Foreclosure Scam Squad Series: Cameron Namazi Sued as Retaliation Breaks Out

ORDER SIGNED DENYING MOTION T0 DISMISS (TCPA)

Black Stone Investment Group (23-33848)

United States Bankruptcy Court, S.D. Texas

Motion to dismiss under advisement since hearing on Jul 11, 2023.

Docket screenshot.

Docket screenshot.

Petition with Exhibits and SIGNED TRO but Exhibit “B” notably missin’ (TRO Hearin’ Feb 17)

Goodrum on LIT

Plaintiff’s Motion to Compel

Plaintiff’s Motion for Summary Judgment

Plaintiff’s Motion to Show Authority

Plaintiff’s First Supplemental Petition Against Defendants Blackstone Investment Group LLC and Ann Banda

ORDER GRANTING WITHDRAWAL OF ATTORNEY SIGNED

Suggestion of Death (6 months to report it).

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Plaintiff BLACK STONE INVESTMENT GROUP LLC d/b/a/ Blackstone Construction and Restoration (BLACKSTONE) asks the Court to authorize substitute service of process on Defendant FOWZI NAZANIN (a/k/a FOWZI BEKHRADI NAZANIN) pursuant to TRCP 106(b).

BLACKSTONE filed this suit on sworn account, breach of contract, and quantum meruit and for foreclosure of a mechanic’s lien against the Defendant relating to remediation of freeze damage and mitigation, repairs and remodeling services as requested, and for which she has failed to pay.

Process Server Margarett D. Vozar (“Vozar”) unsuccessfully attempted personal service upon FOWZI NAZANIN (a/k/a FOWZI BEKHRADI NAZANIN) on three separate occasions pursuant to TRCP 106(a)(1) at her usual place of abode, 5367 Fieldwood Dr., Houston, TX 77056.

On Monday, August 22, 2022, at 4:51 PM, a 1st attempt was made to deliver documents to FOWZI NAZANIN at 5367 Fieldwood Dr., Houston, TX 77056. A middle-aged man answered the door identifying himself as Fowzi Nazanin’s husband. He stated she was in LA with her mother who

is ill. He stated he expected her back next week. Ms. Vozar left her business card and asked him to contact her when his wife was back in town. He asked what was being delivered and Ms. Vozar informed him they were legal documents. He asked who was suing his wife and Ms. Vozar said Blackstone Investment Group, he seemed to acknowledge he knew Blackstone by the way he nodded his head.

On Thursday September 1, 2022, after not hearing from the subject, Ms. Vozar made a 2nd attempt to deliver legal papers to FOWZI NAZANIN at the address above. The same middle-aged man again answered the door. He stated Fowzi Nazanin was still in LA and now her mother was hospitalized. He did not know when she would be home. Ms. Vozar asked if he would accept service if we were given permission by a judge. He responded that he would.

On Friday, September 2, 2022, Ms. Vozar received a phone call from 713-398-0065. The caller identified himself as Alphonso, the husband of the woman to whom she was attempting to deliver legal papers. He then stated he had called his wife who believes these legal papers are for her mother who she is with, in LA, at the hospital. The mother is 90 years old and extremely ill. The mother has previously lived with Alphonso and his wife.

BLACKSTONE attaches the affidavit of Margarett D. Vozar detailing these events to this motion, and requests this Court grant this Motion for Service under Rule 106(b) on FOWZI NAZANIN (a/k/a FOWZI BEKHRADI NAZANIN) and allow service by posting or delivering to any person over sixteen (16) years of age at the residence.

Because the Plaintiff has attempted to serve the Defendant pursuant to TRCP 106(a)(1) but has not been successful, Plaintiff asks the Court to authorize them to serve the Defendant by:

(a)                leaving a copy of the citation together with a copy of Plaintiff’s Original Petition and the order authorizing substitute service attached to anyone over the age of sixteen (16) years of age at 5367 Fieldwood Dr., Houston, TX 77056. ; or

(b)               by firmly affixing a true copy of the citation together with a copy of Plaintiff’s Original Petition and the order authorizing substitute service attached to the front door of 5367 Fieldwood Dr., Houston, TX 77056.

For these reasons, Plaintiff BLACK STONE INVESTMENT GROUP LLC d/b/a/ Blackstone Construction and Restoration (BLACKSTONE) asks the Court to authorize substitute service on Defendant FOWZI NAZANIN (a/k/a FOWZI BEKHRADI NAZANIN).

Respectfully Submitted, WALTER LAW FIRM, P.C.

/s/ Teri A Walter

TERI A. WALTER
Texas Bar No. 20815100
1111 North Loop West, Suite 1115
Houston, TX 77008
Phone 713 529-2020
Fax       713 529-2266

Email: twalter@prevaillawyers.com
ATTORNEY FOR PLAINTIFF
BLACK STONE INVESTMENT GROUP, LLC,
d/b/a BLACKSTONE Construction and Restoration

Addendum to Return of Service

Order on Motion to Dismiss

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03354

RECAP Actions

Date Filed	#	Docket Text
11/04/2022	6	NOTICE of No Response re: 5 MOTION to Dismiss by Wilmington Savings Fund Society, filed. (McKleroy, Michael) (Entered: 11/04/2022)
01/20/2023	7	NOTICE of Change of Firm for Bryan T. Brown by Wilmington Savings Fund Society, filed. (Brown, Bryan) (Entered: 01/20/2023)
01/31/2023	8	JOINT DISCOVERY/CASE MANAGEMENT PLAN by Wilmington Savings Fund Society, filed. (Attachments: # 1 Proposed Scheduling Order)(Brown, Bryan) (Entered: 01/31/2023)
02/02/2023	9	NOTICE of Change of Firm for Michael McKleroy & C. Charles Townsend by Wilmington Savings Fund Society, filed. (McKleroy, Michael) (Entered: 02/02/2023)

NOTICE OF NO RESPONSE TO WILMINGTON’S DISMISSAL MOTION

In addition to the grounds stated in Wilmington Savings Fund Society, FSB, not individually but solely as trustee for Finance of America Structured Securities Acquisition Trust 2019-HB1’s (Wilmington), incorrectly sued as Wilmington Savings Fund Society, FSB and Finance of America Structured Securties [sic] Acquision [sic] Trust 2019-HB1, dismissal motion (dkt. 5), the court may also assume NCN, LLC does not oppose dismissal because it has not filed any opposition to it.

1.                  Wilmington moved for judgment on NCN’s pleadings on October 12, 2022.

2.                  NCN’s response was due November 2, 2022. LR 7.4 (A).

3.                  NCN has not filed a response.

4.                  “Failure to respond to a motion will be taken as a representation of no opposition.” LR 7.4.

5.                  Shellpoint requests the court grant its dismissal motion with prejudice pursuant to the reasons detailed in the motion and as unopposed pursuant to local rule 7.4.

Date: November 4, 2022

Respectfully submitted,

/s/ Michael J. McKleroy

Michael J. McKleroy
SBN: 24000095, FBN: 57609
michael.mckleroy@akerman.com

–Attorney in Charge

C. Charles Townsend
SBN: 24028053, FBN: 1018722
charles.townsend@akerman.com

Bryan T. Brown
SBN: 24055219, FBN: 946689
bryan.brown@akerman.com

AKERMAN LLP
2001 Ross Avenue, Suite 3600
Dallas, Texas 75201
Telephone: 214.720.4300
Facsimile: 214.981.9339

ATTORNEYS FOR DEFENDANT WILMINGTON SAVINGS FUND
SOCIETY, FSB, not individually but solely as trustee for Finance of America Structured Securities Acquisition Trust 2019-HB1

CERTIFICATE OF SERVICE

A true and correct copy of this document was served on November 4, 2022 as follows:

NCN, LLC
c/o Cameron Namazi
1246 Lorraine Street, Suite A Houston, Texas 77009
Pro se plaintiff

VIA CERTIFIED MAIL RECEIPT NO. 9414 7266 9904 2195 7010 95 AND FIRST-CLASS U.S. MAIL

/s/ Bryan T. Brown

Bryan T. Brown