Everhous LLC and Moe Seraj v PHH Mortgage Corporation

TO THE HONORABLE JUDGE OF SAID COURT:

This Verified Motion to Retain is brought by Plaintiff LAKESIDE IMPROVEMENT ASSOCIATION (“Plaintiff”). In support, Plaintiff would show the Court the following:

Background:

1.                  This is a property owners’ association collection case. It was filed on January 13, 2022 against Defendant KELLY CRAIG TOWNSEND (“Townsend”), who was served on February 2, 2022, at 10:25 a.m. by personal service at his primary residence in South Carolina. Townsend has failed or refused to file an answer.

2.                  Since effecting service on Townsend in this case, the following occurred:

a.                   Townsend sold the Property at issue (as defined below) in September 2022, unbeknownst to Plaintiff, and without paying off the debt owed to the Plaintiff homeowners’ association at the time of the conveyance. Earlier that month, Townsend had emailed Plaintiff’s counsel stating, “I am currently acting to settle all debts related to this property.”

b.                  Plaintiff amended its petition on August 30, 2023, to include those parties listed in the two (2) deeds recorded in the Real Property Records of Harris County, to wit: TRAVIS SMITH, AS TRUSTEE OF THE TOWNSEND ESTATE TRUST (hereinafter “Smith”), JAMES BACKUS, AS TRUSTEE OF THE WICKERSHAM TRUST (hereinafter “Backus”), and EVERHOUS LLC (hereinafter “Everhous”).

c.                   Defendant Everhous, currently listed as the record owner of the Property made the basis of this lawsuit (as defined below), was served on October 2, 2023, through its agent, Mohammad Seraj. Everhous has failed or refused to file an answer.

d.                  Plaintiff asked its process server to attempt to locate the two trustee defendants, but so far the service has been unable to locate and serve these additional parties.

e.                   Efforts by Plaintiff to try to resolve this collections dispute have been frustrated by Defendants’ unwillingness to respond to communications.

3.                  The case is currently set on the Court’s dismissal docket for May 21, 2024. The purpose of this Verified Motion to Retain is to ask this Court to retain this case on its docket in order to allow Plaintiff to potentially recoup all or the majority of the debt made the basis of this lawsuit. The purpose of this motion is not solely for delay but in furtherance of a possible settlement of the debt, as detailed herein below.

Tax Lawsuit:

4.                  In addition to not paying the HOA fees to the Plaintiff, the owners of this property also failed to pay the property taxes. KELLY CRAIG TOWNSEND, a named defendant in this matter who has not yet made an appearance, was also a defendant in Cause No. 2021-31026; styled Harris County, et al. v. Kelly Craig Townsend; in the 334th Judicial District Court, Harris County, Texas  (the “Tax Matter”). Townsend failed or refused to file an answer in the Tax Matter.

5.                  On June 17, 2022, the Tax Matter Court signed a Default Judgment, which indicated that Defendant KELLY CRAIG TOWNSEND was the owner of the tract of land made the basis of this lawsuit, specifically:

LOT NINE (9) IN BLOCK TWO (2) OF LAKESIDE ESTATES, SECTION ONE (1), A SUBDIVISION IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 152, PAGE 97 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, COMMONLY KNOWN AS 10907 WICKERSHAM DRIVE, HOUSTON, TX 77042 (the “Property”).

6.                  The Property is scheduled to be sold at a tax sale on June 6, 2024, by Order of Sale, pursuant to the judgment of the Tax Matter Court. Counsel for Plaintiff anticipates that excess proceeds resulting from the sale of the Property owned by the Defendant will be deposited into the registry of the Court following said sale. These excess proceeds may have a material effect on the claims in this case and/or be used to settle the debt due and owing to Plaintiff.

7.                  Under these circumstances, Plaintiff believes retaining this matter on the Court’s docket is appropriate and will allow for the disposition of the excess proceeds resulting from the tax sale in Cause No. 2021-31026 of the Property that was the subject of this lawsuit to be determined.

8.                  Rather than incur significant attorney’s fees preparing for the upcoming trial, the parties seek a continuance of one hundred eighty (180) days so that they may determine the disposition of the excess proceeds from the Tax Matter and hopefully resolve the claims in this case.

9.                  As such, Plaintiff asks this Court to retain this case for not less than one hundred  eighty (180) days so that:

a.                   The tax sale scheduled for June 4, 2024, can proceed;

b.                  The constable’s office can process any payment received and have any excess funds processed and deposited into the Registry of the Court;

c.                   Plaintiff can draft and file with the Tax Matter Court a petition to disburse to Petitioner such portion of the excess proceeds as its interest may appear;

d.                  Plaintiff can draft and file any necessary dismissal dockets in this matter.

10.              This Motion is not intended for delay but so that justice may be served.

Plaintiff LAKESIDE IMPROVEMENT ASSOCIATION prays that its Verified Motion to Retain be granted.

RESPECTFULLY SUBMITTED,

KATINE NECHMAN McLAURIN LLP

By:      /s/ Neil H. McLaurin IV

NEIL H. MCLAURIN IV
State Bar No. 24007657 MITCHELL

AVILA KATINE
State Bar No. 11106600
2000 Bering Drive, Suite 700

Houston, Texas 77057
Telephone: (713) 808-1000
Telecopier: (713) 808-1107

nmclaurin@lawknm.com

ATTORNEYS FOR PLAINTIFF LAKESIDE IMPROVEMENT ASSOCIATION

CERTIFICATE OF SERVICE

I, the undersigned attorney, do hereby certify that on this the 17th day of May, 2024, in accordance with the Texas Rules of Civil Procedure, a true and correct copy of the foregoing instrument has been forwarded to all attorneys of record or parties pro se, as follows:

Via USPS First Class Mail:
KELLY CRAIG TOWNSEND

517 Rice Hope Drive
Mt. Pleasant, South Carolina 29464

Via USPS First Class Mail:
EVERHOUS LLC

c/o Registered Agent, Mohammad Seraj
3546 Aldridge Drive
Missouri City, Texas 77459

/s/ Neil H. McLaurin IV

MASTER’S REPORT SIGNED

There’s been no attempt at foreclosure since the appt of sub. trustees in 2022 and the subsequent lawsuit described in this published article, which ended in March of 2023.

The Currytown Corruption series expands with familiar scenes of $10 buck transfers and HREAL Company involved.

There is no record that PHH Mortgage has sought to foreclose since the case was DWOP’d in March 10, 2023.

DISMISSED FOR WANT OF PROSECUTION