Mary Ann Castro v. Manuel Castro ( 2015 )

In the Fourth Court Of Appeals
Fourth Court Of Appeals District
San Antonio Texas Bexar County
Maryann Castro - —
-c-
F3
Manuel Castro
CO
Re: Court Of Appeals Number: 04-14-00785-CV
Trial Court Case 2011 -Ci-15957
MOTION FOR APPELLEE MANUEL CASTRO TO PAY ARREARS IN MORTGAGE
OWED UNPAID BALANCE AS OF august 26, 2014 42,411.76 an affidavit filed by
BSI BANK TO BE PAID TO APPELLANT MARYANN CASTRO
To the Honorable Justices of the Fourth Court of Appeals:
Here Comes Appellant Maryann Castro pro-se in Appels Court
This Motion is filed in good intent to make with the Mortgage holder BSI
Financial which was in default in Active Bankruptcy on 10/30/2013 this
information was withheld from Appellant Maryann Castro that Appellee Manuel
Castro was not paying the home mortgage and had put the Community that is in
the Agreement for Final Divorce in Bankruptcy Court and Appellee Manuel
Castro was not paying the Mortgage as required when her filed Bankruptcy on
or About August 2012 and did not notify the Court Judge Canales or Appellant
Maryann Castro on Oct 30,2013.
On Oct/9/2014 BSI issued a notice of default and intent to accelerate in the
amount 73,967.02.
Appellant Prays that the Court will enforce order of repayment to be made to
Appellant Maryann Castro so as to remain in good standing with the Mortgage
BSI as Appellee Manuel Castro failed to do when he allowed Mortgage not to be
paid and allowed the Community to go into foreclosure on January 6,2015 and
Appellant Maryann Castro has been the one holding on to the Community by
preventing foreclosure and had to retain Attorney Matthew Orbremier to
protect her home and homestead residence she resides at.
Appellee Manuel Castro and the non-spouse mistress Christina Pacheco
attempted to conspire and commit fraud when a Comparative Market Analysis a
realtors opinion was presented to the Court on Oct 30,2013 overvalued the
Community and attempted to have Appellant Maryann Castro pay 40,000 when
the value of the home is incorrect. Appellee Manuel Castro was in active
bankruptcy on Oct 30,2013 and had not made one mortgage payment as
required in his bankruptcy even involved a realtor who set up the fraud
Comparative Market Analysis to try to collect 40,000 In fraud equity.
Refinancing was not able to due to the account Appellee Manuel Castro put in
default and in active bankruptcy and removing Appellant Maryann Castro as
contact person to check on status of home mortgage Appellee Manuel Castro
allowed the nonspouse mistress Christina Pacheco to intervene in a home
mortgage Appellant Maryann Castro has interest in and Appellee Manuel Castro
did this to harm Appellant Maryann Castro and it do almost cost her the Home
1501 Olive st Jourdanton Texas in which Appellant Maryann Castro has
remained to live in.
Appellant Maryann Castro prays for Justice
A) BSI Arrears as of Aug 26,2014 $42,411.76
B) Bsi arrears as of Oct 09,2014$73,967.02
C) Attorney Mathew Orbremier and BSI attorney email of the matter of
home mortgage. Note shows unpaid principle is 220,897.02 value is
225,000 Certified appraisal not the Comparative Market Analysis realtors
opinion as submitted by Counsel Joseph Appelt on Oct 30,2013 showing
351,375.00
D) Counsel Joseph Appelt conspired to commit fraud for his client Appellee
Manuel Castro and did this to hurt Appellant Maryann Castro knowing
she is disabled and his client was carrying on an extra martial affair and in
active bankruptcy and was not paying the home mortgage and kept this
from the court Judge Canales and Appellant Maryann Castro to cause her
financial hardship and stress that was extreme causing depression.
Appellant Maryann Castro prays for justice
Respectfully
Ms. Maryann Castro Appellant pro-se 0 {
1501 Olive
Jourdanton Texas 78026
Pacattitude2014@gmail.com
830-496-0133
Filed 5/13/15 S|
1^96-cag Doc^S^'"Filed 09/04/14 Entered 09/04/14 20:37:39 Affidavit Pg 2 of 35
4 Manuel G. Castro JV and Mary Caslro executed n Adjustable Raii Note dated March 07,
1005. m favor of Wells Fargc Sank. N.A. in ttie original principal suraof 5i91.25Q.00
{the "Noie").
5. SSI FINANCIAL SERVICES. AS SERVICES FOR WELLS FARGO BANE, N.A. is siie /J-JX
scrvicer of the loan and holds the Note.
T!:e Note i^ secured by a Recordsd Deed of Trust enciJinberiria certain real prap^ny
comrncnly known as 1501 OLIVa STREET, JOL^RDANTON, "T
7. The unpaid principal balance of ihft lor,n ns of August 26. 20]^ is S220.S97.72.
3. The ratai post-petiiiGn arTea.'age due as nf August 26. 2014 is S42^T+Tr*7-?Toni2 note ^ '
thai additional payments will came due after SepttsniberTriKrr-i. Aftaci'.ecl hereto as
Exhibit "A" is a samrswiry of lhe Dui)tnr's post-paytnent history, including default
djis=and amounts.
9 The sums set forth in thi.f affklavil do not include any late charges, escrow advances,
attorneys' fcL's. co.'t. or other fe^s and chargas thai migtit otherwise be included in the
event :r,z<- a payoff is requested or provided.
■ 0. Tfio Note, and Supplemenial Riders, Afnendments, Motiificallorjs, Dsed of Trust, and
Assignrrmnts, if any, :ira aliached hirtto as Exhibit "A" and arc true and accurate copies
of the orisinals.
Further AERani Savsth Not.
BY:
AFFIANT
Subscribed and s*orn in before n?i
ihtS'^ day otrViA-ho 14. by
fh//
Sine of \
MyCommrssioncspirus: "\
Personally Known fsi. OR
Produced Identification
Type of Identification Prcduced:
-- ,,-V - - ■-
10/09/2014 / \) \
MANUEL G CASTRO JR.
( rS
1501 OLIVE ST b=s
JOURDANTON. TX 78026-2220
Loan Number: 44675
Property Address: 1501 OLIVE STREET
JOURDANTON, TX 78026
NOTICE OF DEFAULT AND INTENT TO ACCELERATE
Dear MANUEL G CASTRO JR:
This letter is formal notice by BSI Financial Services, Inc. (herein as "BSI") the Service* of the
above-referenced loan, on behalf of MLB SUB I, LLC that you are in default under the terms of the documents
creating and securing your Loan described above, including the Note and Deed of Trust/Mortgage/Security
Deed ("Security Instrument"), for failure to pay the amounts due.
The loan is due for 12/01/2011 and subsequent payments, plus late charges, fees and costs. As of today, the
total delinquency and reinstatement amount is S73,967.02, which consists of the following:
Next Payment Due Date 12/01/2011
Total Monthly Payments Due: S66.367.76
(35 @ $1,732.72)
Late Charges S4.204.26
Other Fees: 53,395.00
Unapplied Balance: fSQ.OQ)
TOTAL YOU MUST PAY TO CURE DEFAULT: 373,967.02
It is possible that after payment of rhe amounts detailed above there may be other fees stiii due and
owing, including but not limited to other fees, escrow advances or corporate advances that BSI paid on
your behalf or advanced to your account.
This letter is a formal demand to pay S73,967.02. If the default, together with additional payments that
subsequently become due, is not cured by 11/13/2014, BSI will accelerate the note so that the entire debt is
immediately due and payable, and take steps to terminate your ownership in the property by a foreclosure
proceeding or other action to seize the property.
IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, BSI offers consumer assistance
programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided
without cost to our customers. You may be eligible fora loan workout plan or other similar alternatives. If you
would like to learn more about these programs, you may contact the Loss Mitigation Department at (800)
327-7861, Monday-Wednesday S am to S pm EST, Thursday 8 am to 6 pm EST, Friday 8 am to 5 pm EST.
Saturday 8 am to 12 pm EST. WE ARE VERY INTERESTED IN ASSISTING YOU.
The default above can be cured by payment of the total delinquency and reinstatement amount plus any
TXJIOI
Page i of 3
FW: Property: 1501 OUVE STREET. JOURDANTON. TX 73026/ Ecrrower: Wary Ann Castro/BMFCW4CWM16
Frcm: Matt Obermeier
To- PacattitudeO6 s^~ ^X
Subject: FW: Property: 1501 OLIVE STREET, jOUR0^iTON1TX 78026/Borrower: Mary Ann Castro/BMPC#9408-
0016 / (I j
Data: Won. Mar 9.2015 8:29 pm V. ^~"^-^
Atiachmants: Castro 44S75 trial proposal.pdf (S07K) "
sV, net sure if you received mv --.?.!. 7r -,z.. * i -=cei; ■-:< in response was a different smsii stidjra. In
Lny svent, Etched is their oifa?. It's iot 500c. It rsquirss a 545,000.00 down payment w! ich ! ciow is
imcGc^;1-!;. ill tafr to you about it scon.
A!! ihs bast,
Mattiew Obermeier | CSGC | 14255 blancc Ra, Sen Antonio, TX 78215
P. 210-308-8600 I F. 210-305-6939 | C. 21G-296-O62S
From: Hocda, Sammy [mailto:Sammy.Hooda@SuckleyMadole.com]
Sent: Monday, March 9, 2015 10:09 AM
To: Matt Obermeier
sSbi3ct8REaip^operty: 1501 OLIVE STREET, JOURDANTON, TX 7S025 / Borrower: Mary Ann Castro /
BMPC#9408-0018
tviatt.
attached Is the i^an modification thai my client csn offer Ms. Ossirc. Flsssa review ths =ani3 with your
ciSnT ard advise on whether it wifi bs acceptsd or rsjected. .-25! free to give ns a call to discuss :ns
matter, if nasded.
Sammy 'r\oc-£-z
Attorney ai Law
Buckley Msdote, P..C.
DD/H-Fs(: 972-643-6308
Mobits: 214-213O03S
SEmmy.Hocd2@3uckleyMedois.com
From: Matt [mailto:Mau@osgdaw.com]
Sent: Monday, February 09, 2015 8:55 AM
Su'bj3fii: Re: Property: 1501 OLIVE STREET, JOURDANTON, TX 78026 / Borrower Mary Ann Csstro /
BMPC#94Q8-Q016
Please call my cell. That number is 210-236-5323. Thank you.
Ssnt from my mobile. Please excuse my brevity, spelling, and punctuation.
On Fzb 8, 2015, ai 1:2S PM, Hooda, Sammy wrote:
Mgtt
1/3
FW; Property: 1501 OUVE STREET, JOURDANTON, TX78CZ6/ Borrower. Mary Ann Caslro/ BMFC#S408-CD16
: navs confirmed with my client snc! 1PM on Tuesday, February 10, 2015 will for a conference
csii However, i may be cue of the office and if sc then attorney Mike Bums will be Handling
;hs call on my bshaif. Fleass lei ms know if ihsrs srs any special calling instructions,
oihsrwiss I will uss ths office phone number lisisd ;n your signature block.
Fsei -Vss b /ascr. cut if Enything changes en your and. Thank you.
Bsst P.scsrds
Sammy Hccda
Attorney si Law
Buckley Medole, P.C.
DD/E-Fax: 972-643-8608
Mobile: 214-213-0039
Ssmmy.Hcoda@BucklGyfviadoiG.com
From: Matt [mailto:Matt@osgclaw.com]
Sent: Friday, February 06, 2015 8:58 AM
Tc: Hocda, Sammy
Subject: RE: Property: 1501 OLIVE STREET, JOURDANTON, TX 7S02S / Borrower: Mary
Ann Castro / BMPC#9408-0016
Wiil i uesday st 1:00 work for a Donfsrence call?
Matthew Obermeier [ GSGG | 1425c Sisnco Rd., Ssr Antonio, TX 78213
P. 210-303-S30Q I F. 210-308-6939 j C. 210-296-5323
From: Hooda, Sammy [mailto:S3mmy.H0cda@BuckleyMad0le.com]
Sent: Wednesday, February 4, 2015 8:09 AM
To: Matt
Cc: McKsnna, Susan
Subject: RE: Property: 1501 OLIVE STREET, JOURDANTON, TX 78026 / Borrower: Many
Ann Castro / BMPC#9408-0018
Matt,
I have spoken with my client regarding the referenced matter. My client is willing to consider
Castro for a loan modification and has received a financial package that was submitted a few
months ago. However, to ensure that the most update information is being reviewed, my
client is requesting a conference call with you (and Castro) to review and answer some
follow-up questions. Please let me know your availability next week to set-up a mutually
agreeable date and time for the confersnes call.
I look forward to hearing from you scon to further the resolution of this matter. Thsnk you.
Best Regards,
Sammy Hccda
Attorney at Law
Buckley Madole, P.C.
14841 Dallas Parkway, Suite 425
Dallas, TX 75254
DD/E-Fax: 972-S43-6603
hKcs -Jim si! -sd ,ccm frtstm z\\ - std/sr> us/Pr t ntftrf sss s g 3
5e]]er's Statement
Property At:
Prepared For; Manuel Castro
15D2 Olivs
Jourdanton, JX 78026
Suggested Marketing Price; $351,375
ns
Comparative Market Analysis
Property At:
Prepared For:
Manuel Castro
1501 Olive
Jourdanton, TX 73026
Prepared By:
Archie Marmolejo
All Season Realty
—:'.±-' '-
Wi - -SB
All Season
Realty -
Office Phone: (330) 281-5263
Direct Une: (210) 347-7330
Personal Fax Number: (210) 5S9-6211
Email: marTnolejoarchie@aoi.ccm
THIS IS A BROKER PRICE OPINION OR COMPARA TIVE MARKET ANALYSIS AND SHOULD NOT BE CONSIDERED AN APPRAISAL
mshng My decsior, &*>&!& uponp myy wort; yDU should kno:; thit I have not followed rte
ort; yU rt guttta
ttta ford^pmJ
fod^J^
or analyse
l contained
tid m the
h Uniform
f Standards of Ptofesshml Appnisal Prvctice of the Appeal FoundJon
S
Prepared By: Archie Marmolejo All Season Realty
ABUSHTAGE HORTGJG£ / iuuo ia;i i r.ti
THXA3 APPRAISER LICENSING AND CERTIFICATION BOARD
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Date ofExpiration:jun*30,2G06 "
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Subjscl From
1501 Olive St
2.^57
ToKiJ Raoms 6
Total Bcarno.iis 3
*o!isl Saliroiims 2
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.Published «ti Feb 17, 2014
By: Yami VirginCandidaie running for judge caught red handed using box cutters to tear up opponents
signs. Joe Appelt, running for the 45ih District Court, was caught on video early Sunday morning cutting
Stephani Walsh's signs. In an interview with Fox San Antonio Appelt said this is a sign dispute between
candidates and I did something I shouldn't have Walsh says her husband and brother, both retired SARD
officers, sst up deer cameras to catch who was trashing her signs,To their surprise the first night they
captured video of a female child trashing the signs as a toddler watched from the backseat of a car being
driven by someone else. The second night it was a man in a hoodie who appears to be tearing up the
signs. The third night you can see in the video Appelt taking box cutters and cutting the signs. Walsh says
she will leave it up to Bexar county voters to decide if this is the type of behavior they e:;pect from a
judge. You can follow Yami Virgin on Twitter @yvirginor like on Facebook at Yami Virgin
Category
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