipped
the Property and sold it to the Almaraz Family via the September 22, 2017 transaction described
above.
40. Since their September 2017 purchase of the Property, the Almaraz Family has made
timely payments to August REI to reduce the alleged loan they took out for the purchase of the
Property. They have never received any notification from Defendants August REI that they are
delinquent on payments, and August REI has never informed the Almaraz family that Official Home
Solutions, the alleged lender to Plaintiffs, never disbursed funds that would necessitate the repayment
of a loan to be processed by August REI. Further, they have never received any notice that Defendants
Scott and Official Home Solutions had failed to make payments on the underlying mortgage or that
the Property may enter foreclosure or that the Ogletrees’ lender was calling any underlying note.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 8
Al. Defendant Eric Ogletree was aware that, at some point after the September 2017
purchase of the property, the underlying mortgage holder was claiming that additional amounts were
owed to it, and Eric Ogletree complained in a text message to Defendant Hockman that he was taking
“another hit on [his] credit score” as a result of the underlying mortgage holder allegedly not being
paid all amounts it was owed on the Ogletrees’ loan. Despite knowing that someone, which in all
likelihood was the Scott Defendants and/or August REI, was failing to make payments on the
underlying loan, at no point did Defendant Eric Ogletree notify the Almaraz Family of this fact.
42. According to text messages between Defendant Shawna Ogletree and Defendant
Hockman, Defendant Eric Ogletree “was.speakimg [sic] to [Hockman] about the house on
Chamberlain St.” in May 2023. As part of these discussions, Hockman stated that he would “check
with [the] title company.” The Ogletree Defendants were working with Hockman to sell the Property,
fully aware that it had already been sold to the Almaraz Family in 2017.
Attempted Eviction
43. On May 17, 2023, Defendant NHS Investments, LLC was granted a deed to the
property from Defendant Shawna Ogletree, it being the second time that Defendant Shawna Ogletree
had sold the same exact property. This time, she was paid $5,000 in cash from one or more of the
Hockman Defendants for this “sale” of the Property, plus the benefit of minimal additional funds
being paid to the underlying mortgage holder for the alleged missing payments.
44. For less than $15,000, Hockman received a deed to the Property from the record title
holder (Shawna Ogletree), and he quickly got to work to capitalize on this “investment.” On May
26, 2023, Defendants Nick Hockman and Everyone Wins Management LLC sent the Almaraz Family
a letter saying that the Property had been sold and that Defendant NHS Investments had been hired
to take over the management of the Property. See Letter attached hereto as Exhibit K.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE9
45. Defendant Nick Hockman came to the Property three additional times.
46. On August 8, 2023, the Almaraz Family received a notice on their door titled
“Landlord’s Three-Day Notice,” however, the notice stated the following: “You are hereby notified
that there is now due to the undersigned landlord the sum of $ N/A dollars being rent for the premises
situated in Irving County of Dallas and State of Texas described as follows: 820 Chamberlain St.,
Irving, TX 75060.” See Notice attached hereto as Exhibit L.
47. Defendants Nick Hockman, Hockman Management LLC, NHS Investments, LLC,
and Everyone Wins Management, LLC, were attempting to wrongfully evict the Almaraz Family
from the Property, after allegedly purchasing the Property from the Ogletree Defendants.
48. It was only after this notice that the Almaraz Family found out, despite purchasing the
Property in 2017 and paying all amounts it was required to pay to August REI for nearly six years,
that the deed they received from Official Home Solutions had not been filed in the county records.
Further, the deed evidencing the conveyance of the Property from the Ogletree Defendants to
Defendant Official Home Solutions had also not been recorded in the county records. Additionally,
no one had notified the Plaintiffs (as required) that the Property was allegedly facing foreclosure.
49. Therefore, the Property seemingly remained in one or more of the Ogletree
Defendants’ names until Defendant Hockman allegedly purchased the Property in 2023.
50. On information and belief, Defendant Hockman was aware of the Ogletrees’ prior
conveyance of the Property and the Almaraz Family’s 2017 purchase of the Property (or, at the very
least, was aware that the Ogletrees had conveyed the Property to another owner).
51. Prior to filing suit and obtaining a Temporary Injunction order prohibiting foreclosure
(among other things), the Almaraz Family, proud homeowners of the Property, had been facing an
eviction notice and significant confusion related to their rightful ownership of the Property.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 10
V. CAUSE OF ACTION FOR TRESPASS TO TRY TITLE
(Against All Defendants)
52. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein.
53. Pursuant to Tex. Prop. Code Ann. § 22.001, Plaintiffs bring this action for trespass to
try title because Defendants Hockman, Hockman Management LLC, NHS Investments, LLC, and
Everyone Wins Management LLC have attempted to unlawfully take possession of the Property to
which Plaintiffs have ownership and title.
54. On August 8, 2023, Defendants Nick Hockman, Hockman Management LLC, NHS
Investments, LLC, and Everyone Wins Management LLC attempted to initiate eviction proceedings
against Plaintiffs, alleging that they had a lawful right to the Property.
55. Plaintiffs have been in continuous possession of the Property, to the exclusion of all
others, for a period of over six years and together are the sole owners of the Property under Tex. Civ.
Prac. & Rem. Code § 16.024.
56. Pursuant to Tex. Civ. Prac. & Rem. Code § 16.024, a party is required to bring a suit
to recover real property held by another in peaceable and adverse possession under title or color of
title not later than three years after the day the cause of action accrues.
ie Because of the Scott Defendants’ conveyance of the Property to Plaintiffs in 2017, the
Almaraz Family has possessed the Property under title or color of title for a period of over six years.
58. Any cause of action that any of the Defendants could have had regarding the Property
first accrued in 2017 when the Property was sold to Plaintiffs.
59. Pursuant to the three-year statute of limitations in Tex. Civ. Prac. & Rem. Code §
16.024, Defendants have failed to timely bring an action to recover the property and are barred from
claiming the Property as their own.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 11
60. After the conveyance of the Property to Plaintiffs in 2017, the Almaraz Family visibly
appropriated and possessed the Property sufficient to give notice to Defendants.
61. Plaintiffs’ possession of the Property was peaceable.
62. Plaintiffs’ possession of the Property was under a claim of right hostile to the claim
of Shawna Ogletree (Chandler), the alleged title holder in early 2023 and NHS Investments, LLC
beginning on May 17, 2023.
63. Plaintiffs have continually resided at 820 Chamberlain Street, Irving, Texas, since
September 2017, a period of over six years. Since they purchased the Property in 2017 from
Defendants Scott and Official Home Solutions, LLC, Plaintiffs assert that they own the Property in
fee simple, subject only to the underlying mortgage of which they were aware when they purchased
the Property in 2017.
64. Defendants Eric Ogletree and Shawna Ogletree (Chandler) sought to sell the Property
to Defendant NHS Investments, LLC in May 2023 despite not having the right to do so given they
had already conveyed the Property to Defendants Scott and Official Home Solutions in 2017, and
were aware of the subsequent conveyance to Plaintiffs in connection with the payment of the past
due amounts on their underlying mortgage. Thus, Plaintiffs have legal and equitable title to the
Property and to the extent any of the Defendants (or any other person) seeks to challenge it, their
claims fail under a theory of adverse possession.
VI. CAUSE OF ACTION FOR FRAUD
(pleaded in the alternative to Trespass to Try Title)
(Against Defendants Scott, Official Home Solutions LLC, Mr.CashOffer.Com LLC)
65. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 12
66. In the event the Court finds that Plaintiffs are not entitled to record ownership of
Property, then Plaintiffs plead in the alternative that Defendants Scott and Official Home Solutions
made material, false representations to Plaintiffs to induce them to pay the entire purchase price for
the Property, falsely informed them that they owned the Property, and falsely informed them that
Official Home Solutions was the “lender” on their loan to purchase the Property and make monthly
payments to August REI.
67. Plaintiffs also plead in the alternative that, to perpetuate the scheme against Plaintiffs,
the Scott Defendants failed to file or cause to be filed in the county records the warranty deed and
other writings evidencing the conveyance of title to the Property to the Almaraz Family.
68. Defendants Scott and Official Home Solutions have continued to receive monthly
payments from Plaintiffs through Defendant August REI (over $60,000 on the property in monthly
payments overall plus the initial $29,000 down payment) despite having not filed and/or recorded
the warranty deed or other writings evidencing the proper ownership of the Property.
69. Moreover, Defendant August REI LLC has serviced the alleged “loan” Plaintiffs took
out for the purchase of the Property, even though no party advanced funds to or on behalf of Plaintiffs
in connection with their purchase or attempted purchase of the Property. As such, no “loan” exists
and August REI has continued to service a loan that does not exist and has continued to require
repayment by Plaintiffs despite the nonexistence of any loan or funds advanced on behalf of
Plaintiffs. Rather, any funds that have been advanced in connection with the purchase of the Property
by Plaintiffs are funds advanced by Plaintiffs on a monthly basis to the benefit of August REI and
the Scott Defendants.
70. To the extent the Court finds that Plaintiffs do not hold legal title to the Property,
Plaintiffs plead in the alternative that Defendants Scott and Official Home Solutions made these
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 13
material, false representations to Plaintiffs and that they either knew the representations were false
at the time they made them or they made the representation recklessly, as a positive assertion, and
without knowledge of its truth.
71. Defendants Scott and Official Home Solutions made these representations with the
intent that Plaintiffs act on it by executing the contracts and paying Defendants Scott and Official
Home Solutions.
72. Plaintiffs justifiably relied on these statements by Scott and Official Home Solutions
(as evidenced by their signing of the Purchase Contract and related documents), and those
representations caused significant harm to Plaintiffs given they put a significant amount of equity
into the Property.
723. As a result of Defendants’ deceptive actions and fraud, Plaintiffs paid more than
$60,000 in monthly installments (plus a $29,000.00 down payment, taxes, insurance payments, etc.),
while not even owning the Property the Scott Defendants induced them to purchase and which has
been their residence continuously since 2017.
74. As a further result of Defendants’ deceptive actions and fraud, Plaintiffs have suffered
irreparable harm for which injunctive relief is necessary, in addition to monetary damages.
Vit. CAUSE OF ACTION FOR FRAUDULENT INDUCEMENT
(pleaded in the alternative to Trespass to Try Title)
(Against Defendants Scott, Official Home Solutions LLC, Mr.CashOffer.Com LLC)
75. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein.
76. In the event the Court finds that Plaintiffs are not entitled to record ownership of
Property, then Plaintiffs plead in the alternative that Defendants Scott and Official Home Solutions
made material, false representations to Plaintiffs that they owned the Property and accepted a note in
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 14
the amount of $101,000 from the Almaraz Family as evidence of an alleged loan that did not exist
for the purchase of the Property. In connection with their deception, the Scott Defendants also failed
to file the warranty deed and other writings evidencing conveyance of title to the Almaraz Family.
On information and belief, Defendants Scott and Official Home Solutions have continued to receive
monthly installment payments from Plaintiffs through Defendant August REI (over $60,000 on the
property in monthly payments overall plus the initial $29,000 down payment) despite the
nonexistence of the loan allegedly owed to Official Homes Solutions or any related advancement of
funds on behalf of Plaintiff and having not filed the warranty deed or deed of trust in the county
records.
77. If Plaintiffs do not own the Property, not only did Defendants Scott and Official Home
Solutions make these material, false representations to Plaintiffs, they either knew the representations
were false at the time they made them or they made the representation recklessly, as a positive
assertion, and without knowledge of its truth.
78. Defendants Scott and Official Home Solutions made these representations with the
intent that Plaintiffs act on it by executing the contracts and paying Defendants Scott and Official
Home Solutions.
79. Plaintiffs justifiably relied on these statements by Scott and Official Home Solutions
(as evidenced by their signing of the Purchase Contract and related documents), and those
representations caused significant harm to Plaintiffs given they put a significant amount of money
towards the purchase and improvement of the Property under the impression that they were the
beneficiaries of having significant equity in the Property.
80. As a result of Defendants’ deceptive actions and fraud, Plaintiffs have made over
$60,000 in monthly installment payments (plus a $29,000.00 down payment, taxes, insurance
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 15
payments, etc.) towards a loan that does not exist, on a property they allegedly do not have legal right
to, despite having completed all of the necessary documentation for purchasing the Property, having
lived at the Property since 2017, and having never abandoned the Property.
81. As a further result of Defendants’ deceptive actions and fraud, Plaintiffs have suffered
irreparable harm for which injunctive relief is necessary, in addition to monetary damages.
Vill. CAUSE OF ACTION FOR BREACH OF CONTRACT
(pleaded in the alternative to Trespass to Try Title)
(Against Defendants Scott, Official Home Solutions, and Mr.CashOffer.Com LLC)
82. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein.
83. The Purchase Agreement between Plaintiffs and Defendants Scott and Official Home
Solutions is a valid and enforceable agreement. Plaintiffs performed their obligations under the
agreement to secure good title to the Property and have performed all related obligations thereto,
including by making monthly payments on the loan they secured to purchase the Property.
84. The Purchase Agreement and warranty deed evidence a conveyance of the Property
from Official Homes Solutions, LLC to the Almaraz Family. However, Defendants Scott and Official
Home Solutions either failed to record the required paperwork with the register of deeds, including
any deeds or contracts Scott or Official Home Solutions obtained from the Ogletrees, along with the
warranty deed and deed of trust evidencing the sale between Official Home Solutions to the Almaraz
Family. As a result, a cloud on title exists such that Plaintiffs may not end up having legal title to the
Property. If the Court determines legal title is in any name other than Plaintiffs, Defendants Scott and
Official Home Solutions breached the Purchase Agreement and deed by failing to convey title to
Plaintiffs as stated therein.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 16
85. Additionally, under the terms of the Purchase Agreement (including, but not limited
to, the Acknowledgement of the Buyer (and Sections 11 and 12 of same), which was executed in
tandem with the Purchase Agreement), Defendants Scott and Official Home Solutions were required
to notify Plaintiffs of any potential foreclosure and allow the Almaraz Family the opportunity to
make a payment to avoid such foreclosure. At no time did Defendants Scott and Official Home
Solutions ever notify the Almaraz Family that the property may be foreclosed on or sold to another
buyer.
86. As a result of Defendants Scott and Official Home Solutions’ breach, Plaintiffs have
suffered irreparable harm for which injunctive relief and specific performance are necessary, in
addition to monetary damages.
IX. CAUSE OF ACTION FOR UNJUST ENRICHMENT
(pleaded in the alternative to Fraud)
(Against Defendants Eric Ogletree, Shawna Ogletree, Scott, Official Home Solutions,
and Mr.CashOffer.Com LLC)
87. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein.
88. In either August or September 2017, the Ogletree Defendants conveyed the Property
to Defendants Scott and Official Home Solutions, which then conveyed the Property to the Almaraz
Family via a general warranty deed. The Almaraz Family advanced a significant amount of funds to
cover a payment to Shawna Ogletree for her sale of the property to Official Home Solutions, and
both Ogletree Defendants received the benefit of the Almaraz Family’s payment towards the unpaid
amounts due and owing on the underlying mortgage.
89. In total, Plaintiffs made a $29,000 cash payment in connection with the closing on the
purchase of the Property, and on information and belief, all of those funds were distributed to one or
more of the Scott Defendants, Shawna Ogletree, and the underlying mortgage on behalf of both
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 17
Ogletree defendants. Since then, Plaintiffs have continually made monthly installment payments
toward the underlying mortgage on the Property, and the Ogletree’s obligations to their underlying
mortgage holder have been reduced significantly as a result of Plaintiffs’ payments. Notwithstanding
these payments made to them or on their behalf, Shawna Ogletree sold the Property again to one of
the Hockman Defendants in May 2023. The Ogletree Defendants were aware that Plaintiffs had
already purchased the home 2017 and resided in the home but proceeded with selling the Property a
second time.
90. The Ogletree Defendants were unjustly enriched by the downpayment of $29,000
made by Plaintiffs in 2017 and in the more than $60,000 in monthly installment payments that have
been made by Plaintiffs towards the payment of interest and reduction in principal owed by the
Ogletree defendants on the underlying mortgage.
91. As a result of the Ogletree Defendants’ unjust enrichment, Plaintiffs have suffered
irreparable harm for which injunctive relief is necessary, in addition to monetary damages.
92. Additionally, Defendants Scott, Official Home Solutions, and Mr.CashOffer.com
have been unjustly enriched by receiving the excess payments each month (in addition to the amounts
they collected when the Almaraz Family purchased the Property) — all amounts to which they were
not entitled.
X. CAUSE OF ACTION FOR NEGLIGENCE
(Against August REI LLC)
93. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein.
94. Defendant August REI services the alleged $101,000 loan that was made by Official
Home Solutions to Plaintiffs for the purchase of the Property in 2017. In reality, no loan exists
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 18
because no funds were advanced by any party in connection the Plaintiffs’ purchase of the Property,
other than funds paid by Plaintiffs.
95. August REI had a duty to the Almaraz Family in their role as a loan servicer to confirm
that funds were actually advanced on behalf of the party obligated to repay a loan. Here, no funds
were advanced on behalf of Plaintiffs; rather, Plaintiffs supplied all cash to close on the purchase of
the Property and made monthly installment payments that were then redistributed by August REI to
the underlying mortgage holder and/or to one or more of the Scott Defendants.
96. Moreover, and prior to agreeing to service the loan (and prior to asking Chris Scott
and Official Home Solutions to sign the Loan Service Agreement), August REI owed a duty to
Plaintiffs to confirm that the alleged lender or payee of the “loan” had actually conveyed the Property
to Plaintiffs as stated in the documentation supporting the loan service agreements. August REI
breached this duty by never confirming that Defendants Chris Scott and/or Official Home Solutions
had record title to the Property such that they could sell the Property to Plaintiffs and collect funds
from Plaintiffs pursuant to a loan that was allegedly made to purchase the Property.
97. August REI never confirmed that Chris Scott and/or Official Home Solutions even
had a right to accept money from the Almaraz Family.
98. In addition, August REI owed a duty to the Almaraz Family to properly disburse the
funds it received from the Almaraz family to the underlying mortgage holder, Midland Mortgage.
Apparently, August REI failed to do so, considering a deficiency in the underlying mortgage
allegedly occurred in early 2023, which prompted the Ogletree defendants to sell the property for a
2" time to one or more of the Hockman defendants.
99. August REI’s breach caused the Almaraz Family significant harm. Had August REI
checked the title to the Property, confirmed that funds were actually advanced by the “lender” on the
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 19
“Joan” for the purchase of the Property, August REI would have learned of the defi
Preview
FILED 3/21/2024 1:37 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Miranda Lynch DEPUTY CAUSE NO. DC-23-16575 TERESO ALMARAZ, MARIA LUISA DE § IN THE DISTRICT COURT OF ALMARAZ, and CRUZ ALMARAZ, Plaintiffs, v. DALLAS COUNTY, TEXAS CHRISTOPHER SCOTT, OFFICIAL HOME SOLUTIONS LLC, MR.CASHOFFER.COM LLC, NICK HOCKMAN, HOCKMAN MANAGEMENT LLC, NHS INVESTMENTS, LLC, EVERYONE WINS MANAGEMENT LLC, ERIC OGLETREE, SHAWNA OGLETREE, AUGUST REI, LLC, RELIANT TITLE AGENCY, LLC, and RELIANT TITLE USA, LLC, Defendants. 101st JUDICIAL DISTRICT MOTION FOR DEFAULT JUDGMENT AGAINST RELIANT TITLE AGENCY, LLC, AND RELIANT TITLE USA, LLC Plaintiffs Tereso Almaraz, Maria Luisa de Almaraz, and Cruz Almaraz (collectively “Plaintiffs”) file this Motion for Default Judgment against Defendants Reliant Title Agency, LLC, and Reliant Title USA, LLC (collectively, the “Reliant Defendants”) under Texas Rules of Civil Procedure 239 and 239(a), and would respectfully show as follows: DEFAULT IS PROPER 1 Plaintiffs filed their First Amended Original Petition and Application for Temporary Restraining Order and Temporary Injunction on December 15, 2023. The amended petition added the Reliant Defendants and asserted claims against them for trespass to trial title and negligence and seeks damages from the Reliant Defendant as a result of their wrongful conduct with respect to PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT PaGE1 Plaintiffs and their purchase of the property at 820 Chamberlain Street, Irving, Texas (the “Property”).! 2 The Reliant Defendants were served with process on January 4, 2024. The return of service has been on file with this Court for more than ten days, exclusive of the date of filing and the date of this motion. To date, the Reliant Defendants have not filed an answer or other responsive pleading. Thus, the Reliant Defendants have failed to appear and answer in this case within the time allowed by law after being duly served with process. The Reliant Defendants are therefore currently in default. 3 Defendant Reliant Title Agency, LLC’s last known address is: 6805 N. Capital of Texas Hwy., Suite 240, Austin, Texas 78731-1723. 4, Defendant Reliant Title USA, LLC’s last known address is 6805 N. Capital of Texas Hwy., Suite 240, Austin, Texas 78731-1723. ? 5 Defendants are Texas Limited Liability Companies and, therefore, are not members of the United States military. LIABILITY AND DAMAGES 6 Plaintiff is entitled to a default judgment against the Reliant Defendants on liability and damages. 7 Plaintiffs request actual damages in the amount of at least $87,477.89.4 Defendants’ negligence and/or other wrongful conduct caused damages of at least $87,477.89, consisting of 1 Attached as Exhibit “A” is a true and correct, file-marked copy of Plaintiffs’ First Amended Original Petition and Application for Temporary Restraining Order and Temporary Injunction. Plaintiffs respectfully request that the Court take judicial notice of this and the other documents referenced in this Motion that are on file with the Clerk of Court in this case. Tex. R. Evid. 201; Sierad v. Barnett, 264 S.W.3d 471, 481 (Tex. App. — Dallas 2005, no pet.). 2 Attached as Exhibit “B” and Exhibit “C” are true and correct file-marked copies of the return of service for Defendants. > Attached as Exhibit “D” is the Certificate of Last Known Address for Defendant. 4 Attached as Exhibit “E” is the Affidavit of Grant K. Schmidt. PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT PAGE 2 payments made by Plaintiffs towards the home ownership. This amount is supported by the declaration of Tereso Almaraz attached to the verified petition, as well as the documents produced by Defendant Christopher Scott in this action, which demonstrate that: (1) at least $24,283.71 was past due on the underlying mortgage as of October 15, 2017 when Defendants Shawna Ogletree and/or Eric Ogletree sold the home to Plaintiffs. Funds paid by Plaintiffs upon closing of their purchase of the Property were applied to this amount. 8 Additionally, Mr. Almaraz’s affidavit and records produced by defendants in this case indicate that, as of October 17, 2023, Plaintiffs have paid an additional $61,208.18 towards the underlying mortgage on the Property via regular monthly payments to August REI, which then passed those payments along to the underlying mortgage holder. Plaintiffs have also paid a total of at least $1,986 into the court registry since October 19, 2023. Plaintiffs have been harmed by a significantly larger amount, which damages will be further supported by the testimony and documentary evidence that will be submitted in the trial of this matter against the other Defendants, and Plaintiffs reserve all rights to seek additional and further relief against all Defendants as the remaining claims are presented to the Court. PRAYER Plaintiffs respectfully request that the Court enter a Default Judgment against Defendants Reliant Title Agency, LLC, and Reliant Title USA, LLC and in favor of Plaintiffs: a. awarding actual damages against Defendants Reliant Title Agency, LLC, and Reliant Title USA, LLC, jointly and severally with all other Defendants shown to be liable by judgment of this Court, along with costs of court (which, in total, is at least $87,477.89); b. awarding pre-judgment and post-judgment interest at the maximum rate of interest permitted by law; PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT PAGE 3 c awarding reasonable and necessary attorney’s fees; and d. granting all such other relief to which Plaintiffs are entitled at law or in equity. Dated: March 21, 2024 Respectfully submitted, /s/ Grant Schmidt Grant Schmidt Texas State Bar No. 24045964 Email: gschmidt@hilgersgraben.com Telephone: 469-751-2819 Brad Monk Texas State Bar No. 24077502 Email: bmonk@hilgersgraben.com Telephone: 469-289-2751 Hannah Roberts State Bar No. 24132280 Email: hroberts@hilgersgraben.com Telephone: 203-807-4809 HILGERS GRABEN PLLC 7859 Walnut Hill Lane, Suite 335 Dallas, TX 75230 Facsimile: 402-413-1880 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I certify that the foregoing document was served upon all counsel of record through the Court’s e-filing system on March 21, 2024. /s/ Grant K. Schmidt Grant K. Schmidt PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT PAGE4 EXHIBIT A FILED 12/15/2023 3:16 PM FELICIA PITRE 2 CIT/ ESERVE DISTRICT CLERK JURY DEMAND DALLAS CO., TEXAS Cheryl Watts DEPUTY CAUSE NO. DC-23-16575 TERESO ALMARAZ, MARIA LUISA DE § IN THE DISTRICT COURT OF ALMARAZ, and CRUZ ALMARAZ, Plaintiffs, ve DALLAS COUNTY, TEXAS CHRISTOPHER SCOTT, OFFICIAL HOME SOLUTIONS LLC, MR.CASHOFFER.COM LLC, NICK HOCKMAN, HOCKMAN MANAGEMENT LLC, NHS INVESTMENTS, LLC, EVERYONE WINS MANAGEMENT LLC, ERIC OGLETREE, SHAWNA OGLETREE, AUGUST REI, LLC, RELIANT TITLE AGENCY, LLC, and RELIANT TITLE USA, LLC Defendants. 101st JUDICIAL DISTRICT PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION AND APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION Plaintiffs Tereso Almaraz, Maria Luisa de Almaraz, and Cruz Almaraz (collectively “Plaintiffs” or “the Almaraz Family”) file this First Amended Original Petition and Application for Temporary Restraining Order and Temporary Injunction against Defendants Chistopher Scott, Official Home Solutions, LLC, Mr.CashOffer.Com LLC, Nick Hockman, Hockman Management LLC, NHS Investments, LLC, Everyone Wins Management, LLC, Eric Ogletree, Shawna Ogletree, August REI, LLC, Reliant Title Agency, LLC, and Reliant Title USA, LLC (collectively “Defendants”). In support thereof, Plaintiffs respectfully show the Court as follows: I DISCOVERY CONTROL PLAN 1 Plaintiffs plead for discovery under Level 2, pursuant to Tex. R. Civ. P. § 190.4. Il. PARTIES 2 Plaintiffs Tereso Almaraz, Maria Luisa de Almaraz, and Cruz Almaraz are Texas residents who live at and own 820 Chamberlain Street, Irving, Texas 75060. 3 Defendant Christopher Scott is a resident of Dallas, Texas, and owner of Official Home Solutions LLC and Mr.CashOffer.Com LLC. Christopher Scott filed his Original Answer to Plaintiffs’ Original Petition on October 31, 2023. 4 Defendant Official Home Solutions LLC is a Texas limited liability company with its principal place of business at 1013 Woodcrest Drive, Lancaster, Texas 75134. Official Home Solutions LLC filed its Original Answer to Plaintiffs’ Original Petition on October 31, 2023. 5 Defendant Mr.CashOffer.Com LLC a Texas limited liability company with its principal place of business 325 N. Saint Paul St., Ste. 3100, Dallas, Texas 75201. Mr.CashOffer.Com LLC filed its Original Answer to Plaintiffs’ Original Petition on October 31, 2023. 6. Defendant Nick Hockman is a resident of Irving, Texas. Defendant Hockman owns and operates Hockman Management LLC and Everyone Wins Management LLC, and owns and manages several rental properties in the Dallas and Irving areas. Nick Hockman filed his Original Answer to Plaintiffs’ Original Petition on October 24, 2023. 7 Defendant Hockman Management LLC is a Texas limited liability company with its principal place of business at 3327 Stovall St, Irving, TX 75061. Hockman Management LLC filed its Original Answer to Plaintiffs’ Original Petition on October 24, 2023. 8 Defendant NHS Investments LLC is a Texas limited liability company with its principal place of business at 3327 Stovall St, Irving, TX 75061. NHS Investments LLC filed its Original Answer to Plaintiffs’ Original Petition on October 24, 2023. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 2 9. Defendant Everyone Wins Management LLC is a Texas limited liability company with its principal place of business at 3327 Stovall St, Irving, TX 75061. Everyone Wins Management LLC filed its Original Answer to Plaintiffs’ Original Petition on October 24, 2023. 10. Defendant Eric Ogletree is a resident of Irving, Texas. Mr. Ogletree has appeared in this case by filing a Rule 91(a) Motion to Dismiss on October 6, 2023. 11. Defendant Shawna Ogletree is a resident of Irving, Texas. Ms. Ogletree was served with a copy of Plaintiffs Original Petition and Application for Temporary Restraining Order and Temporary Injunction on October 4, 2023, and filed her Original Answer and Cross-Claim against Christopher Scott, Official Home Solutions LLC, and MrCashOffer.com LLC on November 24, 2023. 12. Defendant August Real Estate Investments, LLC, is a Texas limited liability company with its principal place of business at 3960 Broadway Blvd., Ste. 107, Garland, Texas 75043. August Real Estate Investments, LLC filed its Original Answer to Plaintiffs’ Original Petition on October 17, 2023. 13. Defendant Reliant Title Agency, LLC, is a Texas limited liability company with its principal place of business at 15851 N. Dallas Parkway, Ste. 180, Addison, Texas 75001. On information and belief, it can be served through its registered agent, National Registered Agents Inc., at 1999 Bryan St., Ste. 900, Dallas, Texas 75201. 14. Defendant Reliant Title USA, LLC, is a Texas limited liability company with its principal place of business at 15851 N. Dallas Parkway, Ste. 180, Addison, Texas 75001. On information and belief, it can be served through its registered agent, National Registered Agents Inc., at 1999 Bryan St., Ste. 900, Dallas, Texas 75201. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE3 il. JURISDICTION AND VENUE 15. This Court has jurisdiction and venue over the parties pursuant to §§ 15.002(a)(1) and 171.096 of the Texas Civil Practices and Remedies Code because several of the defendants, including Defendant Official Home Solutions and Defendant Mr.CashOffer.Com have their principal place of business in Dallas County, and are residents of Dallas County, Texas. Further the subject property and the events or omissions giving rise to Plaintiffs’ claims against Defendants occurred in Dallas County, Texas. IV. FACTUAL BACKGROUND 2017 Home Purchase 16. In 2017, Plaintiffs Tereso Almaraz, Maria Luisa de Almaraz, and Cruz Almaraz sought to purchase a home in Irving, Texas. (See Declaration of Tereso Almaraz, attached hereto as Exhibit A.) 17. The Almaraz Family connected with Defendants Christopher Scott and Official Home Solutions, LLC, to purchase a single-family home located at 820 Chamberlain Street, Irving, Texas 75060, as more particularly described in Exhibit C attached hereto (“the Property”). 18. On September 22, 2017, the Almaraz Family purchased the Property from Defendant Official Home Solutions. (See Ex. A; see also the One to Four Family Residential Contract (attached hereto as Exhibit B) (the “Purchase Contract”). On information and belief, Defendants Scott and Official Home Solutions, LLC now operate as Defendant Mr.CashOffer.Com LLC. 19% In connection with the Almaraz Family’s purchase of the Property, they and several defendants executed documentation establishing the chain of title from the Ogletree defendants to Plaintiffs. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE4 20. The Purchase Contract identifies (a) Official Home Solutions LLC as the seller and (b) Tereso Almaraz, Maria Almaraz, and Cruz Almaraz as the buyers. 21. The Purchase Contract identifies 820 Chamberlain as the address at issue. 22. Under Section 3 of the Purchase Contract, the sales price is listed as $130,000.00. The cash paid at closing was listed as $29,000.00, and the sum of all financing was listed as $101,000.00. 23. Under Section 5 of the Purchase Contract, the Almaraz Family paid $3,000 in earnest money. 24. Under Section 9 of the Purchase Contract, it states that the Almaraz Family will take possession of the Property upon closing and funding. The Almaraz Family did in fact take possession after closing. 25. Under Section 11 of the Purchase Contract, the Almaraz Family acknowledged the underlying lien disclosure on the Property and stated that the “purchase of this home does not pay off the underlying lien.” 26. In purchasing the subject property, the Almaraz Family signed a wraparound general warranty deed with vendor’s lien and note.' (See wraparound general warranty deed with vendor’s lien, attached hereto as Exhibit C, hereinafter “General Warranty Deed,” and Note, attached as Exhibit D.) 27. The General Warranty Deed outlines that the Almaraz Family purchased the Property from Defendant Official Home Solutions, but that Defendants Eric Ogletree and Shawna Ogletree, who previously owned the Property, still had outstanding loans secured by the Property. 1 Both the Almaraz Family and Official Home Solutions closed their transaction by utilizing the services of attorney Henry D. Lewis, who is deceased and to date is not a party to this action. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGES 28. There is also a Deed of Trust (attached hereto as Exhibit E) memorializing the purchase and loan. The borrower is identified as Tereso Almaraz, Maria Luisa M De Almaraz, and Cruz D. Almaraz, and the lender is identified as Official Home Solutions, LLC. 29. Despite utilizing the title services of attorney Henry Lewis and defendants Reliant Title Agency, LLC and Reliant Title USA, LLC in connection with the purchase, neither the General Warranty Deed nor the Deed of Trust were recorded in the register of deeds in Dallas County. 30. Along with the Deed of Trust is a “Due on Sale Clause Disclosure” (attached hereto as Exhibit F). This form is signed by the Almaraz Family and Chris Scott. The Disclosure states: “The transaction contemplated in this contract involves transferring title to the Property without consent of the lender. Firstly, transfer of title conveys an ownership interest only and does not relieve the Seller from liability to pay the note. Secondly, all parties declare they are aware that the Seller’s deed of trust contains a ‘due on sale’ clause which permits the lien holder to declare the Seller’s note due and payable in the event the property is transferred or sold . . . If the Lender(s) calls the Note(s) due, Buyer may have only a short time to pay it.” 31. The Due on Sale Clause Disclosure then lists the underlying lien associated with Eric Ogletree and Shawna Ogletree. 32. There is also an “Acknowledgement of the Buyer” (attached hereto as Exhibit G) which identifies Official Home Solutions as the seller (and Tereso Almaraz and Maria Luisa Almaraz as the buyers). This Acknowledgement includes provisions (similar to what is discussed above) regarding the Underlying Lienholder and the Due-on-Sale provision. 33. The Almaraz Family was told that to complete the transaction, they would need to pay the down payment of $29,000 plus take a loan in the amount of $101,000 for the portion of the purchase price that was not paid in cash at closing. On information and believe, however, no funds PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 6 were actually paid to any party on account of the Almaraz Family, except to the extent funds paid on a monthly basis after closing were transferred by August REI to certain third parties, including the Scott Defendants and the underlying lender of the Property. Attached hereto as Exhibit H is the Almaraz Family Uniform Residential Loan Application. 34. The alleged loan was serviced through Defendant August REI, LLC. See e.g. Ex. I (Borrower Statement of Account) (showing payments starting in October 2017). See also Ex. J (online account statement information showing the Almaraz Family’s August REI account as of July 5, 2023, with a remaining principal balance of $40,740.43. 35. Following the purchase of the Property in September 2017, the Almaraz Family has continued to reside in the home and make monthly payments to August REI on the Property in the amount of at least $1,700.00 per month (having paid over $60,000 on the property in monthly payments overall plus the initial $29,000 down payment). See Ex. J. 36. At some point, the Ogletree Defendants and the Hockman Defendants were notified that one or more payments on the underlying mortgage had been missed. Rather than contacting the Almaraz Family, or the Scott Defendants, the Ogletree Defendants conspired with the Hockman Defendants to sell the property to the Hockman Defendants. The Almaraz Family was at no point notified of these alleged missed payments or even the fact that the underlying mortgage holder claimed it had not been paid all amounts owed, and the Almaraz Family had no reason to know that payments had not been made because they had made each payment to August REI on time each month. Prior Ownership of 820 Chamberlain 37. Defendants Eric Ogletree and Shawna Ogletree owned the Property prior to the Almaraz Family. This is evidenced by some of the sale documents, which reference the Ogletrees” PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE7 prior ownership. (See, e.g., Due of Sale Clause Disclosure, attached as Exhibit F.) A deed in the county records indicates that the Ogletrees purchased the Property in 1999 when they were married. Defendant Eric Ogletree has since disclaimed ownership of Property, citing his divorce from defendant Shawna Ogletree and the related divorce decree issued on March 5, 2014 by the 256th District Court of Dallas County, Texas in Case No. DF-13-10972. 38. Pursuant to a contract dated as of August 26, 2017, Defendant Christopher Scott and Defendant Official Home Solutions purchased the Property from Eric Ogletree and Shawna Ogletree as sellers and Official Home Solutions, LLC as buyer. The contract and other closing documents indicate that Shwana Ogletree received $1,500 in cash at closing, in addition to receiving the benefit of the Almaraz Family’s down payment that presumably was applied to the past due amounts on the underlying mortgage. 39. After purchasing the Property, Defendants Scott and Official Home Solutions flipped the Property and sold it to the Almaraz Family via the September 22, 2017 transaction described above. 40. Since their September 2017 purchase of the Property, the Almaraz Family has made timely payments to August REI to reduce the alleged loan they took out for the purchase of the Property. They have never received any notification from Defendants August REI that they are delinquent on payments, and August REI has never informed the Almaraz family that Official Home Solutions, the alleged lender to Plaintiffs, never disbursed funds that would necessitate the repayment of a loan to be processed by August REI. Further, they have never received any notice that Defendants Scott and Official Home Solutions had failed to make payments on the underlying mortgage or that the Property may enter foreclosure or that the Ogletrees’ lender was calling any underlying note. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 8 Al. Defendant Eric Ogletree was aware that, at some point after the September 2017 purchase of the property, the underlying mortgage holder was claiming that additional amounts were owed to it, and Eric Ogletree complained in a text message to Defendant Hockman that he was taking “another hit on [his] credit score” as a result of the underlying mortgage holder allegedly not being paid all amounts it was owed on the Ogletrees’ loan. Despite knowing that someone, which in all likelihood was the Scott Defendants and/or August REI, was failing to make payments on the underlying loan, at no point did Defendant Eric Ogletree notify the Almaraz Family of this fact. 42. According to text messages between Defendant Shawna Ogletree and Defendant Hockman, Defendant Eric Ogletree “was.speakimg [sic] to [Hockman] about the house on Chamberlain St.” in May 2023. As part of these discussions, Hockman stated that he would “check with [the] title company.” The Ogletree Defendants were working with Hockman to sell the Property, fully aware that it had already been sold to the Almaraz Family in 2017. Attempted Eviction 43. On May 17, 2023, Defendant NHS Investments, LLC was granted a deed to the property from Defendant Shawna Ogletree, it being the second time that Defendant Shawna Ogletree had sold the same exact property. This time, she was paid $5,000 in cash from one or more of the Hockman Defendants for this “sale” of the Property, plus the benefit of minimal additional funds being paid to the underlying mortgage holder for the alleged missing payments. 44. For less than $15,000, Hockman received a deed to the Property from the record title holder (Shawna Ogletree), and he quickly got to work to capitalize on this “investment.” On May 26, 2023, Defendants Nick Hockman and Everyone Wins Management LLC sent the Almaraz Family a letter saying that the Property had been sold and that Defendant NHS Investments had been hired to take over the management of the Property. See Letter attached hereto as Exhibit K. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE9 45. Defendant Nick Hockman came to the Property three additional times. 46. On August 8, 2023, the Almaraz Family received a notice on their door titled “Landlord’s Three-Day Notice,” however, the notice stated the following: “You are hereby notified that there is now due to the undersigned landlord the sum of $ N/A dollars being rent for the premises situated in Irving County of Dallas and State of Texas described as follows: 820 Chamberlain St., Irving, TX 75060.” See Notice attached hereto as Exhibit L. 47. Defendants Nick Hockman, Hockman Management LLC, NHS Investments, LLC, and Everyone Wins Management, LLC, were attempting to wrongfully evict the Almaraz Family from the Property, after allegedly purchasing the Property from the Ogletree Defendants. 48. It was only after this notice that the Almaraz Family found out, despite purchasing the Property in 2017 and paying all amounts it was required to pay to August REI for nearly six years, that the deed they received from Official Home Solutions had not been filed in the county records. Further, the deed evidencing the conveyance of the Property from the Ogletree Defendants to Defendant Official Home Solutions had also not been recorded in the county records. Additionally, no one had notified the Plaintiffs (as required) that the Property was allegedly facing foreclosure. 49. Therefore, the Property seemingly remained in one or more of the Ogletree Defendants’ names until Defendant Hockman allegedly purchased the Property in 2023. 50. On information and belief, Defendant Hockman was aware of the Ogletrees’ prior conveyance of the Property and the Almaraz Family’s 2017 purchase of the Property (or, at the very least, was aware that the Ogletrees had conveyed the Property to another owner). 51. Prior to filing suit and obtaining a Temporary Injunction order prohibiting foreclosure (among other things), the Almaraz Family, proud homeowners of the Property, had been facing an eviction notice and significant confusion related to their rightful ownership of the Property. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 10 V. CAUSE OF ACTION FOR TRESPASS TO TRY TITLE (Against All Defendants) 52. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein. 53. Pursuant to Tex. Prop. Code Ann. § 22.001, Plaintiffs bring this action for trespass to try title because Defendants Hockman, Hockman Management LLC, NHS Investments, LLC, and Everyone Wins Management LLC have attempted to unlawfully take possession of the Property to which Plaintiffs have ownership and title. 54. On August 8, 2023, Defendants Nick Hockman, Hockman Management LLC, NHS Investments, LLC, and Everyone Wins Management LLC attempted to initiate eviction proceedings against Plaintiffs, alleging that they had a lawful right to the Property. 55. Plaintiffs have been in continuous possession of the Property, to the exclusion of all others, for a period of over six years and together are the sole owners of the Property under Tex. Civ. Prac. & Rem. Code § 16.024. 56. Pursuant to Tex. Civ. Prac. & Rem. Code § 16.024, a party is required to bring a suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues. ie Because of the Scott Defendants’ conveyance of the Property to Plaintiffs in 2017, the Almaraz Family has possessed the Property under title or color of title for a period of over six years. 58. Any cause of action that any of the Defendants could have had regarding the Property first accrued in 2017 when the Property was sold to Plaintiffs. 59. Pursuant to the three-year statute of limitations in Tex. Civ. Prac. & Rem. Code § 16.024, Defendants have failed to timely bring an action to recover the property and are barred from claiming the Property as their own. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 11 60. After the conveyance of the Property to Plaintiffs in 2017, the Almaraz Family visibly appropriated and possessed the Property sufficient to give notice to Defendants. 61. Plaintiffs’ possession of the Property was peaceable. 62. Plaintiffs’ possession of the Property was under a claim of right hostile to the claim of Shawna Ogletree (Chandler), the alleged title holder in early 2023 and NHS Investments, LLC beginning on May 17, 2023. 63. Plaintiffs have continually resided at 820 Chamberlain Street, Irving, Texas, since September 2017, a period of over six years. Since they purchased the Property in 2017 from Defendants Scott and Official Home Solutions, LLC, Plaintiffs assert that they own the Property in fee simple, subject only to the underlying mortgage of which they were aware when they purchased the Property in 2017. 64. Defendants Eric Ogletree and Shawna Ogletree (Chandler) sought to sell the Property to Defendant NHS Investments, LLC in May 2023 despite not having the right to do so given they had already conveyed the Property to Defendants Scott and Official Home Solutions in 2017, and were aware of the subsequent conveyance to Plaintiffs in connection with the payment of the past due amounts on their underlying mortgage. Thus, Plaintiffs have legal and equitable title to the Property and to the extent any of the Defendants (or any other person) seeks to challenge it, their claims fail under a theory of adverse possession. VI. CAUSE OF ACTION FOR FRAUD (pleaded in the alternative to Trespass to Try Title) (Against Defendants Scott, Official Home Solutions LLC, Mr.CashOffer.Com LLC) 65. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 12 66. In the event the Court finds that Plaintiffs are not entitled to record ownership of Property, then Plaintiffs plead in the alternative that Defendants Scott and Official Home Solutions made material, false representations to Plaintiffs to induce them to pay the entire purchase price for the Property, falsely informed them that they owned the Property, and falsely informed them that Official Home Solutions was the “lender” on their loan to purchase the Property and make monthly payments to August REI. 67. Plaintiffs also plead in the alternative that, to perpetuate the scheme against Plaintiffs, the Scott Defendants failed to file or cause to be filed in the county records the warranty deed and other writings evidencing the conveyance of title to the Property to the Almaraz Family. 68. Defendants Scott and Official Home Solutions have continued to receive monthly payments from Plaintiffs through Defendant August REI (over $60,000 on the property in monthly payments overall plus the initial $29,000 down payment) despite having not filed and/or recorded the warranty deed or other writings evidencing the proper ownership of the Property. 69. Moreover, Defendant August REI LLC has serviced the alleged “loan” Plaintiffs took out for the purchase of the Property, even though no party advanced funds to or on behalf of Plaintiffs in connection with their purchase or attempted purchase of the Property. As such, no “loan” exists and August REI has continued to service a loan that does not exist and has continued to require repayment by Plaintiffs despite the nonexistence of any loan or funds advanced on behalf of Plaintiffs. Rather, any funds that have been advanced in connection with the purchase of the Property by Plaintiffs are funds advanced by Plaintiffs on a monthly basis to the benefit of August REI and the Scott Defendants. 70. To the extent the Court finds that Plaintiffs do not hold legal title to the Property, Plaintiffs plead in the alternative that Defendants Scott and Official Home Solutions made these PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 13 material, false representations to Plaintiffs and that they either knew the representations were false at the time they made them or they made the representation recklessly, as a positive assertion, and without knowledge of its truth. 71. Defendants Scott and Official Home Solutions made these representations with the intent that Plaintiffs act on it by executing the contracts and paying Defendants Scott and Official Home Solutions. 72. Plaintiffs justifiably relied on these statements by Scott and Official Home Solutions (as evidenced by their signing of the Purchase Contract and related documents), and those representations caused significant harm to Plaintiffs given they put a significant amount of equity into the Property. 723. As a result of Defendants’ deceptive actions and fraud, Plaintiffs paid more than $60,000 in monthly installments (plus a $29,000.00 down payment, taxes, insurance payments, etc.), while not even owning the Property the Scott Defendants induced them to purchase and which has been their residence continuously since 2017. 74. As a further result of Defendants’ deceptive actions and fraud, Plaintiffs have suffered irreparable harm for which injunctive relief is necessary, in addition to monetary damages. Vit. CAUSE OF ACTION FOR FRAUDULENT INDUCEMENT (pleaded in the alternative to Trespass to Try Title) (Against Defendants Scott, Official Home Solutions LLC, Mr.CashOffer.Com LLC) 75. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein. 76. In the event the Court finds that Plaintiffs are not entitled to record ownership of Property, then Plaintiffs plead in the alternative that Defendants Scott and Official Home Solutions made material, false representations to Plaintiffs that they owned the Property and accepted a note in PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 14 the amount of $101,000 from the Almaraz Family as evidence of an alleged loan that did not exist for the purchase of the Property. In connection with their deception, the Scott Defendants also failed to file the warranty deed and other writings evidencing conveyance of title to the Almaraz Family. On information and belief, Defendants Scott and Official Home Solutions have continued to receive monthly installment payments from Plaintiffs through Defendant August REI (over $60,000 on the property in monthly payments overall plus the initial $29,000 down payment) despite the nonexistence of the loan allegedly owed to Official Homes Solutions or any related advancement of funds on behalf of Plaintiff and having not filed the warranty deed or deed of trust in the county records. 77. If Plaintiffs do not own the Property, not only did Defendants Scott and Official Home Solutions make these material, false representations to Plaintiffs, they either knew the representations were false at the time they made them or they made the representation recklessly, as a positive assertion, and without knowledge of its truth. 78. Defendants Scott and Official Home Solutions made these representations with the intent that Plaintiffs act on it by executing the contracts and paying Defendants Scott and Official Home Solutions. 79. Plaintiffs justifiably relied on these statements by Scott and Official Home Solutions (as evidenced by their signing of the Purchase Contract and related documents), and those representations caused significant harm to Plaintiffs given they put a significant amount of money towards the purchase and improvement of the Property under the impression that they were the beneficiaries of having significant equity in the Property. 80. As a result of Defendants’ deceptive actions and fraud, Plaintiffs have made over $60,000 in monthly installment payments (plus a $29,000.00 down payment, taxes, insurance PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 15 payments, etc.) towards a loan that does not exist, on a property they allegedly do not have legal right to, despite having completed all of the necessary documentation for purchasing the Property, having lived at the Property since 2017, and having never abandoned the Property. 81. As a further result of Defendants’ deceptive actions and fraud, Plaintiffs have suffered irreparable harm for which injunctive relief is necessary, in addition to monetary damages. Vill. CAUSE OF ACTION FOR BREACH OF CONTRACT (pleaded in the alternative to Trespass to Try Title) (Against Defendants Scott, Official Home Solutions, and Mr.CashOffer.Com LLC) 82. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein. 83. The Purchase Agreement between Plaintiffs and Defendants Scott and Official Home Solutions is a valid and enforceable agreement. Plaintiffs performed their obligations under the agreement to secure good title to the Property and have performed all related obligations thereto, including by making monthly payments on the loan they secured to purchase the Property. 84. The Purchase Agreement and warranty deed evidence a conveyance of the Property from Official Homes Solutions, LLC to the Almaraz Family. However, Defendants Scott and Official Home Solutions either failed to record the required paperwork with the register of deeds, including any deeds or contracts Scott or Official Home Solutions obtained from the Ogletrees, along with the warranty deed and deed of trust evidencing the sale between Official Home Solutions to the Almaraz Family. As a result, a cloud on title exists such that Plaintiffs may not end up having legal title to the Property. If the Court determines legal title is in any name other than Plaintiffs, Defendants Scott and Official Home Solutions breached the Purchase Agreement and deed by failing to convey title to Plaintiffs as stated therein. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 16 85. Additionally, under the terms of the Purchase Agreement (including, but not limited to, the Acknowledgement of the Buyer (and Sections 11 and 12 of same), which was executed in tandem with the Purchase Agreement), Defendants Scott and Official Home Solutions were required to notify Plaintiffs of any potential foreclosure and allow the Almaraz Family the opportunity to make a payment to avoid such foreclosure. At no time did Defendants Scott and Official Home Solutions ever notify the Almaraz Family that the property may be foreclosed on or sold to another buyer. 86. As a result of Defendants Scott and Official Home Solutions’ breach, Plaintiffs have suffered irreparable harm for which injunctive relief and specific performance are necessary, in addition to monetary damages. IX. CAUSE OF ACTION FOR UNJUST ENRICHMENT (pleaded in the alternative to Fraud) (Against Defendants Eric Ogletree, Shawna Ogletree, Scott, Official Home Solutions, and Mr.CashOffer.Com LLC) 87. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein. 88. In either August or September 2017, the Ogletree Defendants conveyed the Property to Defendants Scott and Official Home Solutions, which then conveyed the Property to the Almaraz Family via a general warranty deed. The Almaraz Family advanced a significant amount of funds to cover a payment to Shawna Ogletree for her sale of the property to Official Home Solutions, and both Ogletree Defendants received the benefit of the Almaraz Family’s payment towards the unpaid amounts due and owing on the underlying mortgage. 89. In total, Plaintiffs made a $29,000 cash payment in connection with the closing on the purchase of the Property, and on information and belief, all of those funds were distributed to one or more of the Scott Defendants, Shawna Ogletree, and the underlying mortgage on behalf of both PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 17 Ogletree defendants. Since then, Plaintiffs have continually made monthly installment payments toward the underlying mortgage on the Property, and the Ogletree’s obligations to their underlying mortgage holder have been reduced significantly as a result of Plaintiffs’ payments. Notwithstanding these payments made to them or on their behalf, Shawna Ogletree sold the Property again to one of the Hockman Defendants in May 2023. The Ogletree Defendants were aware that Plaintiffs had already purchased the home 2017 and resided in the home but proceeded with selling the Property a second time. 90. The Ogletree Defendants were unjustly enriched by the downpayment of $29,000 made by Plaintiffs in 2017 and in the more than $60,000 in monthly installment payments that have been made by Plaintiffs towards the payment of interest and reduction in principal owed by the Ogletree defendants on the underlying mortgage. 91. As a result of the Ogletree Defendants’ unjust enrichment, Plaintiffs have suffered irreparable harm for which injunctive relief is necessary, in addition to monetary damages. 92. Additionally, Defendants Scott, Official Home Solutions, and Mr.CashOffer.com have been unjustly enriched by receiving the excess payments each month (in addition to the amounts they collected when the Almaraz Family purchased the Property) — all amounts to which they were not entitled. X. CAUSE OF ACTION FOR NEGLIGENCE (Against August REI LLC) 93. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set forth herein. 94. Defendant August REI services the alleged $101,000 loan that was made by Official Home Solutions to Plaintiffs for the purchase of the Property in 2017. In reality, no loan exists PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 18 because no funds were advanced by any party in connection the Plaintiffs’ purchase of the Property, other than funds paid by Plaintiffs. 95. August REI had a duty to the Almaraz Family in their role as a loan servicer to confirm that funds were actually advanced on behalf of the party obligated to repay a loan. Here, no funds were advanced on behalf of Plaintiffs; rather, Plaintiffs supplied all cash to close on the purchase of the Property and made monthly installment payments that were then redistributed by August REI to the underlying mortgage holder and/or to one or more of the Scott Defendants. 96. Moreover, and prior to agreeing to service the loan (and prior to asking Chris Scott and Official Home Solutions to sign the Loan Service Agreement), August REI owed a duty to Plaintiffs to confirm that the alleged lender or payee of the “loan” had actually conveyed the Property to Plaintiffs as stated in the documentation supporting the loan service agreements. August REI breached this duty by never confirming that Defendants Chris Scott and/or Official Home Solutions had record title to the Property such that they could sell the Property to Plaintiffs and collect funds from Plaintiffs pursuant to a loan that was allegedly made to purchase the Property. 97. August REI never confirmed that Chris Scott and/or Official Home Solutions even had a right to accept money from the Almaraz Family. 98. In addition, August REI owed a duty to the Almaraz Family to properly disburse the funds it received from the Almaraz family to the underlying mortgage holder, Midland Mortgage. Apparently, August REI failed to do so, considering a deficiency in the underlying mortgage allegedly occurred in early 2023, which prompted the Ogletree defendants to sell the property for a 2" time to one or more of the Hockman defendants. 99. August REI’s breach caused the Almaraz Family significant harm. Had August REI checked the title to the Property, confirmed that funds were actually advanced by the “lender” on the PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 19 “Joan” for the purchase of the Property, August REI would have learned of the defi