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CAUSE NO. 22-04-04942
BENTWATER PROERTY OWNERS IN THE DISTRICT COURT OF
ASSOCIATION, INC.,
Plaintiff,
SIMPLE LIVING HOMES, LLC,
Intervenor,
PREMIUM TITLE SERVICES, INC.,
ALTISOURCE SOLUTIONS, INC., and
SIMPLE LIVING HOMES, LLC (IN MONTGOMERY COUNTY, TEXAS
REM ONLY),
Defendants,
DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS TRUSTEE FOR
RESIDENTIAL ACCREDIT LOANS,
INC., and WESTCOR LAND TITLE
INSURANCE COMPANY,
Third Party Defendants.
JUDICIAL DISTRICT
SIMPLE LIVING HOMES, LLC (IN REM ONLY) AND SIMPLE LIVING
HOMES, LLC’S SECOND AMENDED DISCLOSURES
COMES NOW, Defendant, SIMPLE LIVING HOMES, LLC (IN REM ONLY) and
Intervenor, SIMPLE LIVING HOMES, LLC’s (hereinafter collectively referred to as “Simple
Living”) and submits the following Second Amended Disclosures in accordance with Rule 194
of the Texas Rules of Civil Procedure, and reserves the right to supplement and/or amend all
disclosure responses in accordance with the Texas Rules of Civil Procedure.
SIMPLE LIVING’s Second Amended Disclosures Page
RESPONSES TO REQUESTS FORDISCLOSURE
(a) State the correct names of the parties to the lawsuit;
RESPONSE To the best of SIMPLE LIVING’s knowledge, the parties are correctly
namedin:
Plaintiff’s First Amended Petition filed herein by Plaintiff, BENTWATER
PROPERTY OWNERS ASSOCIATION, INC.;
The Original Petition in Intervention filed herein by Intervenor, SIMPLE LIVING
HOMES, LLC.; and
The Third Party Petition filed herein by Defendan SIMPLE LIVING HOMES,
LLC (IN REM ONLY) and Intervenor, SIMPLE LIVING HOMES, LLC’
(b) State the name, address, and telephone number of any potential parties;
RESPONSE SIMPLE LIVING investigating the possibility of additional potential
responsible third parties and will supplement this response, if necessary
(c) State the legal theories and, in general, the factual bases of the responding party's
claimsor defenses;
RESPONSE
SIMPLE LIVING HOMES, LLC (IN REM ONLY) generally denies the claims
asserted against it by Plaintiff BENTWATER PROERTY OWNERS
ASSOCIATION, INC. (hereinafter “Plaintiff”) and asserts the defenses of: 1) no
proximate causation; 2) fault of others; 3) proportionate responsibility; 4) offset; 5)
collateral source; and ) independent superseding causes.
SIMPLE LIVING HOMES, LLC (IN REM ONLY) asserts, in its Original Answer,
cross claims against PREMIUM TITLE SERVICES, INC. (hereinafter “Premium
Title”) and ALTISOURCE SOLUTION, INC. (hereinafter “Altisource”) for
breach of contract and negligent misrepresentation. The facts supporting these
defenses and cross claims are set forth in Paragraphs 8 11 and 17 22 of
Plaintiff’s First Amended Petition.
SIMPLE LIVING HOMES, LLC asserts, in the Original Petition in Intervention,
claims against PREMIUM TITLE SERVICES, INC. and ALTISOURCE
SOLUTION, INC. for breach of contract, negligence, and negligent
misrepresentation. The facts supporting these defenses and cross claims are set
forth in Paragraphs 8 11 and 17 22 of Plaintiff’s First Amended Petition.
SIMPLE LIVING HOMES, LLC (IN REM ONLY) and SIMPLE LIVING
HOMES, LLC’ assert, in the Third Party Petition claims against DEUTSCHE
SIMPLE LIVING’s Second Amended Disclosures Page
BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR RESIDENTIAL
ACCREDIT LOANS, INC. (hereinafter “Deutsche Bank”) and WESTCOR LAND
TITLE INSURANCE COMPANY (hereinafter “WLTIC”) for breach of contract,
deceptive trade practices, unjust enrichment as to Deutsche Bank only and specific
performance as to Deutsche Bank only. The facts supporting these claims are set
forth in Paragraphs and 17 22 of the Third Party Petition.
(d) State the amount and any method of calculating economic damages;
RESPONSE SIMPLE LIVING’s damages include, without limitation: 1) damages of at
least $65,705.93, which represents the alleged amount due and owing against the
Properties; 2) an over encumbered property that is the subject of foreclosure by Plaintiff;
3) damages of at least $50,000.00 for the loss of opportunity to sell the property at a profit
to Simple Living; and 4) other harm the scope of which remains unknown.
(e) State the name, address, and telephone number of persons having knowledge of
relevant facts, and a brief statement of each identified person's connection with the
case;
RESPONSE:
Bentwater Property Owner Association, Inc.
c/o Roberts, Markel, Weinberg, Butler, Hailey, PC
2800 Post Oak Blvd., 57 Floor
Houston, Texas 77056
Plaintiff
Simple Living Homes, LLC (In Rem Only) and Simple Living Homes
c/o The Law Offices of Murphy & Associates, PLLC
6700 Woodlands Pkwy, Suite 2
he Woodlands, Texas 773
DefendantIntervenor and Third Party Plaintiff
Premium Title Services, I . and Altisource Solutions
c/o Lewis Brisboi Bisgaard & Smith, LLP
24 Greenway Plaza, Suite 1400
Houston, Texas 77
Defendant
Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc.
c/o Dykema Gossett PLLC
1717 Main Street, Suite 4200
Dallas, Texas 75201
Telephone: (214) 462 6453
hird Party Defendant
SIMPLE LIVING’s Second Amended Disclosures Page
Westcor Land Title Insurance Company
c/o Oliver Law Office
13785 Research Blvd., Suite 125
Austin, Texas 78750
Third Party Defendant
or any testifying expert:
(1) he expert's name, address, and telephone number;
(2) he subject matter on which the expert will testify;
(3) he general substance of the expert's mental impressions and opinions and a
brief summary of the basis for them, or if the expert is not retained by,
employed by, or otherwise subject to the control of the responding party,
documents reflecting such information;
(4) f the expert isretained by, employed by, or otherwise subject to the control
of the responding party:
(A) ll documents, tangible things, reports, models, or data compilations
that have been provided to, reviewed by, or prepared by or for the
expert in anticipation of the expert's testimony; and
(B) he expert's current resume and bibliography;
RESPONSE: SIMPLE LIVING has not retained any experts at this time, however,
SIMPLE LIVINGhas filed aDesignation of Expert Witnesses that have not been retained
in this matter and will amend and/or supplement, if necessary.
(g) Any indemnity and insuring agreements described in Rule 192.3(f);
RESPONSE: WLTIC issued a policy of title insurance to SIMPLE LIVING HOMES,
LLC bearing Policy No. OP TX1058 7285797 regarding the property located at 213
Victoria Ct., 205 Victoria Ct. and 258 Edgewood Dr. in Montgomery, Texas. WLTIC
denies that it has defense and/or indemnity obligations with regard to the claims asserted
against SIMPLE LIVING in this matter.
(h) Any settlement agreements described in Rule 192.3(g);
RESPONSE:None at this time.
(i) Any witness statements described in Rule 192.3(h);
RESPONSE:None at this time.
SIMPLE LIVING’s Second Amended Disclosures Page
In a suit alleging physical or mental injury and damages from the occurrence that
is the subject of the case, all medical records and bills that are reasonably related to
the injuries or damages asserted or, in lieu thereof, an authorization permitting the
disclosure of such medical records and bills;
RESPONSE:Not applicable.
(k) In a suit alleging physical or mental injury and damages from the occurrence that
is the subject of the case, all medical records and bills obtained by the responding
party by virtue of an authorization furnished by the requesting party;
RESPONSE:Not applicable.
(l) State the name, address, and telephone number of any person who may be designated
a responsible third party.
RESPONSE: SIMPLE LIVING investigating the possibility of additional potential
responsible third parties and will supplement this response, if necessary.
Respectfully submitted,
HE AW FFICES OF URPHY SSOCIATES PLLC
DAVID F. MURPHY
Texas Bar No. 24092877
Woodlands Pkwy, Suite 230
The Woodlands, Texas 77382
: (281) 475
: (281) 475
admin@murphyslawpllc.com
Attorneys for Defendant, Simple Living Homes,
LLC and Intervenor, Simple Living Homes, LLC
(In Rem Only)
SIMPLE LIVING’s Second Amended Disclosures Page
CERTIFICATE OF SERVICE
I certify that on this day of September 2023, a true and correct copy of the foregoing
was served on all opposing parties in accordance with the Texas Rules of Civil Procedure.
ROBERTS MARKEL WEINBERG
BUTLER HAILEY PC
Gregg S. Weinberg gweinberg@rmwbh.com
Laura Cabutto lcabutto@rmwbh.com
2800 Post Oak Blvd., 57 Floor
Houston, Texas 77056
Telephone: (713) 561 2144
Attorneys for Simple Living Bentwater Property Owners Association, Inc.
LEWIS BRISBOIS BISGAARD & SMITH LLP
David J. Hargis david.hargis@lewisbrisbois.com
Lamisa Chowdhury lamisa.chowdhury@lewisbrisbois.com
24 Greenway Plaza, Suite 1400
Houston, Texas 77046
Tel: (713) 659
Attorneys for Defendants Premium Title Services, Inc.
and Altisource Solutions, Inc.
OLIVER LAW OFFICE
Andrew Oliver aoliver@oliverlawoffice.com
13785 Research Blvd., Suite 125
Austin, Texas 78750
Telephone: (512) 233 1103
Fax: (512) 551
Attorneys for Third Party Defendant
Westcor Land Title Insurance Company
DYKEMA GOSSETT PLLC
AdamNunnallee anunnallee@dykema.com
Salvador J. Robles srobles@dykema.com
1717 Main Street, Suite 4200
Dallas, Texas 75201
Telephone: (214) 462 6453
Attorneys for Third Party Defendant
Deutsche Bank
DAVID F. MURPHY
SIMPLE LIVING’s Second Amended Disclosures Page
Preview
CAUSE NO. 22-04-04942 BENTWATER PROERTY OWNERS IN THE DISTRICT COURT OF ASSOCIATION, INC., Plaintiff, SIMPLE LIVING HOMES, LLC, Intervenor, PREMIUM TITLE SERVICES, INC., ALTISOURCE SOLUTIONS, INC., and SIMPLE LIVING HOMES, LLC (IN MONTGOMERY COUNTY, TEXAS REM ONLY), Defendants, DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR RESIDENTIAL ACCREDIT LOANS, INC., and WESTCOR LAND TITLE INSURANCE COMPANY, Third Party Defendants. JUDICIAL DISTRICT SIMPLE LIVING HOMES, LLC (IN REM ONLY) AND SIMPLE LIVING HOMES, LLC’S SECOND AMENDED DISCLOSURES COMES NOW, Defendant, SIMPLE LIVING HOMES, LLC (IN REM ONLY) and Intervenor, SIMPLE LIVING HOMES, LLC’s (hereinafter collectively referred to as “Simple Living”) and submits the following Second Amended Disclosures in accordance with Rule 194 of the Texas Rules of Civil Procedure, and reserves the right to supplement and/or amend all disclosure responses in accordance with the Texas Rules of Civil Procedure. SIMPLE LIVING’s Second Amended Disclosures Page RESPONSES TO REQUESTS FORDISCLOSURE (a) State the correct names of the parties to the lawsuit; RESPONSE To the best of SIMPLE LIVING’s knowledge, the parties are correctly namedin: Plaintiff’s First Amended Petition filed herein by Plaintiff, BENTWATER PROPERTY OWNERS ASSOCIATION, INC.; The Original Petition in Intervention filed herein by Intervenor, SIMPLE LIVING HOMES, LLC.; and The Third Party Petition filed herein by Defendan SIMPLE LIVING HOMES, LLC (IN REM ONLY) and Intervenor, SIMPLE LIVING HOMES, LLC’ (b) State the name, address, and telephone number of any potential parties; RESPONSE SIMPLE LIVING investigating the possibility of additional potential responsible third parties and will supplement this response, if necessary (c) State the legal theories and, in general, the factual bases of the responding party's claimsor defenses; RESPONSE SIMPLE LIVING HOMES, LLC (IN REM ONLY) generally denies the claims asserted against it by Plaintiff BENTWATER PROERTY OWNERS ASSOCIATION, INC. (hereinafter “Plaintiff”) and asserts the defenses of: 1) no proximate causation; 2) fault of others; 3) proportionate responsibility; 4) offset; 5) collateral source; and ) independent superseding causes. SIMPLE LIVING HOMES, LLC (IN REM ONLY) asserts, in its Original Answer, cross claims against PREMIUM TITLE SERVICES, INC. (hereinafter “Premium Title”) and ALTISOURCE SOLUTION, INC. (hereinafter “Altisource”) for breach of contract and negligent misrepresentation. The facts supporting these defenses and cross claims are set forth in Paragraphs 8 11 and 17 22 of Plaintiff’s First Amended Petition. SIMPLE LIVING HOMES, LLC asserts, in the Original Petition in Intervention, claims against PREMIUM TITLE SERVICES, INC. and ALTISOURCE SOLUTION, INC. for breach of contract, negligence, and negligent misrepresentation. The facts supporting these defenses and cross claims are set forth in Paragraphs 8 11 and 17 22 of Plaintiff’s First Amended Petition. SIMPLE LIVING HOMES, LLC (IN REM ONLY) and SIMPLE LIVING HOMES, LLC’ assert, in the Third Party Petition claims against DEUTSCHE SIMPLE LIVING’s Second Amended Disclosures Page BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR RESIDENTIAL ACCREDIT LOANS, INC. (hereinafter “Deutsche Bank”) and WESTCOR LAND TITLE INSURANCE COMPANY (hereinafter “WLTIC”) for breach of contract, deceptive trade practices, unjust enrichment as to Deutsche Bank only and specific performance as to Deutsche Bank only. The facts supporting these claims are set forth in Paragraphs and 17 22 of the Third Party Petition. (d) State the amount and any method of calculating economic damages; RESPONSE SIMPLE LIVING’s damages include, without limitation: 1) damages of at least $65,705.93, which represents the alleged amount due and owing against the Properties; 2) an over encumbered property that is the subject of foreclosure by Plaintiff; 3) damages of at least $50,000.00 for the loss of opportunity to sell the property at a profit to Simple Living; and 4) other harm the scope of which remains unknown. (e) State the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case; RESPONSE: Bentwater Property Owner Association, Inc. c/o Roberts, Markel, Weinberg, Butler, Hailey, PC 2800 Post Oak Blvd., 57 Floor Houston, Texas 77056 Plaintiff Simple Living Homes, LLC (In Rem Only) and Simple Living Homes c/o The Law Offices of Murphy & Associates, PLLC 6700 Woodlands Pkwy, Suite 2 he Woodlands, Texas 773 DefendantIntervenor and Third Party Plaintiff Premium Title Services, I . and Altisource Solutions c/o Lewis Brisboi Bisgaard & Smith, LLP 24 Greenway Plaza, Suite 1400 Houston, Texas 77 Defendant Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc. c/o Dykema Gossett PLLC 1717 Main Street, Suite 4200 Dallas, Texas 75201 Telephone: (214) 462 6453 hird Party Defendant SIMPLE LIVING’s Second Amended Disclosures Page Westcor Land Title Insurance Company c/o Oliver Law Office 13785 Research Blvd., Suite 125 Austin, Texas 78750 Third Party Defendant or any testifying expert: (1) he expert's name, address, and telephone number; (2) he subject matter on which the expert will testify; (3) he general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; (4) f the expert isretained by, employed by, or otherwise subject to the control of the responding party: (A) ll documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and (B) he expert's current resume and bibliography; RESPONSE: SIMPLE LIVING has not retained any experts at this time, however, SIMPLE LIVINGhas filed aDesignation of Expert Witnesses that have not been retained in this matter and will amend and/or supplement, if necessary. (g) Any indemnity and insuring agreements described in Rule 192.3(f); RESPONSE: WLTIC issued a policy of title insurance to SIMPLE LIVING HOMES, LLC bearing Policy No. OP TX1058 7285797 regarding the property located at 213 Victoria Ct., 205 Victoria Ct. and 258 Edgewood Dr. in Montgomery, Texas. WLTIC denies that it has defense and/or indemnity obligations with regard to the claims asserted against SIMPLE LIVING in this matter. (h) Any settlement agreements described in Rule 192.3(g); RESPONSE:None at this time. (i) Any witness statements described in Rule 192.3(h); RESPONSE:None at this time. SIMPLE LIVING’s Second Amended Disclosures Page In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills; RESPONSE:Not applicable. (k) In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party; RESPONSE:Not applicable. (l) State the name, address, and telephone number of any person who may be designated a responsible third party. RESPONSE: SIMPLE LIVING investigating the possibility of additional potential responsible third parties and will supplement this response, if necessary. Respectfully submitted, HE AW FFICES OF URPHY SSOCIATES PLLC DAVID F. MURPHY Texas Bar No. 24092877 Woodlands Pkwy, Suite 230 The Woodlands, Texas 77382 : (281) 475 : (281) 475 admin@murphyslawpllc.com Attorneys for Defendant, Simple Living Homes, LLC and Intervenor, Simple Living Homes, LLC (In Rem Only) SIMPLE LIVING’s Second Amended Disclosures Page CERTIFICATE OF SERVICE I certify that on this day of September 2023, a true and correct copy of the foregoing was served on all opposing parties in accordance with the Texas Rules of Civil Procedure. ROBERTS MARKEL WEINBERG BUTLER HAILEY PC Gregg S. Weinberg gweinberg@rmwbh.com Laura Cabutto lcabutto@rmwbh.com 2800 Post Oak Blvd., 57 Floor Houston, Texas 77056 Telephone: (713) 561 2144 Attorneys for Simple Living Bentwater Property Owners Association, Inc. LEWIS BRISBOIS BISGAARD & SMITH LLP David J. Hargis david.hargis@lewisbrisbois.com Lamisa Chowdhury lamisa.chowdhury@lewisbrisbois.com 24 Greenway Plaza, Suite 1400 Houston, Texas 77046 Tel: (713) 659 Attorneys for Defendants Premium Title Services, Inc. and Altisource Solutions, Inc. OLIVER LAW OFFICE Andrew Oliver aoliver@oliverlawoffice.com 13785 Research Blvd., Suite 125 Austin, Texas 78750 Telephone: (512) 233 1103 Fax: (512) 551 Attorneys for Third Party Defendant Westcor Land Title Insurance Company DYKEMA GOSSETT PLLC AdamNunnallee anunnallee@dykema.com Salvador J. Robles srobles@dykema.com 1717 Main Street, Suite 4200 Dallas, Texas 75201 Telephone: (214) 462 6453 Attorneys for Third Party Defendant Deutsche Bank DAVID F. MURPHY SIMPLE LIVING’s Second Amended Disclosures Page