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Citation- Real American Real Estate, LLC
NOW COMES Salvador Cervantes, hereinafter called Plaintiff, complaining of and about Real American Real Estate LLC, hereinafter called Defendant, and for cause of action shows unto the Court the following:
DISCOVERY CONTROL PLAN LEVEL
1. Plaintiff affirmatively pleads that he seeks to remove a cloud from the title of his property described as follows: Lot Five (5) in Block Two (2), PINEVIEW PLACE, Harris County, Texas, known as 110 Glendale Street, Houston, Harris County, Texas 77012 and monetary relief aggregating $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs, and intends that discovery be conducted under Discovery Level 1.
PARTIES AND SERVICE
2. Plaintiff, Salvador Cervantes, is an Individual whose address is 8203 Dover Street, Houston, Texas 77061.
3. Defendant Real American Real Estate LLC, may be served with process by serving, Republic Registered Agent LLC, at 17350 State Highway 249 Suite 220, Houston,
Texas 77064. Service of said Defendant as described above can be effected by personal delivery.
JURISDICTION AND VENUE
4. The subject matter in controversy is within the jurisdictional limits of this court.
5. Plaintiff seeks: Removal of cloud on title and monetary damages.
6. This court has jurisdiction over the parties because Defendant is a Texas resident.
7. Venue in Harris County is proper in this cause.
FACTS
8. Plaintiff owned the property in question free and clear.
9. Defendant filed a fraudulent Memorandum of Purchase and Sale Contract in the Harris County Deed Records, attached as Exhibit A, which put a cloud on Plaintiff’s title.
LIT: Latest Movement on real records:-
CERVANTES SALVADOR to CONSALCERV REALESTATE ONE LLC – 01/30/2024
then
REAL AMERICAN REAL ESTATE LLC to ESTATE OF SALVADOR CERVANTES – 03/20/2024
This leads one to assume that Cervantes (Sr) is deceased and the Cervantes (Jr) filing suit here is family member of decedent. The status of the ownership of the estate is unknown.
SALVADOR CERVANTES’S CLAIM FOR CLOUD ON TITLE
9. Plaintiff seeks to remove the cloud on their Property described as follows:
Lot Five (5) in Block Two (2), PINEVIEW PLACE, Harris County, Texas, known as 110 Glendale Street, Houston, Harris County, Texas 77012.
DAMAGES FOR PLAINTIFF, SALVADOR CERVANTES
10. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff, Salvador Cervantes, was caused to suffer damages to property, and to incur the following damages:
Loss of note to the property and reduction in value to his property.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, Salvador Cervantes, respectfully prays that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendant for damages in an amount within the jurisdictional limits of the Court; together with pre-judgment interest at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further relief to which the Plaintiff may be entitled at law or in equity
Respectfully submitted,
By: /S/ Albert Lee Giddens
Albert Lee Giddens
Texas Bar No. 07884500
Email: lee@gbattorney.com
3009 Strawberry Rd.
Pasadena, TX 77502
Tel. (713) 947-0001
Fax. (713) 947-6527
Attorney for Plaintiff Salvador Cervantes Jr.