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RECORDER'S MEMORANDUM
201109151 6P
This instrument is of‘poor quality
at the time of maging
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CAUSE NO.
BILLIE CRAWFORD IN THE DISTRICT COURT
PLAINTIFF,
VS.
ok JUDICIAL COURT
SELECT PORTFOLIO
SERVICING, INC.
DEFENDANT FORT BEND COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION FOR SPECIFIC PERFORMANCE
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW BILLIE CRAWFORD, PLAINTIFF herein, and files this
PLAINTIFF’S ORIGINAL PETITION FOR SPECIFIC PERFORMANCE and in
support thereof would show unto this Court as follows:
PARTIES
Billie Crawford, the Title Holder of the property that is the subject of this petition,
is an individual residing in Harris County, Texas.
The property in question is located in Fort Bend County, Texas.
The party having or claiming interest in the matter made the subject of this action
is Select Portfolio Servicing, Inc. referred to herein as “the defendant” who is a
corporation doing business throughout the State of Texas and upon my belief may
be served with citation at 3815 South West Temple, Salt Lake City, UT 84115.
FILED
Ee
NATURE OF SUIT Chris Di niet
Diatriet Clerk
4. This is a Specific Performance Lawsuit.
VENUE .
By
5. Venue is mandatory in this county because the real property that is the subject
of this cause of action is located wholly within this county. C.P.R.C. 15.011
29 3L0lP
DISCOVERY LEVEL
The Plaintiff plead that discovery should be conducted under Level 2, as is
provided for in Rule 190.1, Texas Rules of Civil Procedure.
Plaintiff Billie Crawford has been the Title Holder of a certain tract of real
property and premises located at 15914 Kenbrook Dr, Missouri City, Texas 77489
and as such, has a justifiable interest in this matter.
Plaintiff has been the owner of subject property since it was acquired in 2006.
Defendant Select Portfolio Servicing, Inc is the holder of a Promissory Note
executed by Plaintiff Billie Crawford evidencing the debt to Select Portfolio
Servicing, Inc. and a Deed of Trust also executed by Plaintiff Billie Crawford
evidencing the secured interest held by Defendant Select Portfolio Servicing, Inc.
in said property.
FACTS
10. Plaintiff Crawford was in default according to the terms of the Deed of Trust
when Defendant Select Portfolio Servicing, Inc. initiated foreclosure proceedings.
11. Plaintiff Crawford entered intoan adjustable rate loan on 8/21/2006 to purchase a
home located at 15914 Kenbrook Dr., Missouri City, Texas 77489 with Argent
Mortgage Company, LLC. (Exhibit #1)
12. Due to Plaintiffs lack of understanding of how an adjustable rate mortgage
operates, she found herself upside down in her ability to pay the note.
13. The shift in the economy also contributed to Plaintiff falling behind on her
mortgage and so she sought the different modification plans that were offered to
assist in keeping her home to no avail.
14. On February 10, 2010, Plaintiff received letter stating that Defendant Select
Portfolio Servicing, Inc. was dedicated to homeownership preservation and they
wanted to help resolve the matter of default and to avoid foreclosure.(Exhibit #2)
15. After communicating with the Defendant, Plaintiff agreed to try for the Making
Home Affordable Program September 1, 2010. (Exhibit #3)
~ a
16. Plaintiff received a Notice of Default from the Defendant notifying her of the
delinquent loan and also her right to pursue court action if needed to protect her
home. (Exhibit #4)
17. On October 11, 2010, Defendant notified Plaintiff through written correspondence
that they were unable to process her request for the Home Affordable
Modification Plan due to missing information that was requested.(Exhibit #5)
18. On November 17, 2010, the Plaintiff received another letter from the Defendant
declaring that they are dedicated to homeownership preservation. In the letter
they continued to state that they had options available to help resolve the default
and avoid foreclosure. (Exhibit #6)
19. Three days later Plaintiff received another letter from the Defendant about their
desire to help her save her home and gave reference to the Obama
Administrations Home Affordable Modification Program which may lower her
payments and qualify her for incentives from the government. (Exhibit #7)
20. Each time Plaintiff received a letter from the Defendant giving reference to the
different programs but they never followed through on their commitment to help.
Defendant even stated in their letter sent to Plaintiff on November 24, 2010 that
they had received the requested information. (Exhibit #8)
21. On December 13, 2010, Plaintiff received a Notice of Acceleration and Notice of
Substitute Trustee’s Sale. (Exhibit #9)
22. After receiving the letter of Defendant’s plan to sale property in question, Plaintiff
received another letter from the Defendant confirming their receipt of
correspondence from the Plaintiff. The letter also stated plainly that they have
options available to help resolve the default and avoid foreclosure. (Exhibit #10)
23. Defendant continued to send written correspondence on December 21 & 31,2010
containing false hope and deception to rob Plaintiff of the opportunity to seek
other assistance available to help her save her property. (Exhibit #11 & #12)
24. Plaintiff therefore demand that Defendant Select Portfolio Servicing Inc. F/K/A
Fairbanks Capital Corp. As Servicing Agent for DLJ Mortgage Capital, Inc.
prove it’s ownership and right to accelerate the loan that was originally signed
with Argent Mortgage Company LLC.
25. In the Final Closing Payment, Fees and Early Prepayment Charge document,
Argent Mortgage Company, LLC asked for a 2-year commitment from Plaintiff.
Plaintiff, hereby, request that Defendant establish their time of ownership of the
loan and proof of change of title.
26. Plaintiff Billie Crawford, therefore would prayerfully request from this Court a
judicial determination of the rights of the parties herein pursuant to title.
PRAYER
Wherefore, Plaintiff Billie Crawford request that Defendant Select Portfolio
Servicing, Inc. be cited to appear and answer herein for their deceptive and
misleading trade practices, and that on final hearing, the Plaintiff have judgment as
follows:
That Defendant establish it’s right to foreclose on subject
property at 15914 Kenbrook Dr., Missouri City, TX 77489,
That due to the Defendants wrongful foreclosure action, the
Plaintiff be declared the rightful owner of the Title of subject
perty until lawsuit
is settled,
That Plaintiff be reimbursed all cost of this lawsuit and all
other cost associated with the wrongful foreclosure action,
That the sale is rescinded and the loan modification plan be
established as offered by the Defendant.
Respectflly submitted,
‘
Billie Crawford, Pro Se
5239 Canterway Dr.
Houston, TX 77048-1701
(713)584-3575
CERTIFICATE OF SERVICE
Thereby certify that a true and correct copy of the foregoing instrument, Specific
Performance Lawsuit, has been furnished to Select Portfolio Servicing, Inc. at 3815
South West Temple, Salt Lake City, UT 84115 by certified mail, return receipt requested
this day of January 2011.
Respectfully submitted,
Billie Crawford, Pro Se
5239 Canterway Dr.
Houston, TX 77048-1701
(713)584-3575
* =e —
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#€ep "oopy ==: RECORDER'S MEMORANDUM 201109151 6P This instrument is of‘poor quality at the time of maging - CAUSE NO. BILLIE CRAWFORD IN THE DISTRICT COURT PLAINTIFF, VS. ok JUDICIAL COURT SELECT PORTFOLIO SERVICING, INC. DEFENDANT FORT BEND COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION FOR SPECIFIC PERFORMANCE TO THE HONORABLE JUDGE OF SAID COURT: COME NOW BILLIE CRAWFORD, PLAINTIFF herein, and files this PLAINTIFF’S ORIGINAL PETITION FOR SPECIFIC PERFORMANCE and in support thereof would show unto this Court as follows: PARTIES Billie Crawford, the Title Holder of the property that is the subject of this petition, is an individual residing in Harris County, Texas. The property in question is located in Fort Bend County, Texas. The party having or claiming interest in the matter made the subject of this action is Select Portfolio Servicing, Inc. referred to herein as “the defendant” who is a corporation doing business throughout the State of Texas and upon my belief may be served with citation at 3815 South West Temple, Salt Lake City, UT 84115. FILED Ee NATURE OF SUIT Chris Di niet Diatriet Clerk 4. This is a Specific Performance Lawsuit. VENUE . By 5. Venue is mandatory in this county because the real property that is the subject of this cause of action is located wholly within this county. C.P.R.C. 15.011 29 3L0lP DISCOVERY LEVEL The Plaintiff plead that discovery should be conducted under Level 2, as is provided for in Rule 190.1, Texas Rules of Civil Procedure. Plaintiff Billie Crawford has been the Title Holder of a certain tract of real property and premises located at 15914 Kenbrook Dr, Missouri City, Texas 77489 and as such, has a justifiable interest in this matter. Plaintiff has been the owner of subject property since it was acquired in 2006. Defendant Select Portfolio Servicing, Inc is the holder of a Promissory Note executed by Plaintiff Billie Crawford evidencing the debt to Select Portfolio Servicing, Inc. and a Deed of Trust also executed by Plaintiff Billie Crawford evidencing the secured interest held by Defendant Select Portfolio Servicing, Inc. in said property. FACTS 10. Plaintiff Crawford was in default according to the terms of the Deed of Trust when Defendant Select Portfolio Servicing, Inc. initiated foreclosure proceedings. 11. Plaintiff Crawford entered intoan adjustable rate loan on 8/21/2006 to purchase a home located at 15914 Kenbrook Dr., Missouri City, Texas 77489 with Argent Mortgage Company, LLC. (Exhibit #1) 12. Due to Plaintiffs lack of understanding of how an adjustable rate mortgage operates, she found herself upside down in her ability to pay the note. 13. The shift in the economy also contributed to Plaintiff falling behind on her mortgage and so she sought the different modification plans that were offered to assist in keeping her home to no avail. 14. On February 10, 2010, Plaintiff received letter stating that Defendant Select Portfolio Servicing, Inc. was dedicated to homeownership preservation and they wanted to help resolve the matter of default and to avoid foreclosure.(Exhibit #2) 15. After communicating with the Defendant, Plaintiff agreed to try for the Making Home Affordable Program September 1, 2010. (Exhibit #3) ~ a 16. Plaintiff received a Notice of Default from the Defendant notifying her of the delinquent loan and also her right to pursue court action if needed to protect her home. (Exhibit #4) 17. On October 11, 2010, Defendant notified Plaintiff through written correspondence that they were unable to process her request for the Home Affordable Modification Plan due to missing information that was requested.(Exhibit #5) 18. On November 17, 2010, the Plaintiff received another letter from the Defendant declaring that they are dedicated to homeownership preservation. In the letter they continued to state that they had options available to help resolve the default and avoid foreclosure. (Exhibit #6) 19. Three days later Plaintiff received another letter from the Defendant about their desire to help her save her home and gave reference to the Obama Administrations Home Affordable Modification Program which may lower her payments and qualify her for incentives from the government. (Exhibit #7) 20. Each time Plaintiff received a letter from the Defendant giving reference to the different programs but they never followed through on their commitment to help. Defendant even stated in their letter sent to Plaintiff on November 24, 2010 that they had received the requested information. (Exhibit #8) 21. On December 13, 2010, Plaintiff received a Notice of Acceleration and Notice of Substitute Trustee’s Sale. (Exhibit #9) 22. After receiving the letter of Defendant’s plan to sale property in question, Plaintiff received another letter from the Defendant confirming their receipt of correspondence from the Plaintiff. The letter also stated plainly that they have options available to help resolve the default and avoid foreclosure. (Exhibit #10) 23. Defendant continued to send written correspondence on December 21 & 31,2010 containing false hope and deception to rob Plaintiff of the opportunity to seek other assistance available to help her save her property. (Exhibit #11 & #12) 24. Plaintiff therefore demand that Defendant Select Portfolio Servicing Inc. F/K/A Fairbanks Capital Corp. As Servicing Agent for DLJ Mortgage Capital, Inc. prove it’s ownership and right to accelerate the loan that was originally signed with Argent Mortgage Company LLC. 25. In the Final Closing Payment, Fees and Early Prepayment Charge document, Argent Mortgage Company, LLC asked for a 2-year commitment from Plaintiff. Plaintiff, hereby, request that Defendant establish their time of ownership of the loan and proof of change of title. 26. Plaintiff Billie Crawford, therefore would prayerfully request from this Court a judicial determination of the rights of the parties herein pursuant to title. PRAYER Wherefore, Plaintiff Billie Crawford request that Defendant Select Portfolio Servicing, Inc. be cited to appear and answer herein for their deceptive and misleading trade practices, and that on final hearing, the Plaintiff have judgment as follows: That Defendant establish it’s right to foreclose on subject property at 15914 Kenbrook Dr., Missouri City, TX 77489, That due to the Defendants wrongful foreclosure action, the Plaintiff be declared the rightful owner of the Title of subject perty until lawsuit is settled, That Plaintiff be reimbursed all cost of this lawsuit and all other cost associated with the wrongful foreclosure action, That the sale is rescinded and the loan modification plan be established as offered by the Defendant. Respectflly submitted, ‘ Billie Crawford, Pro Se 5239 Canterway Dr. Houston, TX 77048-1701 (713)584-3575 CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the foregoing instrument, Specific Performance Lawsuit, has been furnished to Select Portfolio Servicing, Inc. at 3815 South West Temple, Salt Lake City, UT 84115 by certified mail, return receipt requested this day of January 2011. Respectfully submitted, Billie Crawford, Pro Se 5239 Canterway Dr. Houston, TX 77048-1701 (713)584-3575 * =e —