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No. 18-12-16904
WOODFOREST NATIONAL BANK IN THE DISTRICT COURT
v MONTGOMERY COUNTY, TEXAS
TODD LORING LUFT 284" JUDICIAL DISTRICT
PLAINTIFF’S MOTI FOR DEFAUL' DGMEN
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Woodforest National Bank (“Woodforest”), the Plaintiff in the above-
entitled and numbered cause and moves for a Default Judgment, and in support of this Motion
respectfully shows the Court the following:
1. The Plaintiff's suit is based upon an obligation as pled in the Plaintiff's Petition, which
petition and exhibits thereto are incorporated for all purposes as if stated verbatim.
2. After suit was filed, Defendant was served with process in this case, but has not filed an
answer. The citation has been returned to the Clerk, where it has remained on file for the time
required by law, and the appearance day for the Defendant has passed. The Plaintiff's cause of
action is based on a liquidated demand. As shown by the pleadings, there is no genuine issue as to
any material fact between the parties, and the Plaintiff is entitled to a Default Judgment as a matter
of law.
3. The Defendant executed a Promissory Note, dated September 4, 2015, in the original
principal amount of $35,000.00 (“Note”). True and correct copies of the Note, a statement of the
amounts owed on the Note, and a loan payment history are attached. Woodforest is the legal owner
and holder in due course of the Note. The Defendant has defaulted by failing to make the payments
required under the terms of the Note, and as of November 6, 2018, $16,930.35 is owed on the Note,
plus interest accruing thereafter (not to exceed any interest allowed by law) on the principal balance
of $16,620.86, at the Default Interest Rate of 9.50% per annum (4.50% plus 5% per annum), plus
reasonable attorneys fees, and other costs.
4. The repayment of the Note is secured in accordance with a Membership Pledge and
Security Agreement, a copy of which is attached, under the terms of which, Woodforest, as the
holder of the Note, was granted a security interest in an Equity Sports/Social Membership Interest
in The Club At Carlton Woods (“Collateral”) to secure the amounts owed on the Note.
5. The Note is in default due to the failure to make the payments as required under the terms
of the Note. Woodforest requests an order for judicial foreclosure of the security interest in its
collateral.
6. Woodforest has performed all conditions precedent for recovery of the amounts owed and
for all other relief requested in this motion.
7. Because of the failure to pay, the Plaintiff has retained the law firm of Goodwin &
Harrison, L.L.P. and has had to pay attorneys fees for legal services, which the Defendant is
obligated to pay, as pled in the Plaintiff's Petition.
8. Plaintiff refers the court to the affidavit of Joseph Clepper, and of the attorney for the
Plaintiff, which are submitted in support of this motion.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court grant the
following relief:
1 That the Court grant a Default Judgment for the principal and interest prayed for in
Plaintiff's Petition;
2 That the Court grant attorneys fees as prayed for in Plaintiff's Petition; and
3 That Plaintiff be given such other and further relief, at law or in equity, general or
special, to which it may show itself justly entitled.
Respectfully submitted,
Goodwin & Harrison, L.L.P.
Db MU bye
Joéf M. Harrison
State Bar No. 09116300
P. O. Box 8278
The Woodlands, Texas 77387-8278
(281) 363-3136
Fax: (281) 363-3215
Email: josh oodwin-harrison.com
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
This is to certify that true and correct copies of the Plaintiff's Motion for Default Judgment,
along with the affidavits filed in support of this Motion, and the proposed Default Judgment
aaa
ubpyitted for the approval of the Court, have been served on the following, on the_ /¢
20f t:
day of
Todd Loring Luft
26 Solebrook Path
Tomball, Texas 77375
CM-RRR # 7017 2400 0000 7859 8347
and Regular U.S. Mail:
MEM
bee bliu
J&h M. Harrison
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No. 18-12-16904 WOODFOREST NATIONAL BANK IN THE DISTRICT COURT v MONTGOMERY COUNTY, TEXAS TODD LORING LUFT 284" JUDICIAL DISTRICT PLAINTIFF’S MOTI FOR DEFAUL' DGMEN TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Woodforest National Bank (“Woodforest”), the Plaintiff in the above- entitled and numbered cause and moves for a Default Judgment, and in support of this Motion respectfully shows the Court the following: 1. The Plaintiff's suit is based upon an obligation as pled in the Plaintiff's Petition, which petition and exhibits thereto are incorporated for all purposes as if stated verbatim. 2. After suit was filed, Defendant was served with process in this case, but has not filed an answer. The citation has been returned to the Clerk, where it has remained on file for the time required by law, and the appearance day for the Defendant has passed. The Plaintiff's cause of action is based on a liquidated demand. As shown by the pleadings, there is no genuine issue as to any material fact between the parties, and the Plaintiff is entitled to a Default Judgment as a matter of law. 3. The Defendant executed a Promissory Note, dated September 4, 2015, in the original principal amount of $35,000.00 (“Note”). True and correct copies of the Note, a statement of the amounts owed on the Note, and a loan payment history are attached. Woodforest is the legal owner and holder in due course of the Note. The Defendant has defaulted by failing to make the payments required under the terms of the Note, and as of November 6, 2018, $16,930.35 is owed on the Note, plus interest accruing thereafter (not to exceed any interest allowed by law) on the principal balance of $16,620.86, at the Default Interest Rate of 9.50% per annum (4.50% plus 5% per annum), plus reasonable attorneys fees, and other costs. 4. The repayment of the Note is secured in accordance with a Membership Pledge and Security Agreement, a copy of which is attached, under the terms of which, Woodforest, as the holder of the Note, was granted a security interest in an Equity Sports/Social Membership Interest in The Club At Carlton Woods (“Collateral”) to secure the amounts owed on the Note. 5. The Note is in default due to the failure to make the payments as required under the terms of the Note. Woodforest requests an order for judicial foreclosure of the security interest in its collateral. 6. Woodforest has performed all conditions precedent for recovery of the amounts owed and for all other relief requested in this motion. 7. Because of the failure to pay, the Plaintiff has retained the law firm of Goodwin & Harrison, L.L.P. and has had to pay attorneys fees for legal services, which the Defendant is obligated to pay, as pled in the Plaintiff's Petition. 8. Plaintiff refers the court to the affidavit of Joseph Clepper, and of the attorney for the Plaintiff, which are submitted in support of this motion. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court grant the following relief: 1 That the Court grant a Default Judgment for the principal and interest prayed for in Plaintiff's Petition; 2 That the Court grant attorneys fees as prayed for in Plaintiff's Petition; and 3 That Plaintiff be given such other and further relief, at law or in equity, general or special, to which it may show itself justly entitled. Respectfully submitted, Goodwin & Harrison, L.L.P. Db MU bye Joéf M. Harrison State Bar No. 09116300 P. O. Box 8278 The Woodlands, Texas 77387-8278 (281) 363-3136 Fax: (281) 363-3215 Email: josh oodwin-harrison.com Attorneys for Plaintiff CERTIFICATE OF SERVICE This is to certify that true and correct copies of the Plaintiff's Motion for Default Judgment, along with the affidavits filed in support of this Motion, and the proposed Default Judgment aaa ubpyitted for the approval of the Court, have been served on the following, on the_ /¢ 20f t: day of Todd Loring Luft 26 Solebrook Path Tomball, Texas 77375 CM-RRR # 7017 2400 0000 7859 8347 and Regular U.S. Mail: MEM bee bliu J&h M. Harrison