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BAB YED IN THE DISTRICT COURT
Plaintif , Debtor
FORT BEND COUNTY, TEXAS
CITIZENS BANK (loan
8102274084 and
assigned Trustee of +. _ JUDICIAL DISTRICT
CODILIS & MOODY
Defendants
PLAINTIFF'S VERIFIED ORIGINAL PETITION
APPLICATION FOR INJ UNCTIVE RELIEF
THE HONORABLE JUDGE SAID COURT:
COMES NOW, BABARSYED homeowner Plaintiff and file this
Plaintiff's Original Verified Petition andA pplication for Injunctive Relief,
complaining of Defendants, alleged Creditor CITIZENS BANK and presumed
substitute Trustee(s), Codilis & Moody 400 N Sam Houston Pkwy E, Suite 900A,
Houston, TX 77060 of alleged default mortgage proceedings with real roperty,
namely 5507 River Gable Ct., Sugar Land, Texas 77479. The legal description
LOT THIRTEEN ), IN BLOCK FIVE ), OF RIVERPARK, SECTION NINE
), AN ADDITION IN FORT BEND COUNTY, TEXAS ACCORDING TO THE
MAP OR PLAT THEREOF RECO ED IN VOLUME 317, PAGE 41 OF THE
MAP RECORDS OF FORT BEND COUNTY, TEXAS
Exhibit 1 BABAR YED verified declara
Syed Original Petition Inj. Application
with
The underlying present mortgage note is with Creditor, CITIZENS BANK,
with headquarters based in Rhode Island, One Citizens Bank Way, JCB135,
Johnston, RI 02919, loan number 8102274084. Plaintiffs herein, and for cause of
action would show unto this Court as follows:
DISCOVERY
Plaintiff intends to conduct discovery under Texas Rules of
Civil Procedure 190.3 (Level 2).
PARTIES
1 BABAR SYED is an individual who temporarily
resides in Fort Bend County, Texas and may be served with
process on the undersigned legal counsel.
2 CITIZENS BANK is an entity which conducts
business in FORT BEND County, Texas and for the purposes of
this injunctive relief and TRO, may be served through named
substitute trustee law firm, CODILIS & MOODY, address:
Codilis & Moody, at 400 N Sam Houston Pkwy E, Suite 900A,
Houston, TX 77060.
[URISDICTION AND VENUE
The Court has jurisdiction over CITIZENS BANCK because the Defendant
conducts business in FORT BEND County, Texas.
The Court has jurisdiction over the controversy because the damages are within
the jurisdictional limits of the Court. Venue is mandatory in FORT BEND County,
Texas because the subject matter of this lawsuit involves real property which is
located in FORT BEND County, Texas. Further, all or a substantial part of the events
or omissions giving rise to Plaintiffs causes of action occurred in FORT BEND
County, Texas thus venue is proper under § 15.002(a)(1) of the Texas Civil Practice
and Remedies Code.
BABAR Syed Original Petition— Inj. Application with TRO
I
Plaintiff purchased the subject home on July 21, 2017, through an executed
mortgage deed at the address, 5507 River Gable Ct, Sugar Land, TX 77479, FORT
BEND County Texas, now serviced through CITIZENS BANK. BABAR SYED is
the present occupant with his wife and five children, ranging in ages from 8 to 13.
The home is intended to be the homestead for BABAR SYED and his family.
CITIZENS BANK is seeking foreclose due to alleged note default on a Deed of Trust
for sums due of approximately $82,341.44 reinstatement and $330,931.60 payoff.
Il.
At present, potentially unknown or unidentified assignments and successors
have acquired certain rights of the initial underlying Deed of Trust property and
asserted lien made the subject of foreclosure proceedings. It is unknown if
Defendants, CITIZENS BANK, or their predecessors are or were a Texas lender
securing an initial Deed of Trust with named Texas agents or Trustees who may
have undergone a series of assignments and successors.
III.
BACKGROUND
Itis unknown when or if Defendant’s, CITIZENS BANK, and, or their
assigns properly secured notice of a Default Judgment, Order, or foreclosure
proceedings against plaintiff, BABAR SYED.
Several extremely unfortunate events occurred over the past 18 months that
prevented BABAR SYED from maintaining his timely mortgage obligation with
CITIZENS BANK. He was one of the lead strategic planning specialists on a
multimillion-dollar project that was discontinued due to the pandemic and related
economic shutdown. Though he transitioned to a self-employment business
ventures that now allow him to maintain his family, he desires to reasonably settle
his mortgage account with CITIZENS BANK. For the best interest of his family,
BABER SYED has relocated to the Wichita Falls area of Texas to be closer to his
client base and to establish the most cost-effective business structure.
BABAR
Syed Original Petition— Inj. Application
with TRO
IV.
BASIS & CONSIDERATIONS FOR RELEIF
Pursuant to the provisions of the Texas Property Code, §5.065 the holder of
a note must ordinarily give notice to the maker of the holder's intent to
accelerate the time for payment as well as notice of acceleration. If the
mortgagee intends to accelerate the maturity of the debt, the notice must
unequivocally inform the mortgagor of the mortgagee's intention. A proper
notice of default must give the borrower notice that the alleged delinquency
must be cured; otherwise, the loan will be accelerated and the property will
go to foreclosure. Prior to a foreclosure action, the noteholder is also
required to give the home owners clear and unequivocal acceleration notice.
Effective acceleration requires two acts: notice of intent to accelerate and
notice of acceleration.
CITIZENS BANK and their assigns failed to comply with the notice
provisions of the debt instrument, failed to properly post the property for
foreclosure sale prior to proper acceleration of the indebtedness. For
unknown reasons BABAR SY ED was not properly notified that the
indebtedness of the underlying mortgage had been accelerated. Further they
were not timely or properly notified that a foreclosure sale under the Deed
of Trust had been scheduled on a date, time, and location as statutorily
required. BABER SY ED would show he received no notice by certified
mail and no proof of having received certified mail of the foreclosure
proceedings or of an event of default under prior to receipt of the notice that
the indebtedness had been accelerated and the Property posted for
foreclosure.
Some time around July 2022, BABAR SY ED began contacting CITIZENS
BANK and was advised to seek forbearance requests or modification of his
existing mortgage so that he get “current.” Follow-up emails and calls to
CITIZENS BANK were unreturned. Communications ceased.
Around mid-September 2022 Plaintiff BABAR SY ED was getting
BABAR
Syed Original Petition— Inj. Application
with TRO
inundated by calls and junk mail from third-party solicitors alleging “pre-
foreclosure” proceedings. He was initially skeptical, as he had never been
contacted by CITIZENS BANK. This is went BABAR SY ED became
aware the foreclose, and he undertook diligent steps to contact the
CITIZENS BANK and their assigns.
BABAR SYED began efforts to communicate directly with CITIZENS
BANK to discern the exact status (timing, payoff amount, reinstatement,
mitigation options, foreclosure procedure). His calls kept rolling to “debt-
collector” call center recordings. referral to a foreclosure trustee law firm
with little to no information. In the past week, CITIZEN’S BANK has
become uncooperative with BABER SY ED’s desire to sell the home rather
than be foreclosed.
BABAR SYED immediately attempted find resources to cure and or halt the
alleged foreclosure set for this coming Tuesday, October 4, 2022. BABAR
SY ED desires to sell his home and avoid the harmful and near permanent
stigma as foreclosed debtors at his family’s relatively young age. He and
his wife have 5 children and urgency to maintain or preserve the best credit
profile for their welfare.
In a short timeframe, BABAR SYED located a purchaser for his home and
executed a standard enforceable Texas Real Estate Commission contract
with a righteous buyer.
The sales contract executed by the Plaintiffs and buyer, is presently at the
title office of Ceshker Group - Law and Title Professionals | Austin TX |
Attomey Alan Ceshker, 3409 Executive Center Dr, Austin, TX 78731| (512)
306-0696, awaiting to open and clear title. Closing is set for October 31, or
sooner.
Counsel expects to resolve all default impediments favorably and smoothly,
as desired by BABAR SYED .
10 BABAR SYED respectfully moves this Court to suspend the present
foreclosure sale of their property for a short period so he may execute the
contract for sale he entered into. To deny his request at this time would
unfairly and without due process cause serious and permanent default
consequences of foreclosure. At this time BABAR SYED has forwarded
BABAR
Syed Original Petition— Inj. Application
with TRO
the contract the title company for expedited closing.
Vv
INCORPORATION OF STATEMENTS
Each of the preceding and succeeding paragraphs are incorporated as part of
the following causes of action.
VI.
DECLARATORY JUDGMENT
BABAR SYED submits the underlying mortgage note has not been
accelerated in accordance with its terms and as required by law. Specifically,
CITIZENS BANK and their assigns failed to comply with the terms and
provisions of the note governing its acceleration and the purported acceleration is
null and void. Further, since Plaintiffs can tender payment to cure the alleged
monetary default within the time period permitted under its terms, CITIZENS
BANK cannot rightfully accelerate the note at this time. Plaintiff is entitled to
declaratory judgment that the note is capable, pursuant to contract entered into
(exhibit 1) and may become current and remain in full force and effect in
accordance with its terms and that said note has not been accelerated.
VIL.
APPLICATION FOR
TEMPORARY RESTRAINING ORDER
AND TEMPORARY INJUNCTION
If the property is sold at the scheduled trustee's sale on October 4, 2022,
Plaintiffs, BABAR SYED and his family will suffer immediate and irreparable
injury. Specifically, Plaintiff's ownership and possession of the unique real property
will be interfered with, for which Plaintiffs will have no adequate remedy at law.
Plaintiffs seek the issuance of an immediate temporary restraining order without
notice to restrain CITIZENS BANK andtheir assigned Trustee, and their employees,
agents, trustees, or substitute trustees from holding the trustee's sale scheduled for
BABAR
Syed Original Petition— Inj. Application
with TRO
OCTOBER 4, 2022.
Plaintiff will suffer immediate and irreparable injury if Creditor and Trustee,
and their employees, agents, trustees, or substitute trustees are permitted to sell the
Property at a trustee's sale during the pendency of this cause of action. If such sale is
permitted to take place, Plaintiff will lose ownership and possession of the unique
real property for which Plaintiff will have no adequate remedy at law. Plaintiff seeks
the issuance of a temporary injunction, after notice and hearing, to restrain Creditor
and Trustee, and their agents, employees, trustees, or substitute trustees from
holding a trustee's salewith respect to the Property during the pendency of this
cause of action to maintain the statusquo.
VIII.
APPLICATION FOR PERMANENT INJUNCTION
Plaintiff seeks the issuance of a permanent injunction to prevent and restrain
Creditor and Trustee, and their agents, employees, trustees, or substitute trustees
from holding a trustee's sale with respect to the Property, based upon any alleged
default in the payment of installments prior to the date hereof, and acceleration
based upon said default. If such trustee's sale is permitted to take place, Plaintiff will
be wrongfully deprived of ownership, possession, and use of the Property, for which
Plaintiff will have no adequate remedy at law.
IX.
PRAYER
WHEREFORE, PREMISES CONSIDERED, BABAR SYED pray that:
1. The Court issue an immediate temporary restraining order to restrain and
prevent Creditor and Trustee, their agents, employees, trustees, and substitute
trustees from holding the scheduled trustee's sale of the Property on October 4,
2022.
2. Following hearing and notice to Creditor and Trustee, issue a temporary
injunction to prevent Creditor and Trustee, and their agents, employees, trustees, and
substitute trustees from scheduling or holding a trustee's sale covering the Property
BABAR
Syed Original Petition— Inj. Application
with TRO
during the pendency of this cause of action to maintain the status quo herein.
3. That Creditor, CITIZENS BANK and Trustee be cited to appear and
answer herein and that upon final hearing, this Court grant declaratory judgment
that the note remains in full force and effect in accordance with the terms thereof,
and enter a permanent injunction to prevent CITIZENS BANK and Trustee and their
agents, employees, trustees, or substitute trustees from foreclosing on the property
based upon any alleged defaultin payment of installments payments which BABAR
SYED and tendered to CITIZENS BANK priorto the date hereof.
4. That BABAR SYED be granted costs of court and such other and further
relief to which they may showto be justly entitled.
Respectfully submitted,
ls) JAMES RIVERA
James Rivera, Attorney
1004 Prairie St.
Houston, Texas 77002
jamesrivera713@ gmail.com
SBN 24007921
BABAR
Syed Original Petition— Inj. Application
with TRO
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
DECLARATION & VERIFICATION OF BABAR SYED
BEFORE ME, the undersigned authority, on this day personally appeared
BABAR SYED, Plaintiffs, who, upon their oath deposed and stated that he has the
authority to make this affidavit and the factual basis and allegations in support of
his foregoing Plaintiffs Verified Original Petition and Application for Injunctive
Relief are true and correct and within his personal knowledge.
SWORN TO AND SUBSCRIBED BEFORE ME, on this the 2nd day of
October 2022, to certify which witness my hand and official seal of office.
Lo
Propi
oe ae.
Qwnd’— BABAR SYED
[0-9
). = 2-2
Date
5507 River Gable Ct., Sugar Land, TX 77479
CITIZENS BANK
Mortgage Loan Number 8102274084
286 ee 2 ee 2 ee eo a a a ok ak ok aK NOTARY 2 2A Ae 626 2 of ke oe 2 2 2 ee 2 ok oe kk 2k ok ak aka.
27/00 | orto
MyComimission Expiré S
Exhibit 1.
}+} Notary Public, State of Texas
Notary pe ae 1542-8
5, 2026
Preview
mM —-- BAB YED IN THE DISTRICT COURT Plaintif , Debtor FORT BEND COUNTY, TEXAS CITIZENS BANK (loan 8102274084 and assigned Trustee of +. _ JUDICIAL DISTRICT CODILIS & MOODY Defendants PLAINTIFF'S VERIFIED ORIGINAL PETITION APPLICATION FOR INJ UNCTIVE RELIEF THE HONORABLE JUDGE SAID COURT: COMES NOW, BABARSYED homeowner Plaintiff and file this Plaintiff's Original Verified Petition andA pplication for Injunctive Relief, complaining of Defendants, alleged Creditor CITIZENS BANK and presumed substitute Trustee(s), Codilis & Moody 400 N Sam Houston Pkwy E, Suite 900A, Houston, TX 77060 of alleged default mortgage proceedings with real roperty, namely 5507 River Gable Ct., Sugar Land, Texas 77479. The legal description LOT THIRTEEN ), IN BLOCK FIVE ), OF RIVERPARK, SECTION NINE ), AN ADDITION IN FORT BEND COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECO ED IN VOLUME 317, PAGE 41 OF THE MAP RECORDS OF FORT BEND COUNTY, TEXAS Exhibit 1 BABAR YED verified declara Syed Original Petition Inj. Application with The underlying present mortgage note is with Creditor, CITIZENS BANK, with headquarters based in Rhode Island, One Citizens Bank Way, JCB135, Johnston, RI 02919, loan number 8102274084. Plaintiffs herein, and for cause of action would show unto this Court as follows: DISCOVERY Plaintiff intends to conduct discovery under Texas Rules of Civil Procedure 190.3 (Level 2). PARTIES 1 BABAR SYED is an individual who temporarily resides in Fort Bend County, Texas and may be served with process on the undersigned legal counsel. 2 CITIZENS BANK is an entity which conducts business in FORT BEND County, Texas and for the purposes of this injunctive relief and TRO, may be served through named substitute trustee law firm, CODILIS & MOODY, address: Codilis & Moody, at 400 N Sam Houston Pkwy E, Suite 900A, Houston, TX 77060. [URISDICTION AND VENUE The Court has jurisdiction over CITIZENS BANCK because the Defendant conducts business in FORT BEND County, Texas. The Court has jurisdiction over the controversy because the damages are within the jurisdictional limits of the Court. Venue is mandatory in FORT BEND County, Texas because the subject matter of this lawsuit involves real property which is located in FORT BEND County, Texas. Further, all or a substantial part of the events or omissions giving rise to Plaintiffs causes of action occurred in FORT BEND County, Texas thus venue is proper under § 15.002(a)(1) of the Texas Civil Practice and Remedies Code. BABAR Syed Original Petition— Inj. Application with TRO I Plaintiff purchased the subject home on July 21, 2017, through an executed mortgage deed at the address, 5507 River Gable Ct, Sugar Land, TX 77479, FORT BEND County Texas, now serviced through CITIZENS BANK. BABAR SYED is the present occupant with his wife and five children, ranging in ages from 8 to 13. The home is intended to be the homestead for BABAR SYED and his family. CITIZENS BANK is seeking foreclose due to alleged note default on a Deed of Trust for sums due of approximately $82,341.44 reinstatement and $330,931.60 payoff. Il. At present, potentially unknown or unidentified assignments and successors have acquired certain rights of the initial underlying Deed of Trust property and asserted lien made the subject of foreclosure proceedings. It is unknown if Defendants, CITIZENS BANK, or their predecessors are or were a Texas lender securing an initial Deed of Trust with named Texas agents or Trustees who may have undergone a series of assignments and successors. III. BACKGROUND Itis unknown when or if Defendant’s, CITIZENS BANK, and, or their assigns properly secured notice of a Default Judgment, Order, or foreclosure proceedings against plaintiff, BABAR SYED. Several extremely unfortunate events occurred over the past 18 months that prevented BABAR SYED from maintaining his timely mortgage obligation with CITIZENS BANK. He was one of the lead strategic planning specialists on a multimillion-dollar project that was discontinued due to the pandemic and related economic shutdown. Though he transitioned to a self-employment business ventures that now allow him to maintain his family, he desires to reasonably settle his mortgage account with CITIZENS BANK. For the best interest of his family, BABER SYED has relocated to the Wichita Falls area of Texas to be closer to his client base and to establish the most cost-effective business structure. BABAR Syed Original Petition— Inj. Application with TRO IV. BASIS & CONSIDERATIONS FOR RELEIF Pursuant to the provisions of the Texas Property Code, §5.065 the holder of a note must ordinarily give notice to the maker of the holder's intent to accelerate the time for payment as well as notice of acceleration. If the mortgagee intends to accelerate the maturity of the debt, the notice must unequivocally inform the mortgagor of the mortgagee's intention. A proper notice of default must give the borrower notice that the alleged delinquency must be cured; otherwise, the loan will be accelerated and the property will go to foreclosure. Prior to a foreclosure action, the noteholder is also required to give the home owners clear and unequivocal acceleration notice. Effective acceleration requires two acts: notice of intent to accelerate and notice of acceleration. CITIZENS BANK and their assigns failed to comply with the notice provisions of the debt instrument, failed to properly post the property for foreclosure sale prior to proper acceleration of the indebtedness. For unknown reasons BABAR SY ED was not properly notified that the indebtedness of the underlying mortgage had been accelerated. Further they were not timely or properly notified that a foreclosure sale under the Deed of Trust had been scheduled on a date, time, and location as statutorily required. BABER SY ED would show he received no notice by certified mail and no proof of having received certified mail of the foreclosure proceedings or of an event of default under prior to receipt of the notice that the indebtedness had been accelerated and the Property posted for foreclosure. Some time around July 2022, BABAR SY ED began contacting CITIZENS BANK and was advised to seek forbearance requests or modification of his existing mortgage so that he get “current.” Follow-up emails and calls to CITIZENS BANK were unreturned. Communications ceased. Around mid-September 2022 Plaintiff BABAR SY ED was getting BABAR Syed Original Petition— Inj. Application with TRO inundated by calls and junk mail from third-party solicitors alleging “pre- foreclosure” proceedings. He was initially skeptical, as he had never been contacted by CITIZENS BANK. This is went BABAR SY ED became aware the foreclose, and he undertook diligent steps to contact the CITIZENS BANK and their assigns. BABAR SYED began efforts to communicate directly with CITIZENS BANK to discern the exact status (timing, payoff amount, reinstatement, mitigation options, foreclosure procedure). His calls kept rolling to “debt- collector” call center recordings. referral to a foreclosure trustee law firm with little to no information. In the past week, CITIZEN’S BANK has become uncooperative with BABER SY ED’s desire to sell the home rather than be foreclosed. BABAR SYED immediately attempted find resources to cure and or halt the alleged foreclosure set for this coming Tuesday, October 4, 2022. BABAR SY ED desires to sell his home and avoid the harmful and near permanent stigma as foreclosed debtors at his family’s relatively young age. He and his wife have 5 children and urgency to maintain or preserve the best credit profile for their welfare. In a short timeframe, BABAR SYED located a purchaser for his home and executed a standard enforceable Texas Real Estate Commission contract with a righteous buyer. The sales contract executed by the Plaintiffs and buyer, is presently at the title office of Ceshker Group - Law and Title Professionals | Austin TX | Attomey Alan Ceshker, 3409 Executive Center Dr, Austin, TX 78731| (512) 306-0696, awaiting to open and clear title. Closing is set for October 31, or sooner. Counsel expects to resolve all default impediments favorably and smoothly, as desired by BABAR SYED . 10 BABAR SYED respectfully moves this Court to suspend the present foreclosure sale of their property for a short period so he may execute the contract for sale he entered into. To deny his request at this time would unfairly and without due process cause serious and permanent default consequences of foreclosure. At this time BABAR SYED has forwarded BABAR Syed Original Petition— Inj. Application with TRO the contract the title company for expedited closing. Vv INCORPORATION OF STATEMENTS Each of the preceding and succeeding paragraphs are incorporated as part of the following causes of action. VI. DECLARATORY JUDGMENT BABAR SYED submits the underlying mortgage note has not been accelerated in accordance with its terms and as required by law. Specifically, CITIZENS BANK and their assigns failed to comply with the terms and provisions of the note governing its acceleration and the purported acceleration is null and void. Further, since Plaintiffs can tender payment to cure the alleged monetary default within the time period permitted under its terms, CITIZENS BANK cannot rightfully accelerate the note at this time. Plaintiff is entitled to declaratory judgment that the note is capable, pursuant to contract entered into (exhibit 1) and may become current and remain in full force and effect in accordance with its terms and that said note has not been accelerated. VIL. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION If the property is sold at the scheduled trustee's sale on October 4, 2022, Plaintiffs, BABAR SYED and his family will suffer immediate and irreparable injury. Specifically, Plaintiff's ownership and possession of the unique real property will be interfered with, for which Plaintiffs will have no adequate remedy at law. Plaintiffs seek the issuance of an immediate temporary restraining order without notice to restrain CITIZENS BANK andtheir assigned Trustee, and their employees, agents, trustees, or substitute trustees from holding the trustee's sale scheduled for BABAR Syed Original Petition— Inj. Application with TRO OCTOBER 4, 2022. Plaintiff will suffer immediate and irreparable injury if Creditor and Trustee, and their employees, agents, trustees, or substitute trustees are permitted to sell the Property at a trustee's sale during the pendency of this cause of action. If such sale is permitted to take place, Plaintiff will lose ownership and possession of the unique real property for which Plaintiff will have no adequate remedy at law. Plaintiff seeks the issuance of a temporary injunction, after notice and hearing, to restrain Creditor and Trustee, and their agents, employees, trustees, or substitute trustees from holding a trustee's salewith respect to the Property during the pendency of this cause of action to maintain the statusquo. VIII. APPLICATION FOR PERMANENT INJUNCTION Plaintiff seeks the issuance of a permanent injunction to prevent and restrain Creditor and Trustee, and their agents, employees, trustees, or substitute trustees from holding a trustee's sale with respect to the Property, based upon any alleged default in the payment of installments prior to the date hereof, and acceleration based upon said default. If such trustee's sale is permitted to take place, Plaintiff will be wrongfully deprived of ownership, possession, and use of the Property, for which Plaintiff will have no adequate remedy at law. IX. PRAYER WHEREFORE, PREMISES CONSIDERED, BABAR SYED pray that: 1. The Court issue an immediate temporary restraining order to restrain and prevent Creditor and Trustee, their agents, employees, trustees, and substitute trustees from holding the scheduled trustee's sale of the Property on October 4, 2022. 2. Following hearing and notice to Creditor and Trustee, issue a temporary injunction to prevent Creditor and Trustee, and their agents, employees, trustees, and substitute trustees from scheduling or holding a trustee's sale covering the Property BABAR Syed Original Petition— Inj. Application with TRO during the pendency of this cause of action to maintain the status quo herein. 3. That Creditor, CITIZENS BANK and Trustee be cited to appear and answer herein and that upon final hearing, this Court grant declaratory judgment that the note remains in full force and effect in accordance with the terms thereof, and enter a permanent injunction to prevent CITIZENS BANK and Trustee and their agents, employees, trustees, or substitute trustees from foreclosing on the property based upon any alleged defaultin payment of installments payments which BABAR SYED and tendered to CITIZENS BANK priorto the date hereof. 4. That BABAR SYED be granted costs of court and such other and further relief to which they may showto be justly entitled. Respectfully submitted, ls) JAMES RIVERA James Rivera, Attorney 1004 Prairie St. Houston, Texas 77002 jamesrivera713@ gmail.com SBN 24007921 BABAR Syed Original Petition— Inj. Application with TRO THE STATE OF TEXAS § § COUNTY OF HARRIS § DECLARATION & VERIFICATION OF BABAR SYED BEFORE ME, the undersigned authority, on this day personally appeared BABAR SYED, Plaintiffs, who, upon their oath deposed and stated that he has the authority to make this affidavit and the factual basis and allegations in support of his foregoing Plaintiffs Verified Original Petition and Application for Injunctive Relief are true and correct and within his personal knowledge. SWORN TO AND SUBSCRIBED BEFORE ME, on this the 2nd day of October 2022, to certify which witness my hand and official seal of office. Lo Propi oe ae. Qwnd’— BABAR SYED [0-9 ). = 2-2 Date 5507 River Gable Ct., Sugar Land, TX 77479 CITIZENS BANK Mortgage Loan Number 8102274084 286 ee 2 ee 2 ee eo a a a ok ak ok aK NOTARY 2 2A Ae 626 2 of ke oe 2 2 2 ee 2 ok oe kk 2k ok ak aka. 27/00 | orto MyComimission Expiré S Exhibit 1. }+} Notary Public, State of Texas Notary pe ae 1542-8 5, 2026