Document for Tom Ragsdale VS. Hometrader, LLC, Todd Garrett d/b/a Rapid Response Judgment Enforcement

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                                TOM RAGSDALE,                              §       IN THE DISTRICT COURT OF
     PLAINTIFF                             §
                                           §
V.                                         §       MONTGOMERY COUNTY, TEXAS
                                           §
HOMETRADER LLC AND                         §
TODD GARRETT D/B/A RAPID                   §
RESPONSE JUDGMENT                          §
ENFORCEMENT,                               §
     DEFENDANTS                            §       284   JUDICIAL DISTRICT

               HOMETRADER LLC’S ORIGINAL COUNTERCLAIM
     Defendant/Counter-Plaintiff, HOMETRADER LLC, files this original counterclaim and




     HOMETRADER LLC is a domestic (Texas) limited liability company lawfully doing



     Plaintiff/Counter-Defendant, Tom Ragsdale (“Ragsdale”) is an individual resident of the

                                    ppeared in this cause and may be served by and through his



     This court has jurisdiction over this counterclaim because the amount in controversy is

     within the jurisdictional limits of the court. Venue for this counterclaim is proper in this

     county or any county into which this cause may be transferred pursuant to Tex. Civ. Prac

     & Rem. Code § 15.062.

     On or about November 8, 2010, Ragsdale acquired the real property commonly known as

     169 Westlake Point, Montgomery, Texas 77356 and being more particularly described as

     Lot 3, in Block 2, of Bentwater, Section Eighty-Nine, a subdivision in Montgomery




HOMETRADER LLC’S ORIGINAL COUNTERCLAIM
Page 1 of 4
     County, Texas, according to the Map or Plat thereof recorded in Cabinet T, Sheets 174 and

                                          ery County, Texas (the “Prope

     The Warranty Deed with Vendor’s Lien which conveyed absolute title to the Property to

     Ragsdale is recorded in Doc. # 2010101216 in the Official Public Records of Montgomery



     HOMETRADER LLC purchased the Property at a Constable’s sale, on or about January

                                                    he Property in fee simple

     The Constable’s Deed which conveyed absolute title to the Property to HOMETRADER

     LLC is recorded in Doc. # 2023004439 in the Official Public Records of Montgomery



     Afterward, Ragsdale entered upon the Property and continues to use and occupy the

     Property and to claim title to the Property, thereby depriving HOMETRADER LLC of

     possession of the Property and/or withholding possession of the Property from

     HOMETRADER LLC.

     As the fee simple owner of the Property, HOMETRADER LLC is entitled to possession of



     Assuming a fair condition, the fair market monthly rental value of the Property of which

     HOMETRADER LLC is being deprived by Ragsdale’s continuing use and occupancy of

     the Property is at least $4,000.00 per month. HOMETRADER LLC reserves the right to

     amend this amount after conducting

     HOMETRADER LLC is entitled to a judgment against Ragsdale for title and possession

     of the Property and for monetary damages arising from HOMETRADER LLC’s loss of

     rents and/or profits.



HOMETRADER LLC’S ORIGINAL COUNTERCLAIM
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     All conditions precedent to HOMETRADER LLC’s recovery of judgment against

     Ragsdale have been performed or have occurred.

     Pursuant to Tex. R. Civ. P. 193.7, HOMETRADER LLC hereby notifies Ragsdale of

     its intent to use all documents produced by any party to this litigation at any pre-trial

     proceeding and at trial.

     Counter-Plaintiff, HOMETRADER LLC, prays that Counter-Defendant, Tom Ragsdale,

     be cited to appear and answer and that HOMETRADER LLC be awarded final judgment



            For a decree that HOMETRADER LLC holds superior fee simple title to the



            For possession of the Property and all writs necessary to secure possession of the



            For all actual damages within the jurisdictional limits of the



            For post-judgment interest

                                         t may be entitled in law or equi




HOMETRADER LLC’S ORIGINAL COUNTERCLAIM
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                                           Respectfully submitted,

                                           By: /s/Johnny Taylor




                                           ATTORNEY FOR DEFENDANT/COUNTER-
                                           PLAINTIFF,


                                    Certificate of Service

       I hereby certify that a true a                             document was this 21st day
of September, 2023 served upon all pa

                                                Joel Amos Gordon,
        Attorney for Tom Ragsdale
        (via efiling/email)                     Response Judgment Enforcement
                                                (via efiling/email)


                                           /s/Johnny Taylor




HOMETRADER LLC’S ORIGINAL COUNTERCLAIM
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