A Lone Deed and a Legal Outlaw: Mark Hopkins Battles a Defiant Property Owner in Fort Bend County

Case No. 24-DCV-321322

Abdul K. Siddiqui and Nayab Farid Qureshi, v. Alonso A. Tamez

Fort Bend County, Texas

SEP 24, 2024 | REPUBLISHED BY LIT: MAY 7, 2025

PLAINTIFFS’ ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, Plaintiffs Abdul K. Siddiqui and Nayab Farid Qureshi (“Plaintiffs”) and file this its Original Petition against Defendant Alonso A. Tamez (“Defendant”), and in support thereof would respectfully show the Court as follows:

I. DISCOVERY LEVEL

1.               Discovery is intended to be conducted under Level 2 in accordance with Tex. R. Civ. P. 190.4.

II. PARTIES

2.               Plaintiffs Abdul K. Siddiqui and Nayab Farid Qureshi are individuals residing in Fort Bend County, Texas and are appearing herein through counsel.

3.               Defendant Alonso A Tamez may be served with process at 3151 Shawnee Drive, Sugar Land, Texas 77479.

III. JURISDICTION AND VENUE

4.               Venue is proper because the subject property is located in Fort Bend County, Texas. Further, the Court has jurisdiction over this matter because Plaintiffs seek damages in an amount exceeding the jurisdictional minimum of the Court.

5.               Pursuant to Tex. R. Civ. P. 47, Plaintiffs seek non-monetary relief and monetary relief of $100,000.00, or less.

IV. BACKGROUND

6.               On or about August 27, 2022, Defendant sold real property commonly known as 5003 Ridgevan Dr, Houston, Texas 77053 (the “Property”) to Rio Acquisitions Properties & Investments.

The Warranty Deed reflecting the conveyance is recorded in the Official Public Records of Fort Bend County, Texas as Document No. 2022113890.

Unfortunately, and believed to be an accident or mistake by Defendant, the recorded Warranty Deed failed to attach, as Exhibit A, the legal description of the property despite the Warranty Deed referencing an Exhibit A.

7.               It is apparent that the Property was the property intended to be conveyed by Defendant to Rio Acquisitions given that Defendant ‘seller financed’ the sale to Rio Acquisitions, and Defendant secured his financing with a Deed of Trust encumbering the Property.

The Deed of Trust contains the legal description of the Property that should have also been included in the Warranty Deed.

The Deed of Trust is recorded in the Official Public Records of Fort Bend County, Texas as Document No. 2022113891.

As reflected in the Deed of Trust, the Property is legally described as:

Tract 38, being a part of Lot 16, Block 7 of Ridgemont, Section 1, being recorded in Volume 6, Page 14, of the Fort Bend County Plat Records Fort

Bend County, Texas said Tract 38 being more particularly described as follows, to wit;

Beginning at the Southwesterly Corner of the intersection of East Ridgecreek Drive (60’ row) and Ridgevan Drive (60’row);

Thence following a curve to the left having a central angel of 13 deg 30 min 22 sec and a radius of 550.00 feet; a distance of 129.65 feet to the point of curvature of said curve;

Thence following a curve to the left having a central angel of 66 deg 44 min 02 sec and a radius of 950.00 feet, a distance of 207.25 feet to the place of beginning of this survey;

Thence South 46 deg 08 min 32 sec West a distance of 111.12 feet to a point for corner;

Thence North 39 deg 52 min 37 sec West a distance of 27.73 feet to a point for corner;

Thence North 41 deg 16 min 41 sec East a distance of 108.86 feet to a point for corner;

Thence following a curve to the right having a central angle of 66 deg 44 min o2 Sec and a radius of 950.00 feet, a distance of 36.92 feet to the place of beginning of this survey.

(the “Legal Description”).

8.               Rio Acquisitions Properties & Investments subsequently sold the Property to the Plaintiffs on June 6, 2023, with the General Warranty Deed into Plaintiffs being recorded in the Official Public Records of Fort Bend County, Texas as Document No. 2023032115.

The General Warranty Deed into Plaintiffs contains the Legal Description for the Property.

9.               The failure of Defendant to properly include the Legal Description to the Property within his Warranty Deed into Rio Acquisitions has created confusion regarding the ownership of the Property.

More specifically, but not limiting the injuries being suffered by Plaintiffs, Plaintiffs are unable to have the local taxing authority correct the tax rolls to reflect that Plaintiffs own the Property, the result being that Plaintiffs’ efforts to pay the property taxes on the Property are being hindered.

Plaintiffs were able to eventually receive a payoff request for unpaid taxes due and payable to Fort Bend Independent School District and the City of Houston, inclusive of additional fees and expenses compared to if the taxes had been paid when originally due.

It was later determined that the late payoff requests were due to the omission of the legal description in the recorded deed from Defendant to Rio Acquisitions Properties & Investments.

The omission has resulted in Defendant’s name remaining in the taxing authorities’ system as being associated with the Property.

10.            Plaintiffs have contacted Defendant on multiple occasions requesting that Defendant simply provide his assistance in recording a corrective warranty deed that includes the Legal Description for the Property.

Plaintiffs have even offered to cause the needed corrective deed to be drafted and recorded at Plaintiff’s expense, the only needed assistance from Defendant being his notarized signature on the corrective warranty deed.

Defendant has failed and refused to assist Plaintiffs. Defendant’s failure to assist is the reason for the filing of this lawsuit.

11.            The Warranty Deed executed by Defendant into Rio Acquisitions Properties & Investments contains a warranty of title.

The Warranty Deed reads in part:

Grantor binds Grantor and Grantor’s heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee’s heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof …

12.            Plaintiffs are the successors in title to Rio Acquisitions Properties & Investments.

Further, taxing authorities have asserted claims against the Property in a manner adverse to Plaintiffs’ interest in the Property due to Defendant’s errant warranty deed.

The issue can be easily corrected with Defendant’s assistance, yet Defendant has forced this litigation due to his refusal to act and defend title in favor of Plaintiffs as the warranty deed requires.

V. CAUSES OF ACTION

A.        Breach of Warranty of Title

13.              Under Texas law, the elements of a cause of action for breach of warranty of title are:

(1) execution and delivery of a deed containing a covenant of warranty of title;

(2) a failure of title and the actual or constructive eviction of the plaintiff;

and

(3) consideration paid by the plaintiff. Plaintiffs assert that the warranty deed executed by Defendant to Rio Acquisitions Properties & Investments evidences the execution and delivery of a deed containing a covenant of warranty of title.

When the title defect was discovered, Defendant refused to correct it. Plaintiffs have suffered injury and expense in trying to correct Defendant’s error and to bring clarity to the real property records regarding the Property.

Plaintiffs have been required to obtain legal counsel to assist with forcing Defendant to honor his warranty of title.

Plaintiffs are entitled to the reimbursement of its costs of correcting the warranty deed, damages incurred as a result of additional assessments levied against the Property due to the late payment of taxes, and attorneys’ fees.

VI. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs request that, upon final hearing, the court enter judgment for Plaintiffs as requested herein requiring Defendant to execute a corrective warranty deed, cost of court, actual damages, attorneys’ fees, and grant Plaintiffs any and all other relief, in law and in equity, to which Plaintiffs have shown themselves to be justly entitled.

Respectfully submitted,

HOPKINS LAW, PLLC

By:      /s/ Mark D. Hopkins

Mark D. Hopkins

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— lawsinusa (@lawsinusa) May 7, 2025