202283588
SHAH, SANDEEP SUNIL (AKA SANDEEP S SHAH) vs. CAPITAL BANK
DEC 28, 2022 | REPUBLISHED BY LIT: DEC 28, 2022
This Rule 11 Stipulation is by and between Sandeep Sunil Shah aka Sandeep Shah (“Shah”), Milton Richard Cutler (“Cutler”) and Capital Bank (“Capital”).
WHEREAS on or about February 22, 2018, Shah executed that certain Real Estate Lien Note in the original principal amount of $1,250,000.00 dated February 22, 2018 payable to Capital Bank (“the Note”);
WHEREAS the Note was secured by a first lien in certain real property located in Harris County, Texas described as
TRACT 23 B OF TOWN OF BELLAIRE, AMENDING PLAT NO. 1, AN ADDITON IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED UNDER FILM CODE NO. 614271 OF THE MAP AND/OR PLAT RECORDS OF HARRIS COUNTY, TEXAS (the“Property”) as evidenced by that certain Deed of Trust dated February 22, 2018 filed of record under Clerk’s file No. RP-2018-77094 in the Official Real Property Records of Harris County, Texas (the “Deed of Trust”).
WHEREAS the Note was further secured by an Assignment of Rents dated February 22, 2018 executed by Shah and filed of record under Clerk’s File No. RP-2018-77095.
WHEREAS Shah transferred the Property securing the Note to the Cutler Law Group, P.C who then transferred the Property to Milton Richard Cutler (“Cutler”);
WHEREAS the transfer of the Property was done without the consent of Capital and without its consent;
WHEREAS the transfer of the Property violated Paragraph 21 of the Deed of Trust (the “Due on Sale Clause”);
WHEREAS on or about November 30, 2022 Capital accelerated the Note and notice of acceleration was sent to Shah;
WHEREAS the Property was posted for foreclosure for January 3, 2023 (the “Foreclosure Sale”);
WHEREAS Cutler has represented that heand/or Shah is refinancing and/or selling the Property which will close on or about December 30, 2022 and will fund by January 6, 2023;
WHEREAS Shah filed Cause No. 202283588; styled Sandeep Sunil Shah aka Sandeep S. Shah vs Capital Bank in the 129th Judicial District Court of Harris County, Texas (the “Lawsuit”) seeking a TRO to prevent the foreclosure sale;
WHEREAS Cutler, Shah and Capital have reached an agreement with regard to the Foreclosure Sale and the TRO;
NOW, THEREFORE in consideration of the promises and the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Capital Bank will agree to pass the foreclosure sale set for January 2, 2023.
2. Cutler and/or Shah will close the pending sale (or refinance) of the Property on or about December 30, 2022 and such sale shall fund and pay the full payoff to Capital Bank on or before January 6, 2023.
3. As further consideration for passing the foreclosure sale, Shah and/or Cutler will dismiss the Lawsuit immediately after this Rule 11 agreement is filed with the Court,
4. Cutler and Shah agree that if the sale and funding are not finalized by January 6, 2023, Capital can repost the Property for a February 2023 foreclosure sale and Cutler and Shah will not seek another temporary restraining order.
5. Shah shall pass the hearing on the temporary restraining order set for 4:30 p.m. on December 29, 2022.
6. This Agreement is the entire agreement between the parties. There are no other oral agreements.
Respectfully submitted,
LAW OFFICE OF MYNDE S. EISEN, P.C.
By /s/ Mynde S. Eisen
Mynde S. Eisen
State Bar No. 06503950
6546 Greatwood Parkway, Suite C
Sugar Land, Texas 77479
(281) 545-8600
Email: myndeeisen@eisenlawoffice.com
ATTORNEYS FOR DEFENDANT CAPITAL BANK
The former home of Cutler, 4822 Linden St., Bellaire sold Oct 2022. The 4904 Beech St., Bellaire “sale” is going thru for end of Dec from Shah to Cutler.
HCAD shows Cutler Law Group, PC (2019) and Cutler (2022) already on the title after the Shah mortgage (2018) and “purchase” (2016).
So what’s the real relationship been between Shah and Cutler, after Cutler moved for bankruptcy protection in 2015?
M. RICHARD CUTLER founded Cutler Law Group in 1996.
Mr. Cutler has practiced in the general corporate and securities area and international business transactions since his graduation from law school.
Mr. Cutler is a graduate of Brigham Young University (B.A., magna cum laude, 1981); and Columbia University School of Law (J.D. 1984).
While at Columbia, Mr. Cutler was honored as a Harlan Fiske Stone Scholar, was Managing Editor of the Columbia Journal of Law and Social Problems, received a Recognition of Achievement with Honors in Foreign and International Law, Parker School of Foreign and Comparative Law and was honored for best senior writing for “United States v. Ross: A Solution to the Automobile Container Dilemma?” published in the Columbia Journal of Law & Social Problems in 1983.
Mr. Cutler was admitted to the State Bar of Texas in 1984 and the State Bar of California in 1990.
After law school, Mr. Cutler joined Jones, Day, Reavis & Pogue where he practiced in the corporate, securities and mergers and acquisitions departments. Mr. Cutler subsequently spent five years in the corporate and securities department in the Dallas office of Akin, Gump, Strauss, Hauer & Feld.
After moving to the west coast, Mr. Cutler was with the Los Angeles office of Kaye, Scholer, Fierman, Hayes & Handler, a New York based law firm, where he continued his corporate securities practice.
In 1991, Mr. Cutler founded the law firm of Horwitz, Cutler & Beam in Anaheim California, a general practice firm, where he managed the corporate and securities practice for five years.
In 1996, Mr. Cutler formed Cutler Law Group in Newport Beach, California, a firm which specializes only in general business, corporate and securities law, as well as international business transactions. Cutler Law Group moved to Augusta, Georgia in September 2002, where he continued to practice law and operated The Club at Raes Creek, a first class swim, tennis and fitness club while continuing his legal practice in Augusta.
From 2008 until 2010, Mr. Cutler was President and Chief Executive Officer of Sustainable Power Corp., a company in Baytown, Texas specializing in green energy technologies.
Cutler Law Group moved to Houston, Texas in June 2009. Mr. Cutler has been admitted to the U.S. Federal District Courts, Central and Northern Districts of California, U.S. Federal District Court, Southern District of Texas, as well as the U.S. Court of Appeals, Ninth Circuit. Mr. Cutler is the author of “Comparative Conflicts of Law: Effectiveness of Contractual Choice of Forum,” published in the Texas International Law Journal.
Mr. Cutler is a Director of Planar Semiconductor A.G.
Staff Anesthesiologist
Sarah Tariq, M.D., is a staff anesthesiologist at Scottish Rite for Children in Frisco.
Dr. Tariq completed her anesthesiology residency at the University of Arkansas for Medical Sciences in Little Rock, Arkansas, and her pediatric anesthesiology fellowship at Arkansas Children’s Hospital in Little Rock, Arkansas.
She was appointed Assistant Professor of Anesthesiology, and during this time, she served as the Director of Pediatric Pain Management Service for Arkansas Children’s Hospital.
Dr. Tariq moved to Houston and was appointed Associate Professor and served as the Director of Pediatric Pain Service at the McGovern Medical School at UTHealth in Houston, Texas.
She holds Diplomat status from the American Board of Anesthesiology, the American Board of Pain Management, and the American Board of Pediatric Anesthesia.
Dr. Tariq serves as an Oral Board Examiner for the American Board of Anesthesiology.
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